Minnesota Session Laws - 2003, Regular Session

                            CHAPTER 38-S.F.No. 1098 
                  An act relating to occupational safety and health; 
                  eliminating certain responsibilities of the 
                  commissioner of health; increasing penalty limits for 
                  certain violations; amending Minnesota Statutes 2002, 
                  sections 182.65, subdivision 2; 182.656, subdivision 
                  1; 182.66, subdivision 2; 182.666, subdivisions 2, 2a. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 182.65, 
        subdivision 2, is amended to read: 
           Subd. 2.  The legislature finds that the burden on 
        employers and employees of this state resulting from personal 
        injuries and illnesses arising out of work situations is 
        substantial; that the prevention of these injuries and illnesses 
        is an important objective of the government of this state; that 
        the greatest hope of attaining this objective lies in programs 
        of research and education, and in the earnest cooperation of 
        government, employers and employees; and that a program of 
        regulation and enforcement is a necessary supplement to these 
        more basic programs. 
           The legislature declares it to be its purpose and policy 
        through the exercise of its powers to assure so far as possible 
        every worker in the state of Minnesota safe and healthful 
        working conditions and to preserve our human resources by 
           (a) Authorizing the occupational safety and health advisory 
        council to advise, consult with or recommend on any matters 
        relating to the Minnesota occupational safety and health plan to 
        the commissioner of labor and industry and the state 
        commissioner of health and by authorizing the commissioner of 
        labor and industry to promulgate and enforce mandatory 
        occupational safety and health standards applicable to employers 
        and employees in the state of Minnesota; 
           (b) Encouraging employers and employees to increase their 
        efforts to reduce the number of occupational safety and health 
        hazards at their places of employment, and to stimulate 
        employers and employees to institute new and to perfect existing 
        programs for providing safe and healthful working conditions; 
           (c) Providing that employers and employees have separate 
        but dependent responsibilities and rights with respect to 
        achieving safe and healthful working conditions; 
           (d) Providing for research in the field of occupational 
        safety and health; including the psychological factors involved, 
        and by developing innovative methods, techniques, and approaches 
        for dealing with occupational safety and health problems; 
           (e) Exploring ways to discover latent diseases, 
        establishing causal connections between diseases and work in 
        environmental conditions, and conducting other research relating 
        to health problems, in recognition of the fact that occupational 
        health standards present problems often different from those 
        involved in occupational safety; 
           (f) Utilizing advances already made by federal laws and 
        regulations providing safe and healthful working conditions; 
           (g) Providing criteria which will assure insofar as 
        practicable that no employee will suffer diminished health, 
        functional capacity, or life expectancy as a result of work 
        experience; 
           (h) Providing an effective enforcement program which shall 
        include a prohibition against giving advance notice of an 
        inspection and sanctions for any individual violating this 
        prohibition; 
           (i) Providing for appropriate reporting procedures with 
        respect to occupational safety and health, which procedures will 
        help achieve the objectives of this chapter and accurately 
        describe the nature of the occupational safety and health 
        problem; 
           (j) Encouraging joint labor-management efforts to reduce 
        injuries and diseases arising out of employment; 
           (k) Providing consultation to employees and employers which 
        will aid them in complying with their responsibilities under 
        this chapter where such consultation does not interfere with the 
        effective enforcement of this chapter; 
           (l) Providing for training programs to increase the number 
        and competence of personnel engaged in the field of occupational 
        safety and health. 
           Sec. 2.  Minnesota Statutes 2002, section 182.656, 
        subdivision 1, is amended to read: 
           Subdivision 1.  An occupational safety and health advisory 
        council consisting of 12 members appointed by the commissioner 
        of labor and industry is created to advise the department.  The 
        council members shall be chosen so that three shall represent 
        management; three shall represent labor; three shall represent 
        occupational safety and health professions; and three shall 
        represent the general public. 
           The commissioner of labor and industry shall designate one 
        of the public members as chair.  The members shall be selected 
        upon the basis of their experience and competence in the field 
        of occupational safety and health.  The commissioner of labor 
        and industry and the state commissioner of health shall be an ex 
        officio members member and the commissioner of labor and 
        industry shall serve as secretary of the council.  The council 
        shall elect from its members, by a concurring vote of not less 
        than six members, other officers as necessary to carry out the 
        duties thereof. 
           Sec. 3.  Minnesota Statutes 2002, section 182.66, 
        subdivision 2, is amended to read: 
           Subd. 2.  Each citation issued under this section, and the 
        penalty proposed to be assessed under section 182.666, or a copy 
        or copies thereof, shall be prominently posted, as prescribed in 
        rules issued by the commissioner, at or near each place a 
        violation referred to in the citation occurred.  Each citation 
        and proposed penalty shall be posted for a minimum period of 15 
        20 days.  
           Sec. 4.  Minnesota Statutes 2002, 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 adopted under the authority of the 
        commissioner as provided in this chapter, shall be assessed a 
        fine not to exceed $7,000 for each violation.  If a serious 
        violation under section 182.653, subdivision 2, causes or 
        contributes to the death of an employee, the employer shall be 
        assessed a fine of up to $25,000. 
           Sec. 5.  Minnesota Statutes 2002, section 182.666, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  (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) 
        any failure to correct a violation pursuant to subdivision 4 
        causes or contributes to the death of an employee, the minimum 
        total nonnegotiable fine which shall be assessed for all 
        citations connected to the death of an employee 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). 
           (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.  The commissioner 
        may elect to waive the $5,000 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 an 
        employee who owns a controlling interest in the business or 
        enterprise, except if the commissioner determines that a fine 
        shall be assessed. 
           Presented to the governor May 9, 2003 
           Signed by the governor May 13, 2003, 1:25 p.m.