CHAPTER 175. DEPARTMENT OF LABOR AND INDUSTRY
Table of Sections
|175.001||DEPARTMENT OF LABOR AND INDUSTRY.|
|175.002||Repealed, 1996 c 310 s 1
|175.003||Repealed, 1996 c 310 s 1
|175.004||Repealed, 1996 c 310 s 1
|175.005||Repealed, 1996 c 310 s 1
|175.006||DIVISION OF WORKERS' COMPENSATION.|
|175.0061||Repealed, 1981 c 346 s 145
|175.007||ADVISORY COUNCIL ON WORKERS' COMPENSATION; CREATION.|
|175.008||CODE ENFORCEMENT ADVISORY COUNCIL; CREATION.|
|175.02||Repealed, 1969 c 9 s 51
|175.03||Repealed, 1969 c 9 s 51
|175.04||Repealed, 1969 c 9 s 51
|175.05||Repealed, 1969 c 9 s 51
|175.06||Repealed, 1969 c 9 s 51; 1969 c 1129 art 8 s 17|
|175.07||Repealed, 1983 c 290 s 173
|175.09||Repealed, 1981 c 346 s 145
|175.092||Repealed, Ex1979 c 3 s 70
|175.10||SESSIONS TO BE PUBLIC.|
|175.101||DUTIES OF COMMISSIONER OF DEPARTMENT OF LABOR AND INDUSTRY AS HEAD OF THE WORKERS' COMPENSATION DIVISION.|
|175.11||SEAL; CERTIFIED COPIES.|
|175.12||Repealed, 1973 c 388 s 171
|175.13||Repealed, 1973 c 388 s 171
|175.15||Repealed, 1969 c 9 s 51
|175.17||POWERS AND DUTIES, COMMISSIONER OF DEPARTMENT OF LABOR AND INDUSTRY.|
|175.171||POWERS AND DUTIES, DEPARTMENT OF LABOR AND INDUSTRY.|
|175.18||Repealed, 1975 c 348 s 6
|175.19||Repealed, 1975 c 348 s 6
|175.21||Repealed, 1975 c 348 s 6
|175.22||Repealed, 1975 c 348 s 6
|175.23||Repealed, 1975 c 348 s 6
|175.24||DUTIES OF EMPLOYERS AND OTHERS TO MAKE REPORTS; PRESERVATION OF RECORDS.|
|175.25||PERSONS AGGRIEVED; POWERS OF DISTRICT COURT.|
|175.26||VIOLATION OF LOCAL ORDINANCES.|
|175.27||DISCLOSURE OF NAMES OF PERSONS GIVING INFORMATION; REFUSAL TO TESTIFY; DENYING ADMISSION; PENALTY.|
|175.28||Repealed, 1975 c 348 s 6
|175.29||Repealed, 1975 c 348 s 6
|175.30||Repealed, 1975 c 348 s 6
|175.31||Repealed, 1975 c 348 s 6
|175.32||Repealed, 1975 c 348 s 6
|175.33||PHYSICIANS TO REPORT CERTAIN CASES OF POISON TO THE DEPARTMENT.|
|175.34||Repealed, 1996 c 310 s 1
|175.36||Repealed, 1983 c 290 s 173
|175.37||COOPERATION WITH U.S.|
|175.38||Repealed, 1973 c 721 s 16
|175.39||Repealed, 1973 c 721 s 16
175.001 DEPARTMENT OF LABOR AND INDUSTRY.
Subdivision 1. Creation and organization.
The Department of Labor and Industry is created
under the supervision and control of the commissioner of labor and industry which office is
hereby established. The commissioner of labor and industry shall be appointed by the governor
under the provisions of section
. There shall be one deputy commissioner in the department.
Subd. 2. Oath.
The commissioner before entering upon the duties of office, shall take the
oath prescribed by law.
Subd. 3.[Repealed, 1969 c 1129 art 8 s 17]
Subd. 4.[Repealed, 1977 c 305 s 46
Subd. 5.[Repealed, 1996 c 310 s 1
Subd. 6. Mission; efficiency.
It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources and
operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities of other
(4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public participation
in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent otherwise
required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the accomplishment
of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1
(7) recommend to the legislature appropriate changes in law necessary to carry out the
mission and improve the performance of the department.
History: Ex1967 c 1 s 1; 1969 c 1129 art 8 s 15; 1975 c 359 s 23; 1977 c 305 s 24; 1986 c
444; 1995 c 248 art 11 s 13; 1998 c 366 s 59
175.007 ADVISORY COUNCIL ON WORKERS' COMPENSATION; CREATION.
Subdivision 1. Creation; composition.
