as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2020 08:38am
A bill for an act
relating to occupational safety and health; establishing a language requirement;
authorizing expedited rulemaking; adding penalties for certain violations; amending
Minnesota Statutes 2018, sections 182.651, subdivision 12, by adding a subdivision;
182.653, subdivision 4b; 182.666, subdivision 2a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2018, section 182.651, subdivision 12, is amended to read:
"Serious violation" means a violation of any standard, rule,
or order other than a de minimis violation which is the proximate cause of the death of new text beginnew text endan employeenew text beginnew text end. It also means a violation of
any standard, rule, or order which creates a substantial probability that death or serious
physical harm could result from a condition which exists, or from one or more practices,
means, methods, operations, or processes which have been adopted or are in use, in such a
place of employment, unless the employer did not, and could not with the exercise of
reasonable diligence, know of the presence of the violation.
Minnesota Statutes 2018, section 182.651, is amended by adding a subdivision to
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Minnesota Statutes 2018, section 182.653, subdivision 4b, is amended to read:
(a) Prior to an employee's initial assignment
to a workplace where the employee may be routinely exposed to a hazardous substance or
harmful physical agent, the employer shall provide training concerning the hazardous
substance or harmful physical agent. The employer shall provide additional instruction
whenever the employee may be routinely exposed to any additional hazardous substance
or harmful physical agent. The term "routinely exposed" includes the exposure of an
employee to a hazardous substance when assigned to work in an area where a hazardous
substance has been spilled.
(b) For each hazardous substance to which the employee may be routinely exposed, the
employer's training program shall include:
(1) the name or names of the substance including any generic or chemical name, trade
name, and commonly used name;
(2) the level, if any and if known, at which exposure to the substance has been restricted
according to standards adopted by the commissioner, or, if no standard has been adopted,
according to guidelines established by competent professional groups including but not
limited to the American Industrial Hygiene Association, the American Conference of
Governmental Industrial Hygienists, the Center for Disease Control, the Bureau of
Radiological Health, and the American National Standards Institute;
(3) the primary routes of entry and the known acute and chronic effects of exposure at
(4) the known symptoms of the effects;
(5) any potential for flammability, explosion, or reactivity of the substance;
(6) appropriate emergency treatment;
(7) the known proper conditions for safe use of and exposure to the substance;
(8) procedures for cleanup of leaks and spills;
(9) the name, phone number and address of the manufacturer of the hazardous substance;
(10) a written copy of all of the above information which shall be readily accessible in
the area or areas in which the hazardous substance is used or handled.
(c) Employees who have been routinely exposed to a hazardous substance prior to the
effective date of Laws 1983, chapter 316, and who continue to be routinely exposed to that
hazardous substance after the effective date of Laws 1983, chapter 316, shall be trained
with respect to that hazardous substance within six months of the effective date of Laws
1983, chapter 316.
(d) Training to update the information required to be provided under this subdivision
shall be repeated at intervals no greater than one year.
(e) Every employer shall maintain current information for training under this subdivision
or for information requests by employees under section 182.654, subdivision 10.
(f) This subdivision does not apply to any employer engaged in a farming operation.
(g) This subdivision does not apply to any nonpublic school or any school district before
January 1, 1985.
(h) Any technically qualified individual shall be notified of and may elect to participate
in any training or update programs required to be provided under this subdivision to
employees who are not technically qualified individuals. The employer shall make a
reasonable attempt to allow technically qualified individuals to attend training or update
programs which may be held during the employee's scheduled work hours.
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Minnesota Statutes 2018, section 182.666, subdivision 2a, is amended to read:
(a) Notwithstanding any other provision of this section, if any
(1) serious, willful, or repeated violation other than a violation of section 182.653, subdivision
2; or (2) failure to correct a violation pursuant to subdivision 4 causes or contributes to the
death of new text beginnew text endan employeenew text beginnew text end, the minimum
total nonnegotiable fine which shall be assessed for all citations connected to the death of
an employee new text beginnew text endis $50,000 if there is a willful or repeated violation or
$25,000 if there is no willful or repeated violation, except as provided in paragraph (b)new text beginnew text end.
(b) If there is no willful or repeated violation and the employer has fewer than 50
employees, the employer shall be assessed an initial fine of $5,000 and an additional fine
of $5,000 for each of the following four yearsnew text beginnew text end. The commissioner may
elect to waive the $5,000 new text beginnew text endfine for any of the following four years if the employer
received no citations in the preceding calendar year.
(c) If the business or enterprise employs fewer than 50 employees, this subdivision does
not apply to the death of new text beginnew text endan employee new text beginnew text endwho owns a controlling interest in the business or enterprise, except if the
commissioner determines that a fine shall be assessed.
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