HF 1702

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to railroads; prohibiting railroad company
from obstructing treatment of railroad worker injured
on the job or from disciplining or threatening to
discipline injured railroad employee for requesting
treatment or first aid; proposing coding for new law
in Minnesota Statutes, chapter 219.

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

Section 1.

new text begin [219.552] OBSTRUCTING TREATMENT OF INJURED
WORKER.
new text end

new text begin It is unlawful for a railroad company or person employed by
a railroad company to:
new text end

new text begin (1) deny, delay, or interfere with medical treatment or
first aid treatment to an employee of a railroad who has been
injured during employment; or
new text end

new text begin (2) discipline or threaten to discipline an employee who
has been injured during employment for requesting medical
treatment or first aid treatment.
new text end

Sec. 2.

new text begin [219.553] ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Penalty. new text end

new text begin A person who believes that the
person has been affected by a violation of section 1 may file a
complaint with the commissioner of labor and industry who shall
refer it to the Office of Administrative Hearings for
consideration as a contested case. Upon finding a violation,
the administrative law judge may assess a penalty to the
violating railroad company of up to $10,000 for a violation of
section 219.552. In determining the amount of the penalty, the
administrative law judge shall consider those factors that must
be considered in determining a monetary penalty under section
221.036, subdivision 3. The contents of the order must include
the provisions specified in section 221.036, subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Administrative hearing or judicial review. new text end

new text begin A
railroad company against which a penalty is imposed under
subdivision 1 may request judicial review in district court.
Judicial review under this subdivision is as provided in section
221.036, subdivision 8.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement of penalty. new text end

new text begin A penalty ordered under
subdivision 1 and due and payable under this section may be
enforced by the attorney general in the manner provided under
section 221.036, subdivision 11.
new text end