(a) There is created a permanent Council on Workers'
Compensation consisting of 12 voting members as follows: the presidents of the largest statewide
Minnesota business and organized labor organizations as measured by the number of employees
of its business members and in its affiliated labor organizations in Minnesota on July 1, 1992, and
every five years thereafter; five additional members representing business, and five additional
members representing organized labor. The commissioner of labor and industry shall serve as
chair of the council and shall be a nonvoting member. Notwithstanding section
council does not expire unless the council no longer fulfills the purpose for which the council was
established, the council has not met in the last 18 months, or the council does not comply with
the registration requirements of section
15.0599, subdivision 3
(b) The governor, the majority leader of the senate, the speaker of the house of
representatives, the minority leader of the senate, and the minority leader of the house of
representatives shall each select a business and a labor representative. At least four of the labor
representatives shall be chosen from the affiliated membership of the Minnesota AFL-CIO. At
least two of the business representatives shall be representatives of small employers as defined
177.24, subdivision 1
, paragraph (a), clause (2). None of the council members shall
represent attorneys, health care providers, qualified rehabilitation consultants, or insurance
companies. If the appointing officials cannot agree on a method of appointing the required number
of Minnesota AFL-CIO and small business representatives by the second Monday in June of the
year in which appointments are made, they shall notify the secretary of state. The distribution of
appointments shall then be determined publicly by lot by the secretary of state or a designee in the
presence of the appointing officials or their designees on the third Monday in June.
(c) Each council member shall appoint an alternate. Alternates shall serve in the absence of
the member they replace.
(d) The ten appointed voting members shall serve for terms of five years and may be
(e) The council shall designate liaisons to the council representing workers' compensation
insurers; medical, hospital, and rehabilitation providers; and the legal profession. The speaker
and minority leader of the house of representatives shall each appoint a caucus member as a
liaison to the council. The majority and minority leaders of the senate shall each appoint a caucus
member to serve as a liaison to the council.
(f) The compensation and removal of members shall be as provided in section
Subd. 2. Duties; recommendations.
The advisory council shall advise the department in
carrying out the purposes of chapter 176. The council shall submit its recommendations with
respect to amendments to chapter 176 by February 1 of each year to each regular session of
the legislature and shall report its views upon any pending bill relating to chapter 176 to the
proper legislative committee. A recommendation may not be made by the council unless it is
supported by a majority of the employer members and a majority of the labor members. At the
request of the chairs of the senate and house of representatives committees that hear workers'
compensation matters, the department shall schedule a meeting of the council with the members
of the committees to discuss matters of legislative concern arising under chapter 176.
Subd. 3.MS 1974 [Repealed, 1975 c 315 s 26
Subd. 3. Meetings; voting.
(a) The council shall meet as frequently as necessary to carry out
its duties and responsibilities. The council may also conduct public hearings throughout the state
as may be necessary to give interested persons an opportunity to comment and make suggestions
on the operation of the state's workers' compensation law.
(b) The meetings of the council are subject to the state's Open Meeting Law, chapter 13D;
except that the six employer voting members and the six labor voting members may meet in
separate closed caucuses for the purpose of deliberating on matters before the council. All votes
of the council must be public and recorded.
Subd. 4. Executive director.
(a) The assistant commissioner for workers' compensation at
the Department of Labor and Industry shall serve as executive director of the council.
(b) The executive director shall provide administrative support and information to the council
in order to allow it to monitor all elements of Minnesota's workers' compensation system. Specific
duties of the executive director shall include:
(1) examining the activities of the various entities involved in Minnesota's workers'
compensation system and identifying problem areas for the council's consideration;
(2) identifying trends and developments in the workers' compensation law of other states,
and reporting to the council on issues that are developing and solutions that are being proposed or
(3) monitoring the decisions of Minnesota courts, including the Workers' Compensation
Court of Appeals and the Supreme Court, to determine the impact of court decisions on the
workers' compensation system;
(4) monitoring workers' compensation research activities and bringing important research
findings and recommendations to the attention of the council; and
(5) conducting other activities and duties as may be requested by the council.
Subd. 5. Administrative support.
The commissioner of labor and industry shall supply
necessary office space, supplies, and staff support to assist the council and its executive director
in their duties.
