SF 442

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to occupational safety and health; clarifying 
  1.3             that certain penalty provisions do not apply to 
  1.4             certain business owners; amending Minnesota Statutes 
  1.5             2002, section 182.666, subdivision 2a. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 182.666, 
  1.8   subdivision 2a, is amended to read: 
  1.9      Subd. 2a.  Notwithstanding any other provision of this 
  1.10  section, if any (1) serious, willful, or repeated violation 
  1.11  other than a violation of section 182.653, subdivision 2; or (2) 
  1.12  any failure to correct a violation pursuant to subdivision 4 
  1.13  causes or contributes to the death of an employee, the minimum 
  1.14  total nonnegotiable fine which shall be assessed for all 
  1.15  citations connected to the death of an employee is $50,000 if 
  1.16  there is a willful or repeated violation or $25,000 if there is 
  1.17  no willful or repeated violation.  If the business or enterprise 
  1.18  employs fewer than 50 employees, this subdivision does not apply 
  1.19  to the death of an employee who owns a controlling interest in 
  1.20  the business or enterprise, except if the commissioner 
  1.21  determines that a fine shall be assessed.