HF 1838

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; regulating certain pesticide applications; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 18B.

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

Section 1.

new text begin [18B.40] EMPLOYEE INFORMATION.
new text end

new text begin Subdivision 1. new text end

new text begin Notice. new text end

new text begin A railroad company commercially applying pesticide to its
track or right-of-way must give at least 48 hours advance written notice of the pesticide
application to all employees who could reasonably be required to work in the area
to which pesticide is to be applied. This notice must specify the location, date, and
estimated time when pesticide application is anticipated to occur. The notice must also
specify the active ingredients of the pesticides anticipated to be applied and specify in
terms comprehensible to a layman the potential short-term and long-term effects of these
active ingredients on humans. The notice must specify the scientifically determined or
the pesticide manufacturer's recommended time period after pesticide application until
humans can safely occupy and work in an area in which pesticide application has occurred.
new text end

new text begin Subd. 2. new text end

new text begin Working in pesticide area. new text end

new text begin A railroad company may not require an
employee or an employee of a contractor or subcontractor, other than the pesticide
applicator, to work in an area in which pesticide application has occurred until the time
period specified in subdivision 1 for safe return to the area has elapsed. The railroad
company must furnish personal protective equipment sufficient to preserve the employee's
health to each of its employees and to each employee of each of its contractors or
subcontractors working in an area where pesticide has recently been applied.
new text end

new text begin Subd. 3. new text end

new text begin Use of equipment. new text end

new text begin No employee may be required to handle or operate any
track appurtenance, track switch, track derail appliance, rolling stock, safety appliances,
locomotive equipment, or track repair machinery known to have been sprayed with
pesticide or other retardant chemical until the track structure or moveable equipment has
been thoroughly spray washed with clean water from an inspected well or public source of
water. Rain or snowfall must not be considered a qualified spray washing.
new text end

new text begin Subd. 4. new text end

new text begin Health hazard. new text end

new text begin No employee may be required to work in or occupy an
area where pesticide has recently been applied if that employee reasonably believes that
action to be hazardous to the employee's health.
new text end

Sec. 2.

new text begin [18B.41] PESTICIDE APPLICATION LIMITATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Occupied equipment. new text end

new text begin No railroad may apply pesticide in a manner
so as to adversely affect occupants of adjoining locomotives, track repair equipment,
off-track vehicles, mobile camp cars, or stationary buildings.
new text end

new text begin Subd. 2. new text end

new text begin Bridges and waterways. new text end

new text begin No railroad may apply pesticide to the decks of
bridges, to the surface of rivers or lakes crossed by that railroad's tracks, or to any area
marked and designated as a pesticide-free zone.
new text end

Sec. 3.

new text begin [18B.42] ENFORCEMENT.
new text end

new text begin The commissioner of agriculture must investigate complaints of violation of section
18B.40 or 18B.41. If a violation is found, the commissioner must order correction of
the violation. The commissioner may use normal administrative procedures to enforce
that order.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2008 is appropriated from the general fund to the commissioner
of agriculture for administration of Minnesota Statutes, sections 18B.40 to 18B.42.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective the day following final enactment.
new text end