History: 1969 c 926 s 1-3; 1975 c 271 s 6; 1975 c 315 s 13; 1975 c 359 s 23; 1976 c 134 s
78; 1981 c 346 s 38; 1983 c 260 s 45; 1983 c 290 s 20; 1987 c 332 s 3; 1988 c 629 s 41; 1992
c 510 art 3 s 10; 2001 c 161 s 31
175.008 CODE ENFORCEMENT ADVISORY COUNCIL; CREATION.
The commissioner shall appoint an 11-member Advisory Council on Code Enforcement. The
terms, compensation, removal of council members, and expiration of the council are governed
, except that the advisory council shall not expire before June 30, 2003. The
council shall advise the commissioner on matters within the council's expertise or under the
regulation of the commissioner.
History: 1984 c 481 s 6; 1988 c 629 s 42; 1993 c 132 s 2; 1997 c 192 s 28; 2001 c 161 s 32
175.10 SESSIONS TO BE PUBLIC.
The Department of Labor and Industry shall be open for the transaction of business during
all business hours of each and every day, excepting Saturdays, Sundays, and legal holidays. The
hearings of the Workers' Compensation Division are open to the public and may be adjourned
from time to time. All the proceedings of the division shall be shown on its records, which are
History: (4039) 1921 c 81 s 8; 1969 c 9 s 38; 1973 c 388 s 6; 1975 c 271 s 6; 1975 c
359 s 23; 1976 c 134 s 78; 1983 c 290 s 22
175.101 DUTIES OF COMMISSIONER OF DEPARTMENT OF LABOR AND INDUSTRY
AS HEAD OF THE WORKERS' COMPENSATION DIVISION.
Subdivision 1. Purpose; duties.
It is the legislative purpose in creating a Division of
Workers' Compensation, and in assigning to the commissioner of the Department of Labor and
Industry specific duties and responsibilities, to:
(a) provide for a unified Department of Labor and Industry for the limited purposes of
organization and administration of common administrative functions; and
(b) assure the autonomy and maximum independence of the necessary adjudicative functions
and quasi-legislative administrative duties of the division.
The commissioner as head of the Workers' Compensation Division is the administrator of
the Workers' Compensation Division. The commissioner shall possess only the powers and
shall perform only the duties prescribed by law.
Subd. 2. Records.
The commissioner shall keep a full and true record of all proceedings of
the Workers' Compensation Division, issue all necessary processes, writs, warrants, and notices
which the division is required or authorized to issue and generally act as the administrator of the
Division of Workers' Compensation in the Department of Labor and Industry. Notices and other
documents required to be served or filed on the Division of Workers' Compensation shall be
served on the commissioner.
Subd. 3.[Repealed, 1983 c 290 s 173
Subd. 4. Chief judge; designation.
The commissioner may designate a workers'
compensation judge at the Department of Labor and Industry to serve as chief workers'
compensation judge. The commissioner may revoke the designation at any time. A revocation
does not affect the revoked designee's status as a workers' compensation judge.
History: 1973 c 388 s 7; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s 78; 1983 c 290 s
23,24; 1987 c 332 s 4; 1988 c 667 s 23; 1998 c 366 s 89
175.11 SEAL; CERTIFIED COPIES.
Subdivision 1. Workers' Compensation Division.
The Workers' Compensation Division
shall have a seal for the authentication of its orders and proceedings, upon which shall be
inscribed the words, "Workers' Compensation Division of Minnesota," as the division may
prescribe. The courts of this state shall take judicial notice of such seal; and in all cases copies of
orders, proceedings, or records of the division, certified by the commissioner, shall be received in
evidence, with the same force and effect given to the originals.
Subd. 2. Labor and Industry Department.
The Department of Labor and Industry shall
have a seal for the authentication of its orders and proceedings upon which shall be inscribed
"Department of Labor and Industry of Minnesota" and any other design the department
prescribes. The courts of this state shall take judicial notice of the seal and of the signature of the
commissioner of labor and industry. In all cases, copies of orders, proceedings, or records of the
department, certified by the commissioner under its seal shall be received in evidence with the
same force and effect given to the originals.
History: (4040) 1921 c 81 s 9; 1969 c 9 s 39; 1973 c 388 s 8; 1975 c 271 s 6; 1975 c
359 s 23; 1976 c 134 s 78; 1981 c 346 s 39
175.14 TRAVELING EXPENSES.
The commissioner and the officers, assistants, and employees of the department shall be paid
out of the state treasury their actual and necessary expenses while traveling on the business of the
department. Vouchers for such expenses shall be itemized and sworn to by the persons incurring
the expense, and be subject to the approval of the commissioner of labor and industry.
History: (4043) 1921 c 81 s 12; 1969 c 9 s 41; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c
134 s 78; 1981 c 346 s 40
Subdivision 1. Established.
