SF 634

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2022 08:36am

A bill for an act
relating to labor and industry; requiring outside contractors to have
apprenticeship-level training to perform work at high-hazard facilities; proposing
coding for new law in Minnesota Statutes, chapter 182.

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

Section 1.

new text begin [182.6523] USE OF OUTSIDE CONTRACTORS AT HIGH-HAZARD
FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end new text begin new text end

new text begin (b) "Apprenticeship program" means a program registered under chapter 178 that includes
standards containing all terms and conditions for the qualification, recruitment, selection,
employment, and training of apprentices, as required under Code of Federal Regulations,
title 29, parts 29 and 30, in an occupation recognized as an apprenticeable trade and having
a written apprenticeship agreement.
new text end

new text begin (c) "High-hazard facility" means a building or structure classified as a Group H occupancy
by the International Building Code that is used for the manufacturing, processing, generation,
or storage of materials in quantities that constitute a high physical or health hazard.
new text end

new text begin (d) "Outside contractor" means a vendor that seeks to enter into a contract with an owner
or operator of a high-hazard facility to perform construction, alteration, demolition,
installation, repair, or maintenance work at the facility. Outside contractor includes any
subcontractor of the outside contractor performing work as described in this paragraph at
the facility.
new text end

new text begin Subd. 2. new text end

new text begin Use of outside contractor by owner, operator; requirement. new text end

new text begin (a) An owner
or operator of a high-hazard facility shall, when contracting with outside contractors for the
performance of construction, alteration, demolition, installation, repair, or maintenance
work at the facility, require that the contractors performing the work, and any subcontractors
of the contractors, only use employees of the outside contractor that have at least the
equivalent skills and training required by an apprenticeship program in the applicable
occupation to perform all on-site work at the facility.
new text end

new text begin (b) The requirement under this subdivision applies only to the on-site employees of each
outside contractor and subcontractor performing work at the high-hazard facility.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin An employer, outside contractor, or subcontractor may be cited by
the commissioner for a violation of the requirements in this section. A citation is punishable
as a serious violation under section 182.666.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 15, 2021.
new text end