2018 Minnesota Statutes

CHAPTER 175. DEPARTMENT OF LABOR AND INDUSTRY

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 15.06. 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[Repealed, 1969 c 1129 art 8 s 17]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[Repealed, 1977 c 305 s 46]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[Repealed, 1996 c 310 s 1]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 governmental agencies;

(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; and

(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

175.002 [Repealed, 1996 c 310 s 1]

175.003 [Repealed, 1996 c 310 s 1]

175.004 [Repealed, 1996 c 310 s 1]

175.005 [Repealed, 1996 c 310 s 1]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

Subdivision 1.

[Repealed, 2014 c 182 s 8]

Subd. 1a.

[Repealed, 1981 c 346 s 145]

Subd. 2.

[Repealed, 1981 c 346 s 145]

Subd. 3.

[Repealed, 1976 c 134 s 79]

Subd. 4.

[Repealed, 1996 c 310 s 1]

175.0061 [Repealed, 1981 c 346 s 145]

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. This 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, 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 in section 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 reappointed.

(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 15.059.

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 attempted;

(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; 2014 c 286 art 8 s 25

175.008 [Repealed, 2007 c 133 art 2 s 13]

175.01 [Obsolete]

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]

175.08 [Repealed, 2014 c 182 s 8]

175.09 [Repealed, 1981 c 346 s 145]

175.092 [Repealed, Ex1979 c 3 s 70]

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 public records.

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.

(a) 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:

(1) provide for a unified Department of Labor and Industry for the limited purposes of organization and administration of common administrative functions; and

(2) assure the autonomy and maximum independence of the necessary adjudicative functions and quasi-legislative administrative duties of the division.

(b) 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

175.12 [Repealed, 1973 c 388 s 171]

175.13 [Repealed, 1973 c 388 s 171]

175.14 [Repealed, 2014 c 182 s 8]

175.15 [Repealed, 1969 c 9 s 51]

175.16 DIVISIONS.

Subdivision 1.Established.

The Department of Labor and Industry shall consist of the following divisions: Division of Workers' Compensation, Division of Construction Codes and Licensing, Division of Occupational Safety and Health, Division of Statistics, 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 176.106, 176.238, and 176.239 and to approve settlement of claims under section 176.521.

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; 2007 c 140 art 12 s 5

175.17 POWERS AND DUTIES, COMMISSIONER OF DEPARTMENT OF LABOR AND INDUSTRY.

(a) 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 contract tuberculosis.

(b) 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.

(c) 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.

(d) The commissioner shall establish and maintain branch offices as needed for the conduct of the affairs of the Workers' Compensation Division.

(e) The commissioner may:

(1) apply for, receive, and spend money received from federal, municipal, county, regional, and other government agencies and private sources; and

(2) 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 3.195, and 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

175.18 [Repealed, 1975 c 348 s 6]

175.19 [Repealed, 1975 c 348 s 6]

175.20 ENFORCEMENT.

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

175.21 [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.

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 [Repealed, 2014 c 182 s 8]

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 175.24 to 175.27 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

175.28 [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.

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

175.34 [Repealed, 1996 c 310 s 1]

175.35 ENFORCEMENT.

It shall be the duty of the Department of Labor and Industry to enforce the provisions of section 175.33 and it may call upon the state commissioner of health and community health boards as defined in section 145A.02, subdivision 5, for assistance.

History:

(4200) 1913 c 21 s 3; Ex1967 c 1 s 6; 1982 c 424 s 44; 1987 c 309 s 24; 2008 c 277 art 1 s 26; 2014 c 291 art 7 s 28

175.36 [Repealed, 1983 c 290 s 173]

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

175.38 [Repealed, 1973 c 721 s 16]

175.39 [Repealed, 1973 c 721 s 16]

175.45 STANDARDS FOR DUAL TRAINING.

Subdivision 1.Duties; goal.

The commissioner of labor and industry shall convene industry representatives, identify occupational competency standards, and provide technical assistance to develop dual-training programs. The competency standards shall be identified for employment in occupations in advanced manufacturing, health care services, information technology, and agriculture. Competency standards are not rules and are exempt from the rulemaking provisions of chapter 14, and the provisions in section 14.386 concerning exempt rules do not apply.

Subd. 2.Definitions.

For purposes of this section, the following terms have the meanings given them:

(1) "competency standards" means the specific knowledge and skills necessary for a particular occupation; and

(2) "dual-training program" means an employment-based earn-as-you-learn program where the trainee is employed by a participating employer and receives structured on-the-job training and technical instruction in accordance with the competency standards.

Subd. 3.Competency standards identification process.

