SF 1330

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; modifying definitions and 
  1.3             procedures; changing requirements relating to fines; 
  1.4             permitting inmate and parolee complaints concerning 
  1.5             occupational safety and health; modifying safety 
  1.6             program requirements; providing the penalty of gross 
  1.7             misdemeanor for the assault of an occupational safety 
  1.8             and health investigator; amending Minnesota Statutes 
  1.9             1994, sections 182.651, subdivisions 7 and 9; 182.653, 
  1.10            subdivision 8; 182.66, subdivision 1; 182.666, 
  1.11            subdivision 7; and 609.2231, subdivision 6; proposing 
  1.12            coding for new law in Minnesota Statutes, chapter 182. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1994, section 182.651, 
  1.15  subdivision 7, is amended to read: 
  1.16     Subd. 7.  "Employer" means a person who employs one or more 
  1.17  employees and includes any person who has the power to hire, 
  1.18  fire, or transfer, or who acts in the interest of, or as a 
  1.19  representative of, an employer and includes a corporation, 
  1.20  partnership, association, group of persons, and the state and 
  1.21  all of its political subdivisions.  The commissioner shall apply 
  1.22  a multifactor analysis when determining whether an employment 
  1.23  relationship has been established.  The factors to be considered 
  1.24  by the commissioner include, but are not limited to, the 
  1.25  following factors:  
  1.26     (1)  Does the alleged employer control the means and manner 
  1.27  of the performance of the work?  
  1.28     (2)  Does the alleged employer have the power to hire, 
  1.29  fire, or modify the employment conditions of the worker?  
  2.1      (3)  Does the alleged employer furnish to the worker 
  2.2   materials and tools necessary to perform the work?  
  2.3      (4)  Does the alleged employer pay the workers' wages or 
  2.4   otherwise compensate the worker? 
  2.5      (5)  How are the worker's wages or other compensation 
  2.6   established?  
  2.7      (6)  Does the worker's ability to increase income depend on 
  2.8   efficiency rather than initiative, judgment, and foresight?  
  2.9      (7)  Does the worker identify the alleged employer as the 
  2.10  employer?  
  2.11     The commissioner shall give factor (1) the greatest weight. 
  2.12     Sec. 2.  Minnesota Statutes 1994, section 182.651, 
  2.13  subdivision 9, is amended to read: 
  2.14     Subd. 9.  "Employee" means any person suffered or permitted 
  2.15  to work employed by an employer, including any person acting 
  2.16  directly or indirectly in the interest of or as a representative 
  2.17  of, an employer, and shall include state, county, town, city, 
  2.18  school district, or governmental subdivision.  Employee does not 
  2.19  include an inmate or parolee who works for the state or its 
  2.20  political subdivisions or who works for an industrial or 
  2.21  commercial activity operated by the state or its political 
  2.22  subdivisions.  Employee does not include a person who is a 
  2.23  voluntary uncompensated worker.  For purposes of this 
  2.24  subdivision, "compensate" means cash, barter, or in-kind payment 
  2.25  which is not necessary for the performance of the work.  
  2.26     Sec. 3.  Minnesota Statutes 1994, section 182.653, 
  2.27  subdivision 8, is amended to read: 
  2.28     Subd. 8.  [WORK PLACE ACCIDENT AND INJURY PROGRAMS.] An 
  2.29  employer covered by this section Employers must establish 
  2.30  develop and implement a written work place accident and injury 
  2.31  reduction program that addresses the hazards of the employer's 
  2.32  work place, promotes safe and healthful working conditions and 
  2.33  is based on clearly stated goals and objectives for meeting 
  2.34  those goals.  The program must describe: 
  2.35     (1) how managers, supervisors, and employees are 
  2.36  responsible for implementing the program and how continued 
  3.1   participation of management will be established, measured, and 
  3.2   maintained; 
  3.3      (2) the methods used to identify, analyze, and control new 
  3.4   or existing hazards, conditions, and operations; 
  3.5      (3) how the plan will be communicated to all affected 
  3.6   employees so that they are informed of work-related hazards and 
  3.7   controls; 
  3.8      (4) how work place accidents will be investigated and 
  3.9   corrective action implemented; and 
  3.10     (5) how safe work practices and rules will be enforced; and 
  3.11     (6) how a new hazard which is discovered or introduced will 
  3.12  be addressed. 
  3.13     An employer must conduct and document a review of the work 
  3.14  place accident and injury reduction program at least annually 
  3.15  and document how procedures set forth in the program are met. 
  3.16     Sec. 4.  Minnesota Statutes 1994, section 182.66, 
  3.17  subdivision 1, is amended to read: 
  3.18     Subdivision 1.  After an inspection or investigation, if 
  3.19  the commissioner believes that an employer has violated a 
  3.20  requirement of section 182.653, or any standard, rule or order 
  3.21  adopted pursuant to this chapter, the commissioner shall, with 
  3.22  reasonable promptness and in no event later than six months 
  3.23  following the inspection last day of the closing conference, 
  3.24  issue a written citation to the employer by certified mail.  For 
  3.25  purposes of this subdivision, "closing conference" means the 
  3.26  conference with the employer described in Minnesota Rules, part 
  3.27  5210.0470, subpart 5.  The citation shall describe with 
  3.28  particularity the nature of the violation, including a reference 
  3.29  to the provision of the act, standard, rule or order alleged to 
  3.30  have been violated.  In addition, the citation shall fix a 
  3.31  reasonable time for the abatement of the violation.  A citation 
  3.32  shall be considered issued when mailed or otherwise personally 
  3.33  delivered to the employer. 
