Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 431-S.F.No. 1495
           An act relating to labor; providing for occupational 
          safety and health; regulating infectious agents; 
          amending Minnesota Statutes 1983 Supplement, section 
          182.653, subdivisions 4b, 4c, and 4f; and 182.654, 
          subdivision 11. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
182.653, subdivision 4b, is amended to read: 
    Subd. 4b.  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.  
    For each hazardous substance to which the employee may be 
routinely exposed, the employer's training program shall include:
    (a) the name or names of the substance including any 
generic or chemical name, trade name, and commonly used name;  
    (b) the level, if any and if known, at which exposure to 
the substance has been determined to be safe 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;  
     (c) the known acute and chronic effects of exposure at 
hazardous levels;  
     (d) the known symptoms of the effects;  
     (e) any potential for flammability, explosion, or 
reactivity of the substance;  
     (f) appropriate emergency treatment;  
     (g) the known proper conditions for safe use of and 
exposure to the substance;  
     (h) procedures for cleanup of leaks and spills;  
     (i) the name, phone number and address of the manufacturer 
of the hazardous substance; and 
     (j) 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.  
     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.  
     Training to update the information required to be provided 
under this subdivision shall be repeated at intervals no greater 
than one year.  
     Every employer shall maintain current information for 
training under this subdivision or for information requests by 
employees under section 182.654, subdivision 10.  
     This subdivision does not apply to any employer engaged in 
a farming operation.  
    This subdivision does not apply to any small business.  
     This subdivision does not apply to any nonpublic school or 
any school district before January 1, 1985.  
    Any technically qualified individual 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.  
    Sec. 2.  Minnesota Statutes 1983 Supplement, section 
182.653, subdivision 4c, is amended to read: 
    Subd. 4c.  For each harmful physical agent to which an 
employee may be routinely exposed, the employer's training 
program shall include the information required by the standard 
for that physical agent as determined by the commissioner, 
including but not limited to:  
     (a) the name or names of the physical agent including any 
commonly used synonym;  
     (b) the level, if any and if known, at which exposure to 
the physical agent has been determined to be safe 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 
Conference of Governmental Industrial Hygienists, the Center for 
Disease Control, the Bureau of Radiological Health, and the 
American National Standards Institute;  
     (c) the known acute and chronic effects of exposure at 
hazardous levels;  
     (d) the known symptoms of the effects;  
     (e) appropriate emergency treatment;  
     (f) the known proper conditions for safe use of and 
exposure to the physical agent;  
     (g) the name, phone number and address, if appropriate, of 
the manufacturer of the harmful physical agent; and 
     (h) a written copy of all of the above information which 
shall be readily accessible in the area or areas in which the 
harmful physical agent is present and where the employee may be 
exposed to the agent through use, handling or otherwise.  
    Employees who have been routinely exposed to a harmful 
physical agent prior to the effective date of Laws 1983, chapter 
316 and who continue to be routinely exposed to that harmful 
physical agent after the effective date of Laws 1983, chapter 
316, shall be trained with respect to that harmful physical 
agent within six months of the effective date of Laws 1983, 
chapter 316.  
    Training to update the information required to be provided 
under this subdivision shall be repeated at intervals no greater 
than one year.  
    Every employer shall maintain current information for 
training under this subdivision or for information requests by 
employees under section 182.654, subdivision 10.  
    This subdivision does not apply to any employer engaged in 
a farming operation.  
    Any technically qualified individual 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. 
    Sec. 3.  Minnesota Statutes 1983 Supplement, section 
182.653, subdivision 4f, is amended to read: 
    Subd. 4f.  Each employer who operates a hospital or clinic 
shall provide training according to a program developed by the 
commissioner by rule with approval of the commissioner of health 
to its employees who are routinely exposed to an infectious 
agent.  The training shall include the information required by 
the rule for that agent as developed by the commissioner and 
shall include, if known, names of infectious agents to which the 
employee is routinely exposed, proper techniques for the 
employee to avoid self-contamination, and symptoms and effects 
of contamination.  Training shall be provided upon the initial 
assignment of the employee to a job where that person will be 
routinely exposed to an infectious agent.  Existing inservice, 
hospital licensure or certification programs which the 
commissioner determines substantially comply with the rules 
adopted pursuant to this subdivision may be certified by the 
commissioner to satisfy all or a part of the rules.  "Infectious 
agent" means a communicable bacterium, rickettsia, parasites, 
virus, or fungus determined by the commissioner by rule, with 
approval of the commissioner of health, which according to 
documented medical or scientific evidence causes substantial 
acute or chronic illness or permanent disability as a forseeable 
and direct result of any routine exposure to the infectious 
agent.  Infectious agent does not include an agent in or on the 
body of a patient before diagnosis.  
