Minnesota Legislature
HF 16
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 01/08/2007 |
Current Version - as introduced
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A bill for an act
relating to employment; barring certain employers from bidding on state
contracts; requiring construction employers to develop and implement written
safety and health plans for each construction project; providing civil and criminal
penalties; amending Minnesota Statutes 2006, sections 182.651, by adding
subdivisions; 182.66, subdivision 1; 182.666, subdivisions 1, 2, 2a, 3; 182.667,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters
16C; 182.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[16C.053] AWARDING OF CONTRACTS TO OCCUPATIONAL
SAFETY AND HEALTH LAW VIOLATORS PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Prohibition. new text end
new text begin
No contract shall be awarded by the state of Minnesota
or any of its political subdivisions to a person or entity if:
new text end
new text begin
(1) the person or entity has been cited for three or more willful violations of an
occupational safety and health act or of a standard, order, or regulation, promulgated
pursuant to such an act, during the three-year period preceding the bid, provided the
violations were cited in accordance with the provisions of a state occupational safety and
health act or the Occupational Safety and Health Act of 1970, the violations were not
abated within the time frame fixed by the citations, and the citations have not been set
aside following appeal to the appropriate agency or court having jurisdiction; or
new text end
new text begin
(2) the person or entity has received one or more criminal convictions related
to the injury or death of an employee of the person or entity in the three-year period
preceding the bid.
new text end
new text begin Subd. 2. new text end
new text begin Partial ownership. new text end
new text begin
The state or a political subdivision shall not award
any contract to an entity if a person who individually, jointly, or in combination with the
person's spouse, parent, or child owns or controls directly or indirectly 25 percent or
more interest in the entity and the person would be barred from being awarded a contract
under subdivision 1.
new text end
Sec. 2.
Minnesota Statutes 2006, section 182.651, is amended by adding a subdivision
to read:
new text begin Subd. 24. new text end
new text begin Construction employer. new text end
new text begin
"Construction employer" means an employer
who is engaged primarily in the building and construction industry or who performs
construction work under a contract with a construction owner, except that a utility
providing or receiving mutual assistance in the case of a natural or man-made disaster
is not a construction employer.
new text end
Sec. 3.
Minnesota Statutes 2006, section 182.651, is amended by adding a subdivision
to read:
new text begin Subd. 25. new text end
new text begin Construction owner. new text end
new text begin
"Construction owner" means a person or entity
who owns, leases, or has effective control over property with or without improvements or
a structure or other improvement on real property on which construction work is being
performed or will be performed.
new text end
Sec. 4.
Minnesota Statutes 2006, section 182.651, is amended by adding a subdivision
to read:
new text begin Subd. 26. new text end
new text begin Construction project. new text end
new text begin
"Construction project" means all construction
work by one or more construction employers that is performed for a construction owner
and that is described in work orders, permits, requisitions, agreements, and other project
documents.
new text end
Sec. 5.
Minnesota Statutes 2006, section 182.651, is amended by adding a subdivision
to read:
new text begin Subd. 27. new text end
new text begin Construction work. new text end
new text begin
"Construction work" means work for construction,
alteration, demolition, or repair, or any combination of these, including painting and
decorating. Construction work includes work performed under a contract between a
construction employer and the state of Minnesota or any of its political subdivisions.
Construction work does not include work performed under a contract between a
construction employer and a homeowner for work on the homeowner's own residence, or
routine maintenance and upkeep performed at least monthly.
new text end
Sec. 6.
Minnesota Statutes 2006, section 182.651, is amended by adding a subdivision
to read:
new text begin Subd. 28. new text end
new text begin Construction worksite. new text end
new text begin
"Construction worksite" means a site within a
construction project where construction work is performed by one or more construction
employers.
new text end
Sec. 7.
new text begin
[182.6547] CONSTRUCTION SAFETY AND HEALTH PLANS AND
PROGRAMS.
new text end
new text begin Subdivision 1. new text end
new text begin Project constructor. new text end
new text begin
Each construction project must have an
individual or entity that is responsible for the establishment of the safety and health plan
for the project and for ensuring that the plan is carried out. That individual or entity shall
be designated the project constructor. If a construction project has only one general or
prime contractor, that contractor is the project constructor. If a construction project has
more than one general or prime contractor, then the general or prime contractor whose
work accounts for the greatest portion of the project's cost is the project constructor.
new text end
new text begin Subd. 2. new text end
new text begin Construction safety and health plans. new text end
new text begin
The project constructor for each
construction project shall develop and implement a written construction safety and health
plan for the construction project to protect employees against hazards that may exist at the
project. The plan shall:
new text end
new text begin
(1) include a hazard analysis and construction process protocol that applies to each
worksite of the project;
new text end
new text begin
(2) include assurance that each construction employer on the project has a safety and
health program that complies and is coordinated with the plan and the requirements of
section 182.653, subdivision 8;
new text end
new text begin
(3) provide for regular inspections of the worksite to monitor the implementation of
the plan;
new text end
new text begin
(4) include a method for notifying affected construction employers of any hazardous
conditions at a construction worksite or of noncompliance by an employer with the project
safety and health plan;
new text end
new text begin
(5) include a method for responding to the request of any construction employer,
employee, or employee representative for an inspection of a construction worksite to
determine if an imminent danger exists and to stop work at, or remove affected employees
from, an area in which such a danger exists;
new text end
new text begin
(6) ensure that a competent person is on site at all times to oversee the
implementation of the safety plan and coordinate activities among employers; and
new text end
new text begin
(7) ensure that the plan will be reviewed and modified as the project addresses
new safety concerns.
