1.1                          A bill for an act 
  1.2             relating to employment; modifying requirements for 
  1.3             drug and alcohol testing; clarifying provisions on 
  1.4             review of personnel records by employees; setting a 
  1.5             limit for penalties on unpaid OSHA fines; creating a 
  1.6             private right of action for violations of certain 
  1.7             provisions regarding entertainment agencies; providing 
  1.8             the criminal penalty of gross misdemeanor for an 
  1.9             assault on an occupational safety and health 
  1.10            investigator; amending Minnesota Statutes 1996, 
  1.11            sections 181.953, subdivision 6; 181.961, subdivision 
  1.12            2; 182.666, subdivision 7; 184A.20; and 609.2231, 
  1.13            subdivision 6. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1996, section 181.953, 
  1.16  subdivision 6, is amended to read: 
  1.17     Subd. 6.  [RIGHTS OF EMPLOYEES AND JOB APPLICANTS.] (a) 
  1.18  Before requesting an employee or job applicant to undergo drug 
  1.19  or alcohol testing, an employer shall provide the employee or 
  1.20  job applicant with a form, developed by the employer, on which 
  1.21  to (1) acknowledge that the employee or job applicant has seen 
  1.22  the employer's drug and alcohol testing policy, and (2) indicate 
  1.23  any over-the-counter or prescription medications that the 
  1.24  individual is currently taking or has recently taken and any 
  1.25  other information relevant to the reliability of, or explanation 
  1.26  for, a positive test result.  
  1.27     (b) If an employee or job applicant tests positive for drug 
  1.28  use, the employer may request that the employee or job applicant 
  1.29  indicate any over-the-counter or prescription medication that 
  2.1   the individual is currently taking or has recently taken and any 
  2.2   other information relevant to the reliability of, or explanation 
  2.3   for, a positive test result. 
  2.4      (c) Within three working days after notice of a positive 
  2.5   test result on a confirmatory test, the employee or job 
  2.6   applicant may submit information to the employer, in addition to 
  2.7   any information already submitted under paragraph (a) (b), to 
  2.8   explain that result, or may request a confirmatory retest of the 
  2.9   original sample at the employee's or job applicant's own expense 
  2.10  as provided under subdivision 9. 
  2.11     Sec. 2.  Minnesota Statutes 1996, section 181.961, 
  2.12  subdivision 2, is amended to read: 
  2.13     Subd. 2.  [TIME; LOCATION; CONDITION; COPY.] (a) The 
  2.14  employer shall comply with a written request pursuant to 
  2.15  subdivision 1 no later than seven working days after receipt of 
  2.16  the request if the personnel record is located in this state, or 
  2.17  no later than 14 working days after receipt of the request if 
  2.18  the personnel record is located outside this state.  
  2.19     (b) With respect to current employees, the personnel record 
  2.20  or an accurate copy must be made available for review by the 
  2.21  employee during the employer's normal hours of operation at the 
  2.22  employee's place of employment or other reasonably nearby 
  2.23  location, but need not be made available during the employee's 
  2.24  working hours.  The employer may require that the review be made 
  2.25  in the presence of the employer or the employer's designee.  
  2.26  After the review and upon the employee's written request, the 
  2.27  employer shall provide a copy of the record to the employee.  
  2.28     (c) With respect to employees who are separated from 
  2.29  employment, upon the employee's written request, the employer 
  2.30  shall provide a copy of the personnel record to the employee.  
  2.31  Providing a copy of the employee's personnel record to the 
  2.32  employee satisfies the employer's responsibility to allow review 
  2.33  as stated in subdivision 1. 
  2.34     (d) The employer may charge a fee for the copy not to 
  2.35  exceed the actual cost of making, compiling, and mailing the 
  2.36  copy. 
  3.1      Sec. 3.  Minnesota Statutes 1996, section 182.666, 
  3.2   subdivision 7, is amended to read: 
  3.3      Subd. 7.  Fines imposed under this chapter shall be paid to 
  3.4   the commissioner for deposit in the special compensation fund 
  3.5   and may be recovered in a civil action in the name of the 
  3.6   department brought in the district court of the county where the 
  3.7   violation is alleged to have occurred or the district court 
  3.8   where the commissioner has an office.  Unpaid fines shall be 
  3.9   increased to 125 percent of the original assessed amount if not 
  3.10  paid within 60 days after the fine becomes a final order.  After 
  3.11  that 60 days, unpaid fines shall accrue an additional penalty of 
  3.12  ten percent per month compounded monthly until the fine is paid 
  3.13  in full or until the fine has accrued to 300 percent of the 
  3.14  original assessed amount. 
  3.15     Sec. 4.  Minnesota Statutes 1996, section 184A.20, is 
  3.16  amended to read: 
  3.17     184A.20 [PENALTY; PRIVATE RIGHT OF ACTION.] 
  3.18     Subdivision 1.  [PENALTY.] A person, agent, or officer of 
  3.19  an agent, who violates any provision of sections 184A.01 to 
  3.20  184A.20 is guilty of a misdemeanor, punishable by a fine of not 
  3.21  less than $25 nor more than $250 or imprisonment for a period of 
  3.22  not more than 60 days, or both.  
  3.23     A person, firm, or corporation who shall split, divide, or 
  3.24  share, directly or indirectly, a fee, charge, or compensation 
  3.25  received from an employee with an employer, or person in any way 
  3.26  connected with the business, shall be punished by a fine of not 
  3.27  less than $500, and not more than $3,000, or, on failure to pay 
  3.28  the fine, by imprisonment for a period not to exceed one year, 
  3.29  or both, at the discretion of the court. 
  3.30     Subd. 2.  [PRIVATE RIGHT OF ACTION.] A person who violates 
  3.31  any provision of sections 184A.01 to 184A.20 or any rule or 
  3.32  order thereunder is liable for actual damages, for rescission, 
  3.33  or other relief as the court may deem appropriate.  The 
  3.34  prevailing party in any suit authorized under this section may 
  3.35  recover costs and disbursements plus reasonable attorney fees, 
  3.36  in addition to any other relief granted.  The rights and 
  4.1   remedies provided by this chapter are in addition to any and all 
  4.2   other rights and remedies that may exist at law or in equity. 
  4.3      Sec. 5.  Minnesota Statutes 1996, section 609.2231, 
  4.4   subdivision 6, is amended to read: 
  4.5      Subd. 6.  [PUBLIC EMPLOYEES WITH MANDATED DUTIES.] A person 
  4.6   is guilty of a gross misdemeanor who: 
  4.7      (1) assaults an agricultural inspector, occupational safety 
  4.8   and health investigator, child protection worker, public health 
  4.9   nurse, or probation or parole officer while the employee is 
  4.10  engaged in the performance of a duty mandated by law, court 
  4.11  order, or ordinance; 
  4.12     (2) knows that the victim is a public employee engaged in 
  4.13  the performance of the official public duties of the office; and 
  4.14     (3) inflicts demonstrable bodily harm.