SF 67

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to occupational safety and health; permitting 
  1.3             injured employees a civil remedy if an employer 
  1.4             willfully or repeatedly violated safety laws; amending 
  1.5             Minnesota Statutes 2000, section 182.666, subdivision 
  1.6             1. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 182.666, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  Any employer who willfully or repeatedly 
  1.11  violates the requirements of section 182.653, or any standard, 
  1.12  rule, or order adopted under the authority of the commissioner 
  1.13  as provided in this chapter, may be assessed a fine not to 
  1.14  exceed $70,000 for each violation.  The minimum fine for a 
  1.15  willful violation is $5,000.  Notwithstanding section 182.671, 
  1.16  the employer shall be liable for damages to a seriously injured 
  1.17  employee, or the employee's legal representative, if the 
  1.18  violation was a substantial contributing cause of the serious 
  1.19  injury and the violation was not caused by the employee.  For 
  1.20  purposes of this subdivision, "serious injury" means an injury 
  1.21  that causes:  (1) more than $100,000 in medical expenses for its 
  1.22  cure and relief; and (2) at least 52 weeks of lost work time.  
  1.23  In addition, notwithstanding section 182.671, the employer shall 
  1.24  be liable for damages to a deceased employee's heirs or next of 
  1.25  kin, if the violation was a substantial contributing cause of 
  1.26  the employee's death and the violation was not caused by the 
  2.1   employee.