new text end
new text begin Subd. 3. new text end
new text begin Availability. new text end
new text begin
Copies of the plan shall be made available to each
construction employer prior to commencement of construction work by that employer.
new text end
new text begin Subd. 4. new text end
new text begin Emergency work. new text end
new text begin
If it is necessary to perform construction work on
a worksite immediately in order to prevent injury to persons or substantial damage to
property, and this work must be conducted before compliance with this section can
be made, the commissioner shall be given notice as soon as practicable of such work.
Compliance shall then be made as soon as practicable thereafter.
new text end
Sec. 8.
Minnesota Statutes 2006, section 182.66, subdivision 1, is amended to read:
Subdivision 1.
Written citations.
After an inspection or investigation, if the
commissioner believes that an employer has violated a requirement of section 182.653new text begin or
182.6547new text end , or any standard, rule or order adopted pursuant to this chapter, the commissioner
shall, with reasonable promptness and in no event later than six months following
the inspection, issue a written citation to the employer by certified mail. The citation
shall describe with particularity the nature of the violation, including a reference to the
provision of the act, standard, rule or order alleged to have been violated. In addition, the
citation shall fix a reasonable time for the abatement of the violation.
Sec. 9.
Minnesota Statutes 2006, section 182.666, subdivision 1, is amended to read:
Subdivision 1.
Willful or repeated violations.
Any employer who willfully or
repeatedly violates the requirements of section 182.653new text begin or 182.6547new text end , or any standard, rule,
or order adopted under the authority of the commissioner as provided in this chapter,
may be assessed a fine not to exceed $70,000 for each violation. The minimum fine
for a willful violation is $5,000.
Sec. 10.
Minnesota Statutes 2006, section 182.666, subdivision 2, is amended to read:
Subd. 2.
Serious violations.
Any employer who has received a citation for a serious
violation of its duties under section 182.653new text begin or 182.6547new text end , or any standard, rule, or order
adopted under the authority of the commissioner as provided in this chapter, shall be
assessed a fine not to exceed $7,000 for each violation. If a serious violation under section
182.653, subdivision 2, new text begin or 182.6547 new text end causes or contributes to the death of an employee, the
employer shall be assessed a fine of up to $25,000.
Sec. 11.
Minnesota Statutes 2006, section 182.666, subdivision 2a, is amended to read:
Subd. 2a.
Citations connected to the death of an employee.
(a) Notwithstanding
any other provision of this section, if any (1) serious, willful, or repeated violation other
than a violation of section 182.653, subdivision 2new text begin , or 182.6547new text end ; or (2) failure to correct a
violation pursuant to subdivision 4 causes or contributes to the death of an employee, the
minimum total nonnegotiable fine which shall be assessed for all citations connected to
the death of an employee is $50,000 if there is a willful or repeated violation or $25,000 if
there is no willful or repeated violation, except as provided in paragraph (b).
(b) If there is no willful or repeated violation and the employer has fewer than 50
employees, the employer shall be assessed an initial fine of $5,000 and an additional fine
of $5,000 for each of the following four years. The commissioner may elect to waive the
$5,000 fine for any of the following four years if the employer received no citations
in the preceding calendar year.
(c) If the business or enterprise employs fewer than 50 employees, this subdivision
does not apply to the death of an employee who owns a controlling interest in the business
or enterprise, except if the commissioner determines that a fine shall be assessed.
Sec. 12.
Minnesota Statutes 2006, section 182.666, subdivision 3, is amended to read:
Subd. 3.
Nonserious violations.
Any employer who has received a citation for a
violation of its duties under section 182.653, subdivisions 2 to 4,new text begin or 182.6547,new text end where the
violation is specifically determined not to be of a serious nature as provided in section
182.651, subdivision 12, may be assessed a fine of up to $7,000 for each violation.
Sec. 13.
Minnesota Statutes 2006, section 182.667, subdivision 2, is amended to read:
Subd. 2.
Willful or repeated violations.
Any employer who willfully or repeatedly
violates the requirements of section 182.653new text begin or 182.6547new text end , any safety and health standard
promulgated under this chapter, any existing rule promulgated by the department, may be
punished by a fine of not more than $70,000 or by imprisonment for not more than six
months ordeleted text begin bydeleted text end bothdeleted text begin ;deleted text end exceptdeleted text begin ,deleted text end that if the conviction is for a violation committed after a first
conviction ofdeleted text begin suchdeleted text end new text begin thenew text end person, punishment shall be a fine of not more than $100,000 or
by imprisonment for not more than one year, ordeleted text begin bydeleted text end both.