SF 1546

Introduction - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to employment; modifying provisions relating 
  1.3             to access to occupational safety and health 
  1.4             investigation data; amending Minnesota Statutes 1994, 
  1.5             section 182.659, subdivision 8, and by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 182.659, 
  1.9   subdivision 8, is amended to read: 
  1.10     Subd. 8.  Neither the commissioner nor any employee of the 
  1.11  department, including those employees of the department of 
  1.12  health providing services to the department of labor and 
  1.13  industry, pursuant to section 182.67, subdivision 1, is subject 
  1.14  to subpoena for purposes of inquiry into any occupational safety 
  1.15  and health inspection except in enforcement proceedings brought 
  1.16  under this chapter.  All written information, documentation and 
  1.17  reports gathered or prepared by the department pursuant to an 
  1.18  occupational safety and health inspection are public information 
  1.19  once the departmental inspection file is closed.  
  1.20     Sec. 2.  Minnesota Statutes 1994, section 182.659, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 9.  Notwithstanding section 13.39, and except as 
  1.23  provided by section 13.30, access to investigative data 
  1.24  collected, created, received, and maintained pursuant to the 
  1.25  enforcement of this chapter is governed by this subdivision.  
  1.26     (a) Investigative data on an individual which is part of an 
  2.1   active investigation or is being maintained in anticipation of a 
  2.2   civil or administrative action is classified as confidential 
  2.3   data on individuals under section 13.02, subdivision 3.  
  2.4      (b) Investigative data not on an individual which is part 
  2.5   of an active investigation or is being maintained in 
  2.6   anticipation of a civil or administrative action is classified 
  2.7   as protected nonpublic data under section 13.02, subdivision 13. 
  2.8      (c) The names and addresses of employers investigated, 
  2.9   citations and notifications of penalty issued as a result of 
  2.10  investigations, and employers' notices of contest are classified 
  2.11  as public data. 
  2.12     (d) Investigative data which is part of an inactive 
  2.13  investigation is public data except as provided in paragraph 
  2.14  (e).  An investigation becomes inactive upon the occurrence of 
  2.15  any of the following events: 
  2.16     (1) no citation and notification of penalty is issued as a 
  2.17  result of the investigation within six months after the closing 
  2.18  conference; 
  2.19     (2) a citation and notification of penalty issued as a 
  2.20  result of the investigation is rescinded by the commissioner; or 
  2.21     (3) a citation and notification of penalty issued as a 
  2.22  result of the investigation has been dismissed or become a final 
  2.23  order of the commissioner and all rights of appeal by any party 
  2.24  have either been exhausted or have expired. 
  2.25     (e) The following investigative data which is part of an 
  2.26  inactive investigation is not public: 
  2.27     (1) investigative data that identifies individuals who 
  2.28  provide the commissioner in confidence data about violations of 
  2.29  this chapter or any standard, rule, or order promulgated under 
  2.30  the authority of the commissioner; 
  2.31     (2) investigative data protected under subdivision 4; and 
  2.32     (3) investigative data protected under section 182.663, 
  2.33  subdivision 4. 
  2.34     This data continues to be classified as confidential data 
  2.35  on individuals under section 13.02, subdivision 3, or protected 
  2.36  nonpublic data under section 13.02, subdivision 13. 
  3.1      (f) The commissioner may make any data classified as 
  3.2   confidential or protected nonpublic data pursuant to this 
  3.3   subdivision accessible to any person, agency, or the public if 
  3.4   the commissioner determines that the access will aid the law 
  3.5   enforcement process or promote public health and safety. 
  3.6      (g) Investigative data provided by an employee to the 
  3.7   commissioner pursuant to an investigation conducted by the 
  3.8   commissioner under section 182.669, which is part of an active 
  3.9   or inactive investigation, is accessible to the employee in 
  3.10  accordance with section 13.04, subdivision 3.  The employee may 
  3.11  consent to the release of the data to the employee's attorney or 
  3.12  other legal representative.