SF 1664

as introduced - 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             data practices provisions for occupational safety and 
  1.4             health investigations; amending Minnesota Statutes 
  1.5             2000, section 182.659, subdivision 8. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 182.659, 
  1.8   subdivision 8, is amended to read: 
  1.9      Subd. 8.  Neither the commissioner nor any employee of the 
  1.10  department, including those employees of the department of 
  1.11  health providing services to the department of labor and 
  1.12  industry, pursuant to section 182.67, subdivision 1, is subject 
  1.13  to subpoena for purposes of inquiry into any occupational safety 
  1.14  and health inspection except in enforcement proceedings brought 
  1.15  under this chapter.  All written information, documentation and 
  1.16  reports gathered or prepared by the department pursuant to an 
  1.17  occupational safety and health inspection are public information 
  1.18  once the departmental inspection file is closed.  Data 
  1.19  collected, created, or received by the department which is part 
  1.20  of an inactive investigation conducted pursuant to this chapter 
  1.21  shall be treated in accordance with section 13.39, subdivision 
  1.22  3, except data that identifies individuals who provide data in 
  1.23  confidence to the department as part of an investigation 
  1.24  conducted under this chapter shall be private.  For purposes of 
  1.25  this subdivision, "in confidence" means the department 
  2.1   reasonably believes that the individual who provided the data to 
  2.2   the department expected that the individual's identity would 
  2.3   remain private and that the individual would not have provided 
  2.4   the data to the department but for that expectation.