The Department of Labor and Industry shall consist of the
following divisions: Division of Workers' Compensation, Division of Boiler Inspection, Division
of Occupational Safety and Health, Division of Statistics, Division of Steamfitting Standards,
Division of Labor Standards and Apprenticeship, and such other divisions as the commissioner of
the Department of Labor and Industry may deem necessary and establish. Each division of the
department and persons in charge thereof shall be subject to the supervision of the commissioner of
the Department of Labor and Industry and, in addition to such duties as are or may be imposed on
them by statute, shall perform such other duties as may be assigned to them by the commissioner.
Notwithstanding any other law to the contrary, the commissioner is the administrator and
supervisor of all of the department's dispute resolution functions and personnel and may delegate
authority to compensation judges and others to make determinations under sections
and to approve settlement of claims under section
Subd. 2.MS 2002 [Repealed, 2002 c 331 s 17
History: (4045) 1921 c 81 s 14; 1969 c 9 s 42,52; 1973 c 388 s 9; 1973 c 732 s 26; 1975 c
348 s 2; 1975 c 359 s 23; 1995 c 231 art 1 s 12; art 2 s 43; 1998 c 366 s 89; 2003 c 128 art 11 s 1
175.17 POWERS AND DUTIES, COMMISSIONER OF DEPARTMENT OF LABOR
(1) The commissioner shall administer the laws relating to workers' compensation and
the laws governing employees of the state, a county, or other governmental subdivisions who
(2) The commissioner shall adopt reasonable and proper rules governing rules of practice
before the Workers' Compensation Division in matters which are not before a compensation judge;
(3) The commissioner shall collect, collate, and publish statistical and other information
relating to work under the department's jurisdiction and make public reports the commissioner
judges necessary, including such other reports as may be required by law;
(4) The commissioner shall establish and maintain branch offices as needed for the conduct
of the affairs of the Workers' Compensation Division;
(5) The commissioner may:
(i) apply for, receive, and spend money received from federal, municipal, county, regional,
and other government agencies and private sources; and
(ii) apply for, accept, and disburse grants and other aids from public and private sources.
History: (4046) 1921 c 81 s 15; 1955 c 847 s 19; 1969 c 9 s 43; 1973 c 388 s 10; 1975 c 271
s 6; 1975 c 359 s 23; 1976 c 134 s 78; 1981 c 346 s 41; 1986 c 444; 1999 c 223 art 2 s 32
175.171 POWERS AND DUTIES, DEPARTMENT OF LABOR AND INDUSTRY.
The Department of Labor and Industry shall have the following powers and duties:
(1) to exercise all powers and perform all duties of the department consistent with the
provisions of this chapter;
(2) to adopt reasonable and proper rules relative to the exercise of its powers and duties, and
proper rules to govern its proceedings and to regulate the mode and manner of all investigations
and hearings, which shall not be effective until ten days after their adoption, and a copy of these
rules shall be delivered to every citizen making application therefor;
(3) to collect, collate, and publish statistical and other information relating to the work
under its jurisdiction, to keep records and to make public reports in its judgment necessary;
and on or before October 1 in each even-numbered year the department shall report its doings,
conclusions, and recommendations to the governor, which report shall be printed and distributed
by November 15 of each even-numbered year to the legislature pursuant to section
otherwise as the department may direct;
(4) to establish and maintain branch offices as needed for the conduct of its affairs; and
(5) to provide direct computer access to and electronic data interchange of public and
nonpublic workers' compensation data and other data maintained by the department and to charge
a reasonable fee for the access and electronic data interchange, except that in no circumstances
may a fee be charged an employee or the employee's attorney seeking access and data interchange
to information about the employee's claim or circumstances. Notwithstanding any other law to the
contrary, the fee receipts for providing the computer access to and electronic data interchange
of data shall be deposited in the special compensation fund. Access to and electronic data
interchange of nonpublic data shall be only as authorized by the subject of the data, as authorized
in chapter 13, or as otherwise authorized by law.
History: 1969 c 9 s 50; 1974 c 406 s 65; 1975 c 348 s 3; 1985 c 248 s 70; 1995 c 224 s 68
The commissioner or an authorized representative may enter and inspect places of
employment, during normal working hours, and investigate facts, conditions, practices or matters
as the commissioner deems appropriate to enforce the laws within the commissioner's jurisdiction.
The commissioner or an authorized representative may issue subpoenas, take testimony, compel
the attendance of witnesses, and shall have authority to administer oaths and take testimony
under oath, but no person shall be compelled to attend as a witness unless paid the fees provided
for witnesses in the district court.