  3.34     Sec. 5.  Minnesota Statutes 1994, section 182.666, 
  3.35  subdivision 7, is amended to read: 
  3.36     Subd. 7.  (a) Fines imposed under this chapter shall be 
  4.1   paid to the commissioner for deposit in the special compensation 
  4.2   fund and may be recovered in a civil action in the name of the 
  4.3   department brought in the district court of the county where the 
  4.4   violation is alleged to have occurred or the district court 
  4.5   where the commissioner has an office.  Unpaid fines are subject 
  4.6   to late payment penalty amounts and interest if not paid when 
  4.7   due.  Unpaid fines shall be increased to 125 by a penalty amount 
  4.8   of 25 percent of the original assessed amount if not paid within 
  4.9   60 days after the fine becomes a final order.  After that 60 
  4.10  days, unpaid fines shall accrue an additional penalty of ten 
  4.11  percent per month compounded monthly until the fine is paid in 
  4.12  full for an additional ten months or until the fine has been 
  4.13  paid in full, whichever occurs first. 
  4.14     (b) If any fine payable to the commissioner or the 
  4.15  department of labor and industry pursuant to this chapter is not 
  4.16  paid within the time specified by law for payment, the unpaid 
  4.17  fine shall bear interest beginning August 1, 1995, at the rate 
  4.18  of nine percent per annum from the date the fine should have 
  4.19  been paid until the date the fine is paid.  The rate of interest 
  4.20  contained in this subdivision shall be adjusted by the 
  4.21  commissioner not later than October 15, 1995, and any year 
  4.22  thereafter if the adjusted prime rate charged by banks during 
  4.23  the six-month period ending September 30 of that year, rounded 
  4.24  to the nearest full percent, is at least a full percentage point 
  4.25  more or less than the interest rate which is then in effect.  
  4.26  The adjusted rate of interest shall be equal to three percentage 
  4.27  points above the adjusted prime interest rate charged by banks, 
  4.28  rounded to the nearest full percent, and shall become effective 
  4.29  on January 1 of the immediately succeeding year.  For purposes 
  4.30  of this subdivision, the term "adjusted prime rate charged by 
  4.31  banks" means the average predominant prime rate quoted by 
  4.32  commercial banks to large businesses, as determined by the board 
  4.33  of governors of the Federal Reserve System.  The determination 
  4.34  of the interest rate by the commissioner pursuant to this 
  4.35  subdivision shall not be considered a "rule" and shall not be 
  4.36  subject to the administrative procedure act contained in chapter 
  5.1   14.  
  5.2      (c) A fine must be paid by 30 days after the date the 
  5.3   penalty becomes a final order of the commissioner unless review 
  5.4   of the final order is requested under sections 182.664, 
  5.5   subdivision 5, and 182.665.  If review is not requested or the 
  5.6   order is reviewed and upheld, the amount due is the penalty. 
  5.7      (d) The commissioner may proceed on behalf of the state to 
  5.8   enforce fines, late penalties, and interest that are due and 
  5.9   payable under this section in any manner provided by law for the 
  5.10  collection of debts. 
  5.11     (e) If a person fails to pay a penalty, the commissioner on 
  5.12  behalf of the state may bring a civil action in the district 
  5.13  court where the violation is alleged to have occurred or the 
  5.14  district court where the commissioner has an office, seeking 
  5.15  payment of penalties, injunctive or other appropriate relief 
  5.16  including monetary damages, attorney fees, costs, and interest. 
  5.17     (f) The commissioner may petition the district court to 
  5.18  file the administrative order as an order of the court.  At the 
  5.19  court hearing, the only issues parties may contest are 
  5.20  procedural and notice issues and the calculation of late payment 
  5.21  penalty amounts and interest.  Once entered, the administrative 
  5.22  order may be enforced in the same manner as a final judgment of 
  5.23  the district court. 
  5.24     Sec. 6.  [182.678] [INMATES.] 
  5.25     Notwithstanding section 182.651, subdivision 9, the state 
  5.26  and its political subdivisions must comply with the requirements 
  5.27  of this chapter.  The commissioner may consider the exposure of 
  5.28  inmates and parolees to safety and health hazards when issuing 
  5.29  citations to the state and its political subdivisions.  An 
  5.30  inmate or parolee may file a written complaint with the 
  5.31  commissioner regarding alleged violations of this chapter.  If 
  5.32  the inmate or parolee complaint describes a violation, the 
  5.33  commissioner shall notify in writing the state or political 
  5.34  subdivision of the alleged safety and health hazard.  The state 
  5.35  or political subdivision shall provide the commissioner with a 
  5.36  written response to the complaint within 30 days of its receipt 
  6.1   of the commissioner's written notification.  
  6.2      The commissioner may conduct an occupational safety and 
  6.3   health inspection of the state's or political subdivision's 
  6.4   place of employment based upon the inmate or parolee complaint, 
  6.5   upon the written response of the state or political subdivision, 
  6.6   or the state's or political subdivision's failure to respond to 
  6.7   the written notification of the inmate or parolee complaint.  
  6.8   The inspection may be limited to the hazards alleged in the 
  6.9   complaint or may include the entire workplace. 
  6.10     Sec. 7.  Minnesota Statutes 1994, section 609.2231, 
  6.11  subdivision 6, is amended to read: 
  6.12     Subd. 6.  [PUBLIC EMPLOYEES WITH MANDATED DUTIES.] A person 
  6.13  is guilty of a gross misdemeanor who: 
  6.14     (1) assaults an agricultural inspector, occupational safety 
  6.15  and health investigator, child protection worker, public health 
  6.16  nurse, or probation or parole officer while the employee is 
  6.17  engaged in the performance of a duty mandated by law, court 
  6.18  order, or ordinance; 
  6.19     (2) knows that the victim is a public employee engaged in 
  6.20  the performance of the official public duties of the office; and 
  6.21     (3) inflicts demonstrable bodily harm.