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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1986 

                        CHAPTER 456-S.F.No. 2161 
           An act relating to employment; providing training 
          opportunities for technically qualified individuals 
          who may be exposed to hazardous substances, harmful 
          physical agents, or infectious agents; amending 
          Minnesota Statutes 1985 Supplement, section 182.653, 
          subdivisions 4b, 4c, and 4f; proposing coding for new 
          law in Minnesota Statutes, chapter 145. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [145.94] [EXPOSURE TO HAZARDOUS SUBSTANCE.] 
    Subdivision 1.  [SITE INSPECTION.] To determine hazardous 
substance exposure to the community, the commissioner of health 
may enter the premises of any employer as defined in section 
182.651, subdivision 7, including the University of Minnesota, 
to investigate the actual, suspected, or potential release of a 
hazardous substance if there is evidence or risk of exposure to 
the community.  Before entering the commissioner shall present 
to the employer a statement of the reason, nature, and scope of 
the investigation at a particular location.  As part of the 
investigation, and upon request to the employer, the 
commissioner must be allowed access to information required 
under the employee right-to-know act to determine if there are 
existing or potential health hazards to the community from the 
release of any hazardous substance originating in the workplace 
of the employer. 
    Subd. 2.  [DISCLOSURE OF INFORMATION.] The commissioner may 
disclose to individuals or to the community, information 
including data made nonpublic by law, relating to the hazardous 
properties and health hazards of hazardous substances released 
from a workplace if the commissioner finds: 
    (1) evidence that a person requesting the information may 
have suffered or is likely to suffer illness or injury from 
exposure to a hazardous substance; or 
    (2) evidence of a community health risk and if the 
commissioner seeks to have the employer cease an activity which 
results in release of a hazardous substance.  
    Nonpublic data obtained under subdivision 1 is subject to 
handling, use, and storage according to established standards to 
prevent unauthorized use or disclosure.  If the nonpublic data 
is required for the diagnosis, treatment, or prevention of 
illness or injury, a personal physician may be provided with 
this information if the physician agrees to preserve the 
confidentiality of the information, except for patient health 
records subject to section 144.335.  After the disclosure of any 
hazardous substance information relating to a particular 
workplace, the commissioner shall advise the employer of the 
information disclosed, the date of the disclosure, and the 
person who received the information. 
    Sec. 2.  Minnesota Statutes 1985 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 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;  
     (c) the primary routes of entry and 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 nonpublic school or 
any school district before January 1, 1985.  
    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.  
    Sec. 3.  Minnesota Statutes 1985 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 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 
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 equipment which generates 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 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. 
    Sec. 4.  Minnesota Statutes 1985 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.  
    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 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. 
     Sec. 5.  [FIREFIGHTER TRAINING PROGRAMS.] 
     Notwithstanding other law, the appropriations of $250,000 
in fiscal year 1987 in Laws 1985, First Special Session chapter 
11, section 4, subdivision 3, for firefighter training programs 
at area vocational technical institutes must be spent to provide 
a tuition subsidy of up to 50 cents per student clock hour of 
instructions to each approved program. 
     Notwithstanding Minnesota Statutes, section 136C.04, 
subdivision 12, any AVTI may offer the programs at any 
location.  If the total amount requested by AVTI's for approved 
programs exceeds the amount appropriated, the state board shall 
prorate the deficiency among all approved programs. 
    The tuition schedule for the programs need not be uniform. 
     Sec. 6.  [EFFECTIVE DATE.] 
     Section 1 is effective July 1, 1987. 
    Approved March 25, 1986