Minnesota Legislature
HF 3957
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/20/2024 12:20pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/16/2024 |
Current Version - as introduced
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A bill for an act
relating to labor and industry; modifying provisions relating to occupational health
and safety; amending Minnesota Statutes 2022, sections 182.664, subdivisions 3,
5; 182.665; 182.666, subdivision 6; 182.667, by adding a subdivision; Minnesota
Statutes 2023 Supplement, sections 182.6526, subdivision 1; 182.677, subdivisions
1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2023 Supplement, section 182.6526, subdivision 1, is
amended to read:
Subdivision 1.
Definitions.
(a) The terms defined in this subdivision have the meanings
given.
(b) "Aggregated employee work speed data" means a compilation of employee work
speed data for multiple employees, in summary form, assembled in full or in another form
such that the data cannot be identified with any individual.
(c) "Commissioner" means the commissioner of labor and industry.
(d)(1) Except as provided in clause (2), "employee" means deleted text begin an employeedeleted text end new text begin a person who
meets the definition in section 182.651, subdivision 9, andnew text end who works at a warehouse
distribution center.
(2) For the purposes of subdivisions 2, 3, and 4 only, "employee" means deleted text begin a nonexempt
employee performingdeleted text end new text begin a person who meets the definition in section 182.651, subdivision 9,
does not meet any of the exceptions set forth in section 177.23, subdivision 7, clauses (1)
to (19), and who performsnew text end warehouse work occurring on the property of a warehouse
distribution center deleted text begin anddeleted text end new text begin . Employeenew text end does not include deleted text begin a nonexempt employeedeleted text end new text begin any personnew text end
performing solely manufacturing, administrative, sales, accounting, human resources, or
driving work atnew text begin ,new text end or to and fromnew text begin ,new text end a warehouse distribution center.
(e) "Employee work speed data" means information an employer collects, stores, analyzes,
or interprets relating to an individual employee's performance of a quota, including but not
limited to quantities of tasks performed, quantities of items or materials handled or produced,
rates or speeds of tasks performed, measurements or metrics of employee performance in
relation to a quota, and time categorized as performing tasks or not performing tasks.
Employee work speed data does not include itemized earnings statements pursuant to chapter
181, except for any content of those records that includes employee work speed data as
defined in this paragraph.
(f) "Employer" means a person who new text begin meets the definition in section 182.651, subdivision
7, and who new text end directly or indirectly, or through an agent or any other person, including through
the services of a third-party employer, temporary service, or staffing agency or similar
entity, employs or exercises control over the wages, hours, or working conditions of 250
or more employees at a single warehouse distribution center or 1,000 or more employees
at one or more warehouse distribution centers in the state. For purposes of this paragraph,
all employees of an employer's unitary business, as defined in section 290.17, subdivision
4, shall be counted in determining the number of employees employed at a single warehouse
distribution center or at one or more warehouse distribution centers in the state.
(g) "Warehouse distribution center" means an establishment as defined by any of the
following North American Industry Classification System (NAICS) codes:
(1) 493110 for General Warehousing and Storage;
(2) 423 for Merchant Wholesalers, Durable Goods;
(3) 424 for Merchant Wholesalers, Nondurable Goods;
(4) 454110 for Electronic Shopping and Mail-Order Houses; and
(5) 492110 for Couriers and Express Delivery Services.
(h) "Quota" means a work standard under which:
(1) an employee or group of employees is assigned or required to perform at a specified
productivity speed, or perform a quantified number of tasks, or handle or produce a quantified
amount of material, or perform without a certain number of errors or defects, as measured
at the individual or group level within a defined time period; or
(2) an employee's actions are categorized and measured between time performing tasks
and not performing tasks, and the employee's failure to complete a task performance standard
may have an adverse impact on the employee's continued employment.
Sec. 2.
Minnesota Statutes 2022, section 182.664, subdivision 3, is amended to read:
Subd. 3.
Powers and duties of board.
The review board shall review and decide appeals
from final decisions and orders of the commissioner, including decisions issued by
administrative law judges, petitions to vacate final orders of the commissioner, and with
the agreement of the parties, may review and decide petitions for decisions based on
stipulated facts. The powers of the board in the conduct of hearings, including the power
to sign decisions and orders, may be delegated to a member, members, or the board chair.
The board may schedule a hearing for purposes of taking oral argument. A notice stating
the time and place of the hearing must be given ten days in advance of such a hearing to
the parties and copies of the notice of such hearing shall be served by the employer as rules
of the board shall require. The hearings shall be open to the public and the board's decisions
and orders shall be maintained and available for examination.new text begin Chapter 13D does not apply
to meetings or hearings of the board when the board is deliberating to reach its decision on
an appeal or petition under its jurisdiction.
new text end
Sec. 3.
Minnesota Statutes 2022, section 182.664, subdivision 5, is amended to read:
Subd. 5.
