HF 334

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/13/2021 04:44pm

A bill for an act
relating to labor and industry; adopting agency policy provisions; classifying
occupational safety and health data; classifying apprenticeship data on minors;
modifying membership of the Construction Codes Advisory Council; amending
Minnesota Statutes 2020, sections 13.7905, subdivision 6, by adding a subdivision;
178.012, subdivision 1; 182.66, by adding a subdivision; 326B.07, subdivision 1;
proposing coding for new law in Minnesota Statutes, chapter 181A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 13.7905, subdivision 6, is amended to read:

Subd. 6.

Occupational safety and health.

(a) Certain data gathered or prepared by the
commissioner of labor and industry as part of occupational safety and health inspections or
reports are classified under sections 182.659, subdivision 8, 182.663, subdivision 4, and
182.668, subdivision 2.

(b) Certain data gathered or prepared by the commissioner of labor and industry as part
of occupational safety and health citations are classified under section 182.66, subdivision
4.

Sec. 2.

Minnesota Statutes 2020, section 13.7905, is amended by adding a subdivision to
read:

Subd. 8.

Data on individuals who are minors.

Disclosure of data on minors is governed
by section 181A.112.

Sec. 3.

Minnesota Statutes 2020, section 178.012, subdivision 1, is amended to read:

Subdivision 1.

Apprenticeship rules.

Federal regulations governing apprenticeship in
effect on July 1, 2013 January 18, 2017, as provided by Code of Federal Regulations, title
29, part parts 29, sections 29.1 to 29.6 and 29.11, and 30 are the apprenticeship rules in this
state, subject to amendment by this chapter or by rule under section 178.041.

Sec. 4.

[181A.112] DATA ON INDIVIDUALS WHO ARE MINORS.

(a) When the commissioner collects, creates, receives, maintains, or disseminates the
following data on individuals who the commissioner knows are minors, the data are
considered private data on individuals, as defined in section 13.02, subdivision 12, except
for data classified as public data according to section 13.43:

(1) name;

(2) date of birth;

(3) Social Security number;

(4) telephone number;

(5) e-mail address;

(6) physical or mailing address;

(7) location data;

(8) online account access information; and

(9) other data that would identify participants who have registered for events, programs,
or classes sponsored by the Department of Labor and Industry.

(b) Data about minors classified under this section maintain their classification as private
data on individuals after the individual is no longer a minor.

Sec. 5.

Minnesota Statutes 2020, section 182.66, is amended by adding a subdivision to
read:

Subd. 4.

Classification of citation data.

Notwithstanding section 13.39, subdivision 2,
the data in a written citation is classified as public as soon as the commissioner has received
confirmation that the employer has received the citation. All data in the citation is public,
including but not limited to the employer's name; the employer's address; the address of the
worksite; the date or dates of inspection; the date the citation was issued; the provision of
the act, standard, rule, or order alleged to have been violated; the severity level of the citation;
the description of the nature of the violation; the proposed abatement date; the proposed
penalty; and any abatement guidelines.

Sec. 6.

Minnesota Statutes 2020, section 326B.07, subdivision 1, is amended to read:

Subdivision 1.

Membership.

(a) The Construction Codes Advisory Council consists of
the following members:

(1) the commissioner or the commissioner's designee representing the department's
Construction Codes and Licensing Division;

(2) the commissioner of public safety or the commissioner of public safety's designee
representing the Department of Public Safety's State Fire Marshal Division;

(3) one member, appointed by the commissioner, engaged in each of the following
occupations or industries:

(i) certified building officials;

(ii) fire chiefs or fire marshals;

(iii) licensed architects;

(iv) licensed professional engineers;

(v) commercial building owners and managers;

(vi) the licensed residential building industry;

(vii) the commercial building industry;

(viii) the heating and ventilation industry;

(ix) a member of the Plumbing Board;

(x) a member of the Board of Electricity;

(xi) a member of the Board of High Pressure Piping Systems;

(xii) the boiler industry;

(xiii) the manufactured housing industry;

(xiv) public utility suppliers;

(xv) the Minnesota Building and Construction Trades Council; and

(xvi) local units of government.;

(xvii) the energy conservation industry; and

(xviii) a building accessibility advocate.

(b) The commissioner or the commissioner's designee representing the department's
Construction Codes and Licensing Division shall serve as chair of the advisory council. For
members who are not state officials or employees, compensation and removal of members
of the advisory council are governed by section 15.059. The terms of the members of the
advisory council shall be four years. The terms of eight of the appointed members shall be
coterminous with the governor and the terms of the remaining nine appointed members
shall end on the first Monday in January one year after the terms of the other appointed
members expire. An appointed member may be reappointed. Each council member shall
appoint an alternate to serve in their absence.