HF 2616

as introduced - 87th Legislature (2011 - 2012) Posted on 02/29/2012 01:42pm

A bill for an act
relating to occupational safety and health; permitting injured employees a civil
remedy if an employer willfully or repeatedly violated safety laws; amending
Minnesota Statutes 2010, section 182.666, subdivision 1.

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

Section 1.

Minnesota Statutes 2010, 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 182.653, 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. new text begin In addition, notwithstanding section 182.671 or any other law to the
contrary, the employer shall be liable for damages to a seriously injured employee or legal
representative or, if death results from the injury, the employee's heirs or next of kin where
the violation was a major contributing cause of the injury or death. A recovery under this
subdivision must be reduced by any benefits paid or payable under chapter 176. For
purposes of this subdivision, "serious injury" means an injury that causes: new text end

new text begin (1) more than $200,000 in medical expenses for its cure and relief; or
new text end

new text begin (2) at least 52 weeks of lost work time.
new text end