HF 1355

4th Engrossment - 94th Legislature (2025 - 2026) Posted on 05/01/2025 03:05pm

A bill for an act
relating to occupational safety; requiring holders of permits to harvest or destroy
aquatic plants to safely use scuba diving equipment; establishing requirements for
commercial diving operations; amending Minnesota Statutes 2024, section
103G.615, subdivisions 1, 3; proposing coding for new law in Minnesota Statutes,
chapter 182.

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

Section 1.

Minnesota Statutes 2024, section 103G.615, subdivision 1, is amended to read:

Subdivision 1.

Issuance; validity.

(a) The commissioner may issue a state general permit
to a governmental subdivision or to the general public to conduct one or more projects
described in this subdivision. The commissioner may issue permits, with or without a fee,
to:

(1) gather or harvest aquatic plants, or plant parts, other than wild rice from public waters;

(2) transplant aquatic plants into public waters;

(3) destroy harmful or undesirable aquatic vegetation or organisms in public waters
under prescribed conditions to protect the waters, desirable species of fish, vegetation, other
forms of aquatic life, and the public.

(b) Application for a permit and a notification to request authorization to conduct a
project under a general permit must be accompanied by a fee, if required.

(c) An aquatic plant management permit is valid for one growing season and expires on
December 31 of the year it is issued unless the commissioner stipulates a different expiration
date in rule or in the permit.

(d) A general permit may authorize a project for more than one growing season.

new text begin (e) To receive a commercial mechanical control permit under this section, the applicant
must inform the commissioner whether scuba diving equipment will be used during any
activity authorized by the permit. If the applicant indicates that scuba diving equipment will
be used:
new text end

new text begin (1) the commissioner must provide the applicant with the information sheet required
under section 182.679, subdivision 8; and
new text end

new text begin (2) the applicant must provide documentation to the commissioner verifying that a
third-party on-site hazard survey was completed in the last year by a qualified safety
professional who observed the applicant's work using scuba diving equipment. The
documentation must include a written report of the findings and recommendations to reduce
the risk of injury or illness to employees that are scuba diving. The written report must
include an evaluation of specific safety practices, equipment, and training. A qualified safety
professional includes:
new text end

new text begin (i) a Department of Labor and Industry workplace safety and health consultant;
new text end

new text begin (ii) a workers' compensation loss-control representative, with approval from an insurance
underwriter; or
new text end

new text begin (iii) a private safety consultant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2025.
new text end

Sec. 2.

Minnesota Statutes 2024, section 103G.615, subdivision 3, is amended to read:

Subd. 3.

Permit standards.

new text begin (a) new text end The commissioner shall, by rule, prescribe standards to
issue and deny permits under this section. The standards must ensure that aquatic plant
control is consistent with shoreland conservation ordinances, lake management plans and
programs, and wild and scenic river plans.

new text begin (b) The commissioner may not issue or renew a commercial mechanical control permit
under this section to a person if scuba diving equipment will be used during any activity
authorized by the permit, and the person:
new text end

new text begin (1) has received a citation for one or more willful violations of an occupational safety
and health standard adopted under chapter 182 involving scuba diving during the previous
two years; or
new text end

new text begin (2) has contested a citation for one or more willful violations of an occupational safety
and health standard adopted under chapter 182 involving scuba diving during the pendency
of a contested case.
new text end

new text begin (c) The commissioner may not issue or renew a commercial mechanical control permit
under this section authorizing an activity where scuba diving equipment will be used to a
successor person. "Successor person" means a person that shares three or more of the
following with the person who received or contested a violation under paragraph (b):
new text end

new text begin (1) has one or more of the same owners, members, principals, officers, or managers;
new text end

new text begin (2) performs similar work within the state of Minnesota;
new text end

new text begin (3) has one or more of the same telephone or fax numbers;
new text end

new text begin (4) has one or more of the same email addresses or websites;
new text end

new text begin (5) employs or engages substantially the same individuals to provide or perform services;
new text end

new text begin (6) uses substantially the same vehicles, facilities, or equipment; or
new text end

new text begin (7) lists or advertises substantially the same project experience and portfolio of work.
new text end

new text begin (d) If a commercial mechanical control permit holder is found to have used scuba gear
in violation of subdivision 1, the commissioner may revoke the permit.
new text end

new text begin (e) The commissioner of labor and industry must provide the commissioner of natural
resources with timely information necessary to implement this subdivision, subject to section
182.66, subdivision 4.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2025.
new text end

Sec. 3.

new text begin [182.679] COMMERCIAL DIVING OPERATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin (a) This section applies to persons who are conducting
self-contained underwater breathing apparatus (scuba) diving at a place of employment
while making improvements to land, including the removal of aquatic plants.
new text end

new text begin (b) Issuing a permit under section 103G.615 alone does not make the commissioner of
natural resources an employer of the permit holder or the permit holder's employees.
new text end

new text begin Subd. 2. new text end

new text begin Certification required for commercial diving operations. new text end

new text begin No employer may
permit an individual subject to this section to conduct scuba diving unless the individual
has a valid open-water scuba diver certificate or more advanced certificate received from
a nationally recognized and accredited certification program or agency.
new text end

new text begin Subd. 3. new text end

new text begin Equipment requirements. new text end

new text begin An employer must require the use of the following
equipment when an individual subject to this section is scuba diving:
new text end

new text begin (1) a buoyancy-control device;
new text end

new text begin (2) a mask;
new text end

new text begin (3) a compressed-gas cylinder and valve;
new text end

new text begin (4) a primary regulator;
new text end

new text begin (5) a breathing-gas monitoring device;
new text end

new text begin (6) a quick-release weight system and weights;
new text end

new text begin (7) at least one audible emergency surface-signaling device; and
new text end

new text begin (8) an illuminated dive beacon.
new text end

new text begin Subd. 4. new text end

new text begin Equipment requests. new text end

new text begin An employer must provide the use of the following
equipment when a diver requests it:
new text end

new text begin (1) a depth-monitoring device;
new text end

new text begin (2) fins and snorkel;
new text end

new text begin (3) alternate air source;
new text end

new text begin (4) adequate exposure protection appropriate for local dive conditions; and
new text end

new text begin (5) a dive computer or recreational dive planner (RDP).
new text end

new text begin Subd. 5. new text end

new text begin Standby diver required. new text end

new text begin An employer must ensure that a standby diver is
available while a diver is in the water.
new text end

new text begin Subd. 6. new text end

new text begin First aid and CPR training required. new text end

new text begin An employer must require all individuals
subject to this section conducting scuba diving or serving as a standby diver under subdivision
5 to be trained in cardiopulmonary resuscitation (CPR) and first aid, the American Red
Cross standard course or equivalent.
new text end

new text begin Subd. 7. new text end

new text begin Penalties. new text end

new text begin An employer may be cited by the commissioner for violations of
subdivisions 2 to 6. Citations are punishable under section 182.666.
new text end

new text begin Subd. 8. new text end

new text begin Information for employers. new text end

new text begin The commissioner must develop an information
sheet for employers who have or intend to have one or more employees use scuba diving
equipment in the workplace. The information sheet must explain the requirements of this
section and include any applicable federal requirements for employers. The commissioner
must post the information sheet on the department's website. The commissioner must also
deliver the information sheet to the commissioner of natural resources to provide to
businesses according to section 103G.615, subdivision 1, paragraph (e).
new text end

new text begin Subd. 9. new text end

new text begin Citation. new text end

new text begin This section is the "Brady Aune and Joseph Anderson Safety Act."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end