     Infectious agent does not include an agent being developed 
or regularly utilized by a technically qualified individual in a 
research, medical research, medical diagnostic or medical 
educational laboratory or in a health care facility or in a 
clinic associated with a laboratory or health care facility, or 
in a pharmacy registered and licensed under chapter 151.  The 
exemption in this clause does not include an infectious agent 
utilized in a laboratory that primarily provides a quality 
control analysis for a manufacturing process.  
    Employees who have been routinely exposed to an infectious 
agent prior to the effective date of Laws 1983, chapter 316 and 
who continue to be routinely exposed to that infectious agent 
after the effective date of Laws 1983, chapter 316, shall be 
trained with respect to that infectious agent within six months 
of the effective date of Laws 1983, chapter 316.  
    Training to update the information required to be provided 
under this subdivision shall be repeated at intervals no greater 
than one year.  
    Any technically qualified individual 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. 
    Sec. 4.  Minnesota Statutes 1983 Supplement, section 
182.654, subdivision 11, is amended to read: 
    Subd. 11.  An employee acting in good faith has the right 
to refuse to work under conditions which the employee reasonably 
believes present an imminent danger of death or serious physical 
harm to the employee.  
     A reasonable belief of imminent danger of death or serious 
physical harm includes but is not limited to a reasonable belief 
of the employee that the employee has been assigned to work with 
a hazardous substance, harmful physical agent or infectious 
agent under conditions which are inconsistent with the training 
or information provided by the employer pursuant to section 
182.653, subdivision 4b, clauses (g) or (h), section 182.653, 
subdivision 4c, clause (f), section 182.653, subdivision 4d, 
section 182.653, subdivision 4e, section 182.653, subdivision 
4f, or section 182.654, subdivision 10.  
     An employer may not discriminate against an employee for a 
good faith refusal to perform assigned tasks if the employee has 
requested that the employer correct the hazardous conditions but 
the conditions remain uncorrected.  
     An employee who has refused in good faith to perform 
assigned tasks and who has not been reassigned to other tasks by 
the employer shall, in addition to retaining a right to 
continued employment, receive pay for the tasks which would have 
been performed if (1) the employee requests the commissioner to 
inspect and determine the nature of the hazardous condition, and 
(2) the commissioner determines that the employee, by performing 
the assigned tasks, would have been placed in imminent danger of 
death or serious physical harm; or (3) the employee requests the 
commissioner to inspect and determine if a hazardous condition 
exists, and (4) the commissioner determines that the employer 
has failed to provide the training required under section 
182.653, subdivision 4b, 4c, 4d, 4e, or 4f prior to the 
employee's initial assignment to a workplace where the employee 
may be routinely exposed to a hazardous substance or harmful 
physical agent and the employer has failed to provide the 
information required under section 182.653, subdivision 4b, 4c, 
4d, 4e, or 4f after a request pursuant to section 182.654, 
subdivision 10 within a reasonable period of time, but not to 
exceed 24 hours, of the request.  
    Nothing in this subdivision shall give a technically 
qualified individual who elects to participate in the training 
required under section 182.653, subdivisions 4b, 4c, or 4f, the 
right to refuse to work as provided under this subdivision 
because his or her employer has failed to provide a training 
program required under those subdivisions.  
    Sec. 5.  [EFFECTIVE DATES.] 
    The provisions of section 1 which provide that Minnesota 
Statutes, section 182.653, subdivision 4b, does not apply to any 
nonpublic school or any school district before January 1, 1985 
shall be effective the day following enactment.  All other 
provisions of this bill shall be effective August 1, 1984. 
    Approved April 23, 1984