as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to employment; establishing an obligation by 1.3 certain employees to communicate certain threats; 1.4 amending Minnesota Statutes 1994, section 268A.05, 1.5 subdivision 1, and by adding a subdivision. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 1994, section 268A.05, 1.8 subdivision 1, is amended to read: 1.9 Subdivision 1. [PUBLIC RECORDS; ACCESS.] The employees of 1.10 the department specifically authorized by the commissioner shall 1.11 have the right to receive from any public records the names, 1.12 addresses and information pertinent to their vocational 1.13 rehabilitation of persons injured or otherwise disabled.Except1.14as provided in subdivision 2,No information obtained from these 1.15 reports, nor any copy of the same, nor any of the contents 1.16 thereof, nor other confidential information as defined by the 1.17 commissioner shall be open to the public, nor shall be disclosed 1.18 in any manner by any official or clerk or other employee of the 1.19 state having access thereto, butthe samemay be used, except as1.20provided in subdivision 2,solely to enable the department to 1.21 offer the benefits of vocational rehabilitation to the persons 1.22 injured or otherwise disabled. 1.23 Sec. 2. Minnesota Statutes 1994, section 268A.05, is 1.24 amended by adding a subdivision to read: 1.25 Subd. 3. [THREATS; OBLIGATION TO COMMUNICATE.] When an 2.1 employee of the department has specific knowledge of a serious, 2.2 specific threat of physical violence against a specific, clearly 2.3 identified potential victim, by a vocational rehabilitation 2.4 client, the employee shall make reasonable efforts to 2.5 communicate the serious, specific threat to the potential victim 2.6 and if unable to make contact with the potential victim, 2.7 communicate the serious, specific threat to the law enforcement 2.8 agency closest to the potential victim or the vocational 2.9 rehabilitation client. No monetary liability and no cause of 2.10 action or disciplinary action may arise against an employee for 2.11 disclosing a confidence to a third party in a good-faith effort 2.12 to warn against or take precautions against a client's violent 2.13 behavior. The obligation to make reasonable efforts to 2.14 communicate a serious specific threat of physical violence 2.15 arises only under the circumstances specified in this 2.16 subdivision. The obligation is satisfied by the employee if 2.17 reasonable efforts are made to communicate the threat to the 2.18 potential victim or the law enforcement agency.