Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 620-S.F.No. 1719 
           An act relating to occupational safety and health; 
          regulating penalties for violations; amending 
          Minnesota Statutes 1986, section 182.666, subdivisions 
          3, 5a, and 7; Minnesota Statutes 1987 Supplement, 
          section 182.666, subdivisions 1, 2, 4, and 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1987 Supplement, section 
182.666, subdivision 1, is amended to read:  
    Subdivision 1.  Any employer who willfully or repeatedly 
violates the requirements of section 182.653, or any standard, 
rule, or order promulgated under the authority of the 
commissioner as provided in this chapter, may be assessed a fine 
not to exceed $10,000 $20,000 for each violation. 
    Sec. 2.  Minnesota Statutes 1987 Supplement, section 
182.666, subdivision 2, is amended to read:  
    Subd. 2.  Any employer who has received a citation for a 
serious violation of its duties under section 182.653, or any 
standard, rule, or order promulgated under the authority of the 
commissioner as provided in this chapter, shall be assessed a 
fine not to exceed $1,000 $2,000 for each such violation.  If 
such violation causes or contributes to the cause of the death 
of an employee, the employer shall be assessed a fine of up to 
$10,000.  
    Sec. 3.  Minnesota Statutes 1986, section 182.666, 
subdivision 3, is amended to read:  
    Subd. 3.  Any employer who has received a citation for a 
violation of its duties under section 182.653, subdivisions 2 to 
4, where such violation is specifically determined not to be of 
a serious nature as provided in section 182.651, subdivision 12, 
may be assessed a fine of up to $1,000 $2,000 for each such 
violation.  
    Sec. 4.  Minnesota Statutes 1987 Supplement, section 
182.666, subdivision 4, is amended to read:  
    Subd. 4.  Any employer who fails to correct a violation for 
which a citation has been issued under section 182.66 within the 
period permitted for its correction, which period shall not 
begin to run until the date of the final order of the board in 
the case of any review proceedings under this chapter initiated 
by the employer in good faith and not solely for delay or 
avoidance of penalties, may be assessed a fine of not more 
than $1,000 $2,000 for each day during which such failure or 
violation continues.  
    Sec. 5.  Minnesota Statutes 1987 Supplement, section 
182.666, subdivision 5, is amended to read:  
    Subd. 5.  Any employer who violates any of the posting 
requirements, as prescribed under this chapter, except those 
prescribed under section 182.661, subdivision 3a, shall be 
assessed a fine of up to $1,000 $2,000 for each violation.  
    Sec. 6.  Minnesota Statutes 1986, section 182.666, 
subdivision 5a, is amended to read:  
    Subd. 5a.  Any employer who knowingly violates section 
182.6575 shall be assessed a fine of up to $1,000 $2,000 for 
each violation.  The employer shall also be liable to each 
aggrieved employee for civil punitive damages of $200 $400.  
    Sec. 7.  Minnesota Statutes 1986, section 182.666, 
subdivision 7, is amended to read:  
    Subd. 7.  Fines imposed under this chapter shall be paid to 
the commissioner for deposit in the general fund and may be 
recovered in a civil action in the name of the department 
brought in the district court of the county where the violation 
is alleged to have occurred or the district court where the 
commissioner has an office.  Unpaid fines shall be increased to 
125 percent of the original assessed amount if not paid within 
60 days after the fine becomes a final order.  After that 60 
days, unpaid fines shall accrue an additional penalty of ten 
percent per month compounded monthly until the fine is paid in 
full. 
    Approved April 24, 1988