1.1                          A bill for an act 
  1.2             relating to occupational safety; providing that the 
  1.3             next of kin of a deceased employee can participate in 
  1.4             procedures related to citations; providing for a 
  1.5             presumptive penalty for violations related to the 
  1.6             death of an employee; amending Minnesota Statutes 
  1.7             1998, sections 182.651, subdivision 22; 182.661, 
  1.8             subdivision 1; and 182.666, subdivision 2, and by 
  1.9             adding a subdivision. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 182.651, 
  1.12  subdivision 22, is amended to read: 
  1.13     Subd. 22.  [AUTHORIZED EMPLOYEE REPRESENTATIVE.] 
  1.14  "Authorized employee representative" means a labor organization 
  1.15  that has a collective bargaining relationship with the cited 
  1.16  employer and that represents affected employees and, in the case 
  1.17  of a deceased employee, that employee's next of kin. 
  1.18     Sec. 2.  Minnesota Statutes 1998, section 182.661, 
  1.19  subdivision 1, is amended to read: 
  1.20     Subdivision 1.  If, after an inspection or investigation, 
  1.21  the commissioner issues a citation under section 182.66, the 
  1.22  commissioner shall notify the employer by certified mail of the 
  1.23  penalty, if any, proposed to be assessed under section 182.666 
  1.24  and that the employer has 20 calendar days within which to file 
  1.25  a notice of contest and certification of service, on a form 
  1.26  provided by the commissioner, indicating that the employer 
  1.27  wishes to contest the citation, type of violation, proposed 
  2.1   assessment of penalty, or the period of time fixed in the 
  2.2   citation given for correction of violation.  A copy of the 
  2.3   citation and the proposed assessment of penalty shall also be 
  2.4   mailed to the authorized employee representative and including, 
  2.5   in the case of the death of an employee, to the next of kin if 
  2.6   requested.  If within 20 calendar days from the receipt of the 
  2.7   penalty notice issued by the commissioner the employer fails to 
  2.8   file the notice of contest, and no notice of contest is filed by 
  2.9   any employee or authorized representative of employees under 
  2.10  subdivision 3 within such time, the citation and assessment, as 
  2.11  proposed, shall be deemed a final order of the commissioner and 
  2.12  not subject to review by any court or agency. 
  2.13     Sec. 3.  Minnesota Statutes 1998, section 182.666, 
  2.14  subdivision 2, is amended to read: 
  2.15     Subd. 2.  Any employer who has received a citation for a 
  2.16  serious violation of its duties under section 182.653, or any 
  2.17  standard, rule, or order adopted under the authority of the 
  2.18  commissioner as provided in this chapter, shall be assessed a 
  2.19  fine not to exceed $7,000 for each violation.  If the violation 
  2.20  causes or contributes to the cause of the death of an employee, 
  2.21  the employer shall be assessed a fine of up to $25,000. 
  2.22     Sec. 4.  Minnesota Statutes 1998, section 182.666, is 
  2.23  amended by adding a subdivision to read: 
  2.24     Subd. 2a.  Notwithstanding any other provision of this 
  2.25  section, if any serious, willful, or repeated violation other 
  2.26  than a violation of section 182.653, subdivision 2, causes or 
  2.27  contributes to the cause of death of an employee, the employer 
  2.28  shall be assessed a fine of at least $50,000 for that violation 
  2.29  unless the commissioner finds clear and convincing evidence that 
  2.30  extraordinary circumstances are present justifying a reduced 
  2.31  penalty.  If the commissioner finds such extraordinary 
  2.32  circumstances, the commissioner shall include, with the notice 
  2.33  required by section 182.661, a written explanation of the 
  2.34  specific facts that support the finding. 
  2.35     If the commissioner finds extraordinary circumstances 
  2.36  according to this subdivision, the commissioner shall assess a 
  3.1   fine as provided in subdivision 6.