HF 4291

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/26/2024 02:21pm

A bill for an act
relating to employment; establishing an ombudsperson for safety, health, and
well-being of agricultural and food processing workers; requiring a report;
proposing coding for new law in Minnesota Statutes, chapter 179.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [179.911] OMBUDSPERSON FOR SAFETY, HEALTH, AND
WELL-BEING OF AGRICULTURAL AND FOOD PROCESSING WORKERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Agricultural worker" has the meaning given in section 181.85, subdivision 2.
new text end

new text begin (c) "Commissioner" means the commissioner of the Department of Employment and
Economic Development.
new text end

new text begin (d) "Food processing" has the meaning given in section 181.635, subdivision 1, paragraph
(d), and also includes meatpacking and poultry processing.
new text end

new text begin Subd. 2. new text end

new text begin Ombudsperson established; purpose. new text end

new text begin The ombudsperson for safety, health,
and well-being of agricultural and food processing workers is established within the
Department of Employment and Economic Development to assist agricultural and food
processing workers with issues including but not limited to housing, workplace safety, and
fair labor standards in Minnesota.
new text end

new text begin Subd. 3. new text end

new text begin Appointment. new text end

new text begin The governor shall appoint an ombudsperson for safety, health,
and well-being of agricultural and food processing workers. The ombudsperson shall serve
in the unclassified service. No individual may serve as the ombudsperson for safety, health,
and well-being of agricultural and food processing workers while running for or holding
any other public office or while employed by, consulting with, or in any way affiliated with
a person or entity that employs agricultural or food processing workers. The ombudsperson
shall serve a term of four years, which may be renewed. The ombudsperson may be removed
prior to the end of the term for just cause.
new text end

new text begin Subd. 4. new text end

new text begin Qualifications. new text end

new text begin (a) The ombudsperson must:
new text end

new text begin (1) be highly competent and qualified to analyze questions of law, administration, and
public policy regarding the safety, health, and well-being of agricultural and food processing
workers;
new text end

new text begin (2) have knowledge and experience in the fields of workplace safety, housing, and fair
labor standards;
new text end

new text begin (3) be familiar with governmental entities and their roles, interpretation of laws and
regulations, record keeping, report writing, public speaking, and management;
new text end

new text begin (4) have experience working with agricultural and food processing workers; and
new text end

new text begin (5) be knowledgeable about the needs and experiences of agricultural and food processing
worker communities.
new text end

new text begin (b) An individual must not serve as the ombudsperson for safety, health, and well-being
of agricultural and food processing workers while running for or holding any other public
office.
new text end

new text begin (c) The ombudsperson must speak fluently in a language in addition to English that is
commonly used by agricultural and food processing workers.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin The duties of the ombudsperson shall include but are not limited to the
following:
new text end

new text begin (1) offering accessible methods of contact, including telephone, text, and virtual
communication platforms, to answer questions, receive complaints, and discuss agency
actions with agricultural stakeholders;
new text end

new text begin (2) responding to requests for assistance, documenting complaints, and connecting
workers to relevant agencies and service providers;
new text end

new text begin (3) analyzing complaints regarding agricultural and food processing workers' protections,
identifying policies and practices in other states and countries, and making recommendations
for legislative and other policy changes to improve the safety, health, and well-being of
agricultural and food processing workers;
new text end

new text begin (4) conducting outreach to interested and affected stakeholders, including but not limited
to workers, employers, service providers, community organizations, legal advocates, and
other advocates for agricultural and food processing workers to inform them of the services
of the ombudsperson and identify issues of concern;
new text end

new text begin (5) creating, collecting, and distributing educational materials in relevant languages to
agricultural and food processing workers about their rights under Minnesota laws and rules,
and to inform agricultural and food processing workers about state services available to
them. Materials must be made available in both physical and digital formats;
new text end

new text begin (6) providing education about workers' rights and available resources to employers,
workers, service providers, and advocates;
new text end

new text begin (7) providing intrastate agency coordination, policy reviews, and guidance that assist in
supporting the safety, health, and well-being of agricultural and food processing workers;
new text end

new text begin (8) participating as a member of the Minnesota Migrant Services Consortium and
participating in any work group or task force engaged in work related to agricultural and
food processing workers;
new text end

new text begin (9) participating in any interagency committee focusing on the safety, health, and
well-being of agricultural and food processing workers to develop strategies to better assist
agricultural and food processing workers; and
new text end

new text begin (10) other activities the ombudsperson deems necessary.
new text end

new text begin Subd. 6. new text end

new text begin Posting of complaints. new text end

new text begin The ombudsperson must make any complaints visible
and accessible to the public by, among other things, posting the complaints on the
ombudsperson's website.
new text end

new text begin Subd. 7. new text end

new text begin Reporting. new text end

new text begin By December 31 of each year, the ombudsperson must report to
the commissioner and chairs of the relevant committees in the house of representatives and
senate with jurisdiction about the agricultural and food processing worker activities conducted
by the ombudsperson during the previous year. The report must include, at a minimum:
new text end

new text begin (1) a summary of the ombudsperson's activities, detailing the services provided to
agricultural and food processing workers, including the number of stakeholders served;
new text end

new text begin (2) the number, summary, and analysis of complaints received during the previous year;
new text end

new text begin (3) any recommendations for legislative or other policy changes; and
new text end

new text begin (4) any other information specified by the commissioner.
new text end

new text begin Subd. 8. new text end

new text begin Access to records. new text end

new text begin (a) The ombudsperson for safety, health, and well-being of
agricultural and food processing workers or their designee, excluding volunteers, may have
access to any data of a state agency necessary for the discharge of the ombudsperson's duties,
including records classified as confidential data on individuals or private data on individuals
under chapter 13 or any other law. The ombudsperson's data request must relate to a specific
case and is subject to section 13.03, subdivision 4. If the data concerns an individual, the
ombudsperson or designee shall first obtain the individual's consent. If the individual is
unable to consent and has no parent or legal guardian, the ombudsperson's or designee's
access to the data is authorized by this section.
new text end

new text begin (b) The ombudsperson and designee must adhere to chapter 13 and must not disseminate
any private or confidential data on individuals unless specifically authorized by state, local,
or federal law or pursuant to a court order.
new text end

new text begin Subd. 9. new text end

new text begin Staff support. new text end

new text begin The ombudsperson may select, appoint, and compensate from
available funds a program manager, confidential secretary, and any other staff members
necessary to carry out the duties listed under subdivision 5. The ombudsperson may delegate
to staff members any authority or duties, except the duty to provide reports to the governor,
commissioner, or legislature.
new text end

new text begin Subd. 10. new text end

new text begin Independence of action. new text end

new text begin In carrying out the duties required under this section,
the ombudsperson may provide testimony to the legislature and make periodic reports to
the legislature on areas of concern to agricultural and food processing workers.
new text end

new text begin Subd. 11. new text end

new text begin Civil actions. new text end

new text begin The ombudsperson and designees are not civilly liable for any
action taken under this section if the action was taken in good faith, was within the scope
of the duties of the ombudsperson for safety, health, and well-being of agricultural and food
processing workers' authority, and did not constitute willful or reckless misconduct.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2025 is appropriated from the general fund to the commissioner of
employment and economic development for the establishment and operations of the
ombudsperson for safety, health, and well-being of agricultural and food processing workers.
new text end