Authority of board; deleted text begin standarddeleted text end new text begin scopenew text end of review.
new text begin (a) new text end For the purpose of carrying
out its functions under this chapter, two members of the board shall constitute a quorum
and official action can be taken only on the affirmative vote of at least two members. The
decisions and orders of an administrative law judge, or final orders of the commissioner,
may be appealed to the review board by the employer, employee, or their authorized
representatives or any party, within 30 days following service by mail of the administrative
law judge's decision and order, or final order of the commissioner.
new text begin (b)new text end The review board shall have authority to revise, deleted text begin confirmdeleted text end new text begin affirm, remandnew text end , or reverse
the decision and order of administrative law judgesdeleted text begin , ordeleted text end new text begin .
new text end
new text begin (c) The review board shall also have authoritynew text end to new text begin affirm, or new text end vacate and remandnew text begin ,new text end final
orders of the commissionernew text begin when a petition to vacate a final order is filednew text end . The board shall
only vacatenew text begin and remandnew text end a final order of the commissioner new text begin relating to a petition to vacate
new text end upon a showing of good cause. For purposes of this section, good cause is limited to fraud,
mistake of fact deleted text begin ordeleted text end new text begin by the commissioner, mistake ofnew text end lawnew text begin by the commissionernew text end , or newly
discovered evidence.
Sec. 4.
Minnesota Statutes 2022, section 182.665, is amended to read:
182.665 JUDICIAL REVIEW.
Any person aggrieved by a final order of the board in a contested case, new text begin by a final order
of the board on a petition to vacate a final order of the commissioner, new text end or by any standard,
rule, or order promulgated by the commissioner, is entitled to judicial review thereof in
accordance with the applicable provisions of chapter 14.
Sec. 5.
Minnesota Statutes 2022, section 182.666, subdivision 6, is amended to read:
Subd. 6.
Authority to assess fines; considerations.
Only the commissioner shall have
authority to assess all proposed fines provided in this sectiondeleted text begin , givingdeleted text end new text begin . Notwithstanding the
factors in section 14.045, subdivision 3, the commissioner must givenew text end due considerationnew text begin onlynew text end
to the new text begin following factors:
new text end
new text begin (1) new text end appropriateness of the fine with respect to the size of the business of the employerdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2) new text end the gravity of the violationdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end the good faith of the employerdeleted text begin ,deleted text end new text begin ;new text end and
new text begin (4) new text end the history of previous violations.
Sec. 6.
Minnesota Statutes 2022, section 182.667, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Investigative data. new text end
new text begin
The commissioner may share active and inactive civil
investigative data pursuant to section 13.39 with a city or county attorney for purposes of
enforcing this section. The commissioner may share complete data and need not withhold
any data under the requirements of chapter 13 or 182 or any other state privacy law.
new text end
Sec. 7.
Minnesota Statutes 2023 Supplement, section 182.677, subdivision 1, is amended
to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the definitions in this
subdivision apply unless otherwise specified.
(b) "Health care facility" means a hospital with a North American Industrial Classification
system code of 622110, 622210, or 622310; an outpatient surgical center with a North
American Industrial Classification system code of 621493; and a nursing home with a North
American Industrial Classification system code of 623110.
(c) "Warehouse distribution center" means deleted text begin an employerdeleted text end new text begin a site in Minnesotanew text end with 100 or
more employees deleted text begin in Minnesotadeleted text end and a North American Industrial Classification system code
of 493110, 423110 to 423990, 424110 to 424990, 454110, or 492110.
(d) "Meatpacking site" means a deleted text begin meatpacking or poultry processingdeleted text end site new text begin in Minnesota
new text end with 100 or more employees deleted text begin in Minnesotadeleted text end and a North American Industrial Classification
system code of 311611 to 311615, except 311613.
(e) "Musculoskeletal disorder" or "MSD" means a disorder of the muscles, nerves,
tendons, ligaments, joints, cartilage, blood vessels, or spinal discs.
Sec. 8.
Minnesota Statutes 2023 Supplement, section 182.677, subdivision 2, is amended
to read:
Subd. 2.
Ergonomics program required.
(a) Every new text begin employer with employees at a
new text end licensed health care facility, warehouse distribution center, or meatpacking site in the state
shall create and implement an effective written ergonomics program establishing the
employer's plan to minimize the risk of its employees developing or aggravating
musculoskeletal disorders. The ergonomics program shall focus on eliminating the risk. To
the extent risk exists, the ergonomics program must include feasible administrative or
engineering controls to reduce the risk.
(b) The program shall include:
(1) an assessment to identify and reduce musculoskeletal disorder risk factors in the
facility;
(2) an initial and ongoing training of employees on ergonomics and its benefits, including
the importance of reporting early symptoms of musculoskeletal disorders;
(3) a procedure to ensure early reporting of musculoskeletal disorders to prevent or
reduce the progression of symptoms, the development of serious injuries, and lost-time
claims;
(4) a process for employees to provide possible solutions that may be implemented to
reduce, control, or eliminate workplace musculoskeletal disorders;
(5) procedures to ensure that physical plant modifications and major construction projects
are consistent with program goals; and
(6) annual evaluations of the ergonomics program and whenever a change to the work
process occurs.