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 182.661, subdivision 1; and 182.666, 
  1.8             subdivision 2, and by adding a subdivision; proposing 
  1.9             coding for new law in Minnesota Statutes, chapter 182. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [182.6545] [RIGHTS OF NEXT OF KIN UPON DEATH.] 
  1.12     In the case of a death of an employee, the department shall 
  1.13  make reasonable efforts to locate the employee's next of kin and 
  1.14  shall mail to them copies of the following: 
  1.15     (1) citations and notification of penalty; 
  1.16     (2) notices of hearings; 
  1.17     (3) complaints and answers; 
  1.18     (4) settlement agreements; 
  1.19     (5) orders and decisions; and 
  1.20     (6) notices of appeals. 
  1.21     In addition, the next of kin shall have the right to 
  1.22  request a consultation with the department regarding citations 
  1.23  and notification of penalties issued as a result of the 
  1.24  investigation of the employee's death.  For the purposes of this 
  1.25  section, "next of kin" refers to the nearest relative in the 
  1.26  order listed:  
  1.27     (1) spouse; 
  2.1      (2) parent; 
  2.2      (3) adult child; or 
  2.3      (4) adult sibling.  
  2.4      Sec. 2.  Minnesota Statutes 1998, section 182.661, 
  2.5   subdivision 1, is amended to read: 
  2.6      Subdivision 1.  If, after an inspection or investigation, 
  2.7   the commissioner issues a citation under section 182.66, the 
  2.8   commissioner shall notify the employer by certified mail of the 
  2.9   penalty, if any, proposed to be assessed under section 182.666 
  2.10  and that the employer has 20 calendar days within which to file 
  2.11  a notice of contest and certification of service, on a form 
  2.12  provided by the commissioner, indicating that the employer 
  2.13  wishes to contest the citation, type of violation, proposed 
  2.14  assessment of penalty, or the period of time fixed in the 
  2.15  citation given for correction of violation.  A copy of the 
  2.16  citation and the proposed assessment of penalty shall also be 
  2.17  mailed to the authorized employee representative and including, 
  2.18  in the case of the death of an employee, to the next of kin if 
  2.19  requested.  If within 20 calendar days from the receipt of the 
  2.20  penalty notice issued by the commissioner the employer fails to 
  2.21  file the notice of contest, and no notice of contest is filed by 
  2.22  any employee or authorized representative of employees under 
  2.23  subdivision 3 within such time, the citation and assessment, as 
  2.24  proposed, shall be deemed a final order of the commissioner and 
  2.25  not subject to review by any court or agency. 
  2.26     Sec. 3.  Minnesota Statutes 1998, section 182.666, 
  2.27  subdivision 2, is amended to read: 
  2.28     Subd. 2.  Any employer who has received a citation for a 
  2.29  serious violation of its duties under section 182.653, or any 
  2.30  standard, rule, or order adopted under the authority of the 
  2.31  commissioner as provided in this chapter, shall be assessed a 
  2.32  fine not to exceed $7,000 for each violation.  If the violation 
  2.33  causes or contributes to the cause of the death of an employee, 
  2.34  the employer shall be assessed a fine of up to $25,000. 
  2.35     Sec. 4.  Minnesota Statutes 1998, section 182.666, is 
  2.36  amended by adding a subdivision to read: 
  3.1      Subd. 2a.  Notwithstanding any other provision of this 
  3.2   section and except as provided in this subdivision, if any 
  3.3   serious, willful, or repeated violation other than a violation 
  3.4   of section 182.653, subdivision 2, causes or contributes to the 
  3.5   death of an employee, the minimum total fine that shall be 
  3.6   assessed is $50,000 and the maximum total fine that may be 
  3.7   assessed is $200,000 for an incident involving a willful or 
  3.8   repeated violation or $25,000 for an incident involving a 
  3.9   serious violation that is not willful or repeated.  The 
  3.10  commissioner may reduce the minimum $25,000 fine set for a 
  3.11  serious violation by this subdivision by up to 50 percent if the 
  3.12  employer can show by clear and convincing evidence that the size 
  3.13  of the business, the gravity of the violation, negligence of the 
  3.14  employee, or the good faith of the employer require a reduction.