SF 3520

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:

Section 1.

Minnesota Statutes 2018, section 182.651, subdivision 12, is amended to read:

Subd. 12.

Serious violation.

"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 begin or
serious physical harm to new text end an employee new text begin or a household member new 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.

Sec. 2.

Minnesota Statutes 2018, section 182.651, is amended by adding a subdivision to
read:

new text begin Subd. 24. new text end

new text begin Household member. new text end

new text begin "Household member" means a person who presently
resides with or previously resided with an employee.
new text end

Sec. 3.

Minnesota Statutes 2018, section 182.653, subdivision 4b, is amended to read:

Subd. 4b.

Hazardous substance training.

(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
hazardous levels;

(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;
and

(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.

new text begin (i) Training for employees who may be routinely exposed to a hazardous substance must
be provided in a language of the employee's choice that the employee understands.
new text end

Sec. 4.

Minnesota Statutes 2018, section 182.666, subdivision 2a, is amended to read:

Subd. 2a.

Citations connected to the death of new text begin or serious physical harm to new text end an employee new text begin
or a household member new text end .

(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 begin or serious physical harm to new text end an employee new text begin or a household member new text end , the minimum
total nonnegotiable fine which shall be assessed for all citations connected to the death of
an employee new text begin or a household member new text end is $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 begin ; the
minimum total nonnegotiable fine which shall be assessed for all citations connected to
serious physical harm to an employee or a household member is $25,000 if there is a willful
or repeated violation or $12,500 if there is no willful or repeated violation, except as provided
in paragraph (b) new 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 years new text begin for citations connected to the death of an
employee or a household member; the employer shall be assessed an initial fine of $2,500
and an additional fine of $2,500 for each of the following four years for citations connected
to serious physical harm to an employee or a household member new text end . The commissioner may
elect to waive the $5,000 new text begin or $2,500 new text end fine 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 begin or serious physical harm to new text end an employee new text begin or a household member
of an employee new text end who owns a controlling interest in the business or enterprise, except if the
commissioner determines that a fine shall be assessed.

Sec. 5. new text begin EXPEDITED RULEMAKING AUTHORITY FOR LEAD STANDARDS.
new text end

new text begin The commissioner of labor and industry shall utilize the expedited rulemaking process
established in Minnesota Statutes, section 14.389, to issue a rule adopting increased
occupational safety and health standards for lead consistent with the standards established
in Minnesota Statutes, section 182.655, subdivision 4.
new text end