History: (4050) 1913 c 518 s 8; 1919 c 110 s 1; 1961 c 560 s 16; 1975 c 348 s 4; 1986 c 444
175.24 DUTIES OF EMPLOYERS AND OTHERS TO MAKE REPORTS;
PRESERVATION OF RECORDS.
On request of the Department of Labor and Industry, and within the time limited therein,
every employer of labor, any officer of a labor organization, or any person from whom the
Department of Labor and Industry shall find it necessary to gather information, shall make a
certified report to the department, upon blanks furnished by it, of all matters covered by the
request. The names of persons or concerns supplying such information shall not be disclosed.
Every notice, order, or direction given by such department shall be in writing, signed by an
officer or inspector of such department, or a person specially designated for the purpose, and be
served by the signer. Papers so served and all records and documents of the department are
hereby declared public documents and shall not be destroyed within two years after their return or
receipt by such department.
History: (4250) 1913 c 518 s 10; 1986 c 444
175.25 PERSONS AGGRIEVED; POWERS OF DISTRICT COURT.
Within ten days after the service of any order or direction of the Department of Labor and
Industry, any person aggrieved may apply to a judge of the district court for an order restraining
its enforcement, and upon not more than 30 days' notice a hearing may be had before such court,
or before three impartial expert referees appointed by the court, who shall file their report within
ten days after the hearing. The court may alter, annul, or affirm the order or direction complained
of; the decision to be based upon the hearing by the court, or upon the report of the referees. Such
decision shall take the place of the original order. In cases of affirmation, the losing parties shall
pay a reasonable compensation to the referees, to be fixed by the court. In case of decisions
rendered adverse to the order of the Department of Labor and Industry, such compensation shall
be paid out of the appropriation for the support of the department.
History: (4251) 1913 c 518 s 11
175.26 VIOLATION OF LOCAL ORDINANCES.
When the Department of Labor and Industry learns of a violation of a local ordinance for the
protection of employees it shall give written notice thereof to the proper municipal authorities and
take any steps permissible under the ordinances for its enforcement.
History: (4252) 1913 c 518 s 12
175.27 DISCLOSURE OF NAMES OF PERSONS GIVING INFORMATION; REFUSAL
TO TESTIFY; DENYING ADMISSION; PENALTY.
Any employee of the Department of Labor and Industry who shall disclose the names of any
persons supplying information at the request of such department shall be guilty of a misdemeanor.
Any person who, having been duly subpoenaed, shall refuse to attend or testify in any hearing
under the direction of the Department of Labor and Industry shall be guilty of a misdemeanor.
Any owner or occupant of any place of employment who shall refuse to admit thereto any
employee of the department seeking entrance in the discharge of the employee's duties, shall be
guilty of a misdemeanor. Any person, firm, or corporation, or any of its officers or agents, who
or which shall refuse to file with the department such reports as are required by it under the
provisions of sections
shall be guilty of a misdemeanor.
History: (4253) 1913 c 518 s 14; 1917 c 14 s 1; Ex1967 c 1 s 6; 1975 c 348 s 5; 1986 c 444
175.33 PHYSICIANS TO REPORT CERTAIN CASES OF POISON TO THE
Every physician attending on or called in to visit a patient whom the physician believes to
be suffering from poisoning from lead, phosphorus, arsenic, or mercury or their compounds, or
from anthrax, or from compressed air illness, contracted as a result of the nature of the patient's
employment, shall send to the Department of Labor and Industry a notice stating the name and
full postal address and place of employment of the patient and the disease from which, in the
opinion of the physician, the patient is suffering, with such other specific information as may be
required by the department of labor and industry and which may be ascertained by the physician
in the course of duties.
History: (4198) 1913 c 21 s 1; Ex1967 c 1 s 6; 1986 c 444
175.37 COOPERATION WITH U.S.
The Department of Labor and Industry so far as is not inconsistent with its duties under the
laws of this state, may assist and cooperate with the Wage and Hour Division, the Children's
Bureau, and any other authorized agency of the United States Department of Labor in the
administration within this state of the act of Congress known as the Fair Labor Standards Act of
1938, approved June 25, 1938, and amendments thereof. No additional expense shall be incurred
by the department in rendering such assistance and cooperation except upon condition that the
state be reimbursed therefor in accordance with federal laws and regulations and subject to the
applicable laws of this state.
All moneys heretofore or hereafter received from the federal government for such
reimbursement are hereby appropriated to the Department of Labor and Industry to pay the cost
of such assistance and cooperation.
History: 1941 c 68 s 1; Ex1967 c 1 s 6