SF 1429

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; providing 
  1.3             an increase in penalties for certain serious 
  1.4             violations; modifying safety committee requirements; 
  1.5             amending Minnesota Statutes 2000, sections 182.666, 
  1.6             subdivision 2; 182.676. 
  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 2, is amended to read: 
  1.10     Subd. 2.  Any employer who has received a citation for a 
  1.11  serious violation of its duties under section 182.653, or any 
  1.12  standard, rule, or order adopted under the authority of the 
  1.13  commissioner as provided in this chapter, shall be assessed a 
  1.14  fine not to exceed $7,000 for each violation.  If a serious 
  1.15  violation under section 182.653, subdivision 2, causes or 
  1.16  contributes to the death of an employee, the employer shall be 
  1.17  assessed a fine of up to $25,000. 
  1.18     Sec. 2.  Minnesota Statutes 2000, section 182.676, is 
  1.19  amended to read: 
  1.20     182.676 [SAFETY COMMITTEES.] 
  1.21     Every public or private employer of more than 25 employees 
  1.22  shall establish and administer a joint labor-management safety 
  1.23  committee.  
  1.24     Every public or private employer of 25 or fewer employees 
  1.25  shall establish and administer a safety committee if: 
  1.26     (1) the employer has a lost workday cases incidence rate in 
  2.1   the top ten percent of all rates for employers in the same 
  2.2   industry; or 
  2.3      (2) the workers' compensation premium classification 
  2.4   assigned to the greatest portion of the payroll for the employer 
  2.5   has a pure premium rate as reported by the workers' compensation 
  2.6   rating association in the top 25 percent of premium rates for 
  2.7   all classes.  
  2.8      Every public or private employer of 10 to 25 employees 
  2.9   shall establish and administer a safety committee if the 
  2.10  employer is in a standard industrial classification required to 
  2.11  comply with section 182.653, subdivision 8. 
  2.12     A safety committee must hold regularly scheduled meetings 
  2.13  unless otherwise provided in a collective bargaining agreement. 
  2.14     Employee safety committee members must be selected by 
  2.15  employees.  An employer that fails to establish or administer a 
  2.16  safety committee as required by this section may be cited by the 
  2.17  commissioner.  A citation is punishable as a serious violation 
  2.18  under section 182.666. 
  2.19     The commissioner may adopt rules necessary to implement 
  2.20  this section.