Office of the Revisor of Statutes
SF 2804
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/21/2025 10:29 a.m.
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A bill for an act
relating to employment; establishing a worker safety requirement to provide access
to automatic external defibrillators and trained operators; amending Minnesota
Statutes 2024, section 182.6526, subdivisions 1, 6, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, 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.
new text begin
(c) "Automatic external defibrillator" or "AED" means an electronic device designed
and manufactured to operate automatically or semiautomatically for the purpose of delivering
an electrical current to the heart of a person in sudden cardiac arrest.
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deleted text begin (c)deleted text end new text begin (d)new text end "Commissioner" means the commissioner of labor and industry.
deleted text begin (d)deleted text end new text begin (e)new text end (1) Except as provided in clause (2), "employee" means a person who meets the
definition in section 182.651, subdivision 9, and who works at a warehouse distribution
center.
(2) For the purposes of subdivisions 2, 3, deleted text begin anddeleted text end 4new text begin , and 5anew text end only, "employee" means a person
who: (i) meets the definition in section 182.651, subdivision 9; (ii) does not meet any of
the exceptions under section 177.23, subdivision 7, clauses (1) to (19); and (iii) performs
warehouse work occurring on the property of a warehouse distribution center. Employee
does not include any person performing solely manufacturing, administrative, sales,
accounting, human resources, or driving work at, or to and from, a warehouse distribution
center.
deleted text begin (e)deleted text end new text begin (f)new text end "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.
deleted text begin (f)deleted text end new text begin (g)new text end "Employer" means a person who meets the definition in section 182.651,
subdivision 7, and who 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.
deleted text begin (g)deleted text end new text begin (h)new text end "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.
deleted text begin (h)deleted text end new text begin (i)new text end "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.
new text begin EFFECTIVE DATE. new text end
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This section is effective January 1, 2026.
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Sec. 2.
Minnesota Statutes 2024, section 182.6526, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Automatic external defibrillators. new text end
new text begin
(a) Employers must provide employees
with reasonable access to an automatic external defibrillator for use in cases of emergency.
Employers must also ensure that every employee can be reached within 2.5 minutes by
someone with a current certification for training:
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(1) meeting the requirements of appendix B of Code of Federal Regulations, title 29,
section 1910.266;
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(2) including appropriate instructions from the AED manufacturer regarding use of the
AED;
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(3) conducted by a person with the requisite knowledge, training, and experience; and
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(4) presented in a manner that the employee was able to understand, including using
content and vocabulary appropriate to the educational level, literacy, and language skills of
the employees being trained.
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(b) The training under paragraph (a) must be documented by a written certification record
containing the employee's name, dates of training, and the signature of either the person
who conducted the training or the employer. If an employer relies on training conducted
prior to the employee's hiring or completed prior to the effective date of this section, the
certification record must indicate the date the employer determined the prior training was
current and adequate.
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(c) Employers must maintain records of the most recent training certification for every
employee used to meet the requirements of this subdivision.
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(d) Training certifications under this subdivision remain current for no longer than two
years after the final date of training.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 3.
Minnesota Statutes 2024, section 182.6526, subdivision 6, is amended to read:
Subd. 6.
Enforcement.
(a) Subdivisions 2, paragraphs (a) to (c), 4, deleted text begin anddeleted text end 5new text begin , and 5anew text end shall
be enforced by the commissioner under sections 182.66, 182.661, and 182.669. A violation
of this section is subject to the penalties provided under sections 182.666 and 182.669.
(b) A current or former employee aggrieved by a violation of this section may bring a
civil cause of action for damages and injunctive relief to obtain compliance with this section;
may receive other equitable relief as determined by a court, including reinstatement with
back pay; and may, upon prevailing in the action, recover costs and reasonable attorney
fees in that action. A cause of action under this section must be commenced within one year
of the date of the violation.
(c) Nothing in this section shall be construed to prevent local enforcement of occupational
health and safety standards that are more restrictive than this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end