In identifying competency standards, the commissioner shall consult with the commissioner of the Office of Higher Education and the commissioner of employment and economic development and convene recognized industry experts, representative employers, higher education institutions, representatives of the disabled community, and representatives of labor to assist in identifying credible competency standards. Competency standards must be consistent with, to the extent available and practical, recognized international and national standards.

Subd. 4.Duties.

The commissioner shall:

(1) convene industry representatives to identify, develop, and implement dual-training programs;

(2) identify competency standards for entry-level and higher skill levels;

(3) verify the competency standards and skill levels and their transferability by subject matter expert representatives of each respective industry;

(4) develop models for Minnesota educational institutions to engage in providing education and training to meet the competency standards established;

(5) encourage participation by employers and labor in the competency standard identification process for occupations in their industry;

(6) align dual-training programs with other workforce initiatives; and

(7) provide technical assistance to develop dual-training programs.

Subd. 5.Notification.

The commissioner must communicate identified competency standards to the commissioner of the Office of Higher Education for the purpose of the dual-training competency grant program under section 136A.246. The commissioner of labor and industry shall maintain the competency standards on the department's website.

History:

2015 c 69 art 3 s 18; 2016 c 86 s 2; 2017 c 94 art 2 s 1

175.46 YOUTH SKILLS TRAINING PROGRAM.

Subdivision 1.Program established; grants authorized.

The commissioner shall approve youth skills training programs established for the purpose of providing work-based skills training for student learners ages 16 and older. The commissioner shall award grants to local partnerships for the implementation and coordination of local youth skills training programs as provided in this section.

Subd. 2.Definitions.

(a) For purposes of this section, the terms in this subdivision have the meanings given.

(b) "School district" means a school district or charter school.

(c) "Local partnership" means a school district, nonpublic school, intermediate school district, or postsecondary institution, in partnership with other school districts, nonpublic schools, intermediate school districts, postsecondary institutions, workforce development authorities, economic development authorities, nonprofit organizations, labor unions, or individuals who have an agreement with one or more local employers to be responsible for implementing and coordinating a local youth skills training program.

(d) "Student learner" means a student who is both enrolled in a course of study at a public or nonpublic school to obtain related instruction for academic credit and is employed under a written agreement to obtain on-the-job skills training under a youth skills training program approved under this section.

(e) "Commissioner" means the commissioner of labor and industry.

Subd. 3.Duties.

(a) The commissioner shall:

(1) approve youth skills training programs in high-growth, high-demand occupations that provide:

(i) that the work of the student learner in the occupations declared particularly hazardous shall be incidental to the training;

(ii) that the work shall be intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person;

(iii) that safety instruction shall be provided to the student learner and may be given by the school and correlated by the employer with on-the-job training;

(iv) a schedule of organized and progressive work processes to be performed on the job;

(v) a schedule of wage rates in compliance with section 177.24; and

(vi) whether the student learner will obtain secondary school academic credit, postsecondary credit, or both, for the training program;

(2) approve occupations and maintain a list of approved occupations for programs under this section;

(3) issue requests for proposals for grants;

(4) work with individuals representing industry and labor to develop new youth skills training programs;

(5) develop model program guides;

(6) monitor youth skills training programs;

(7) provide technical assistance to local partnership grantees;

(8) work with providers to identify paths for receiving postsecondary credit for participation in the youth skills training program; and

(9) approve other activities as necessary to implement the program.

(b) The commissioner shall collaborate with stakeholders, including, but not limited to, representatives of secondary school institutions, career and technical education instructors, postsecondary institutions, businesses, and labor, in developing youth skills training programs, and identifying and approving occupations and competencies for youth skills training programs.

Subd. 4.Training agreement.

Each student learner shall sign a written training agreement on a form prescribed by the commissioner. Each agreement shall contain the name of the student learner, and be signed by the employer, the school coordinator or administrator, and the student learner, or if the student learner is a minor, by the student's parent or legal guardian. Copies of each agreement shall be kept on file by both the school and the employer.

Subd. 5.Program approval.

The commissioner may grant exemptions from the provisions of chapter 181A for student learners participating in youth skills training programs approved by the commissioner under this section. The approval of a youth skills training program will be reviewed annually. The approval of a youth skills training program may be revoked at any time if the commissioner finds that:

(1) all provisions of subdivision 3 have not been met in the previous year; or

(2) reasonable precautions have not been observed for the safety of minors.

The commissioner shall maintain and annually update a list of occupations and tasks suitable for student learners in compliance with federal law.

Subd. 6.Interactions with education finance.

(a) For the purpose of computing state aids for the enrolling school district, the hours a student learner participates in a youth skills training program under this section must be counted in the student's hours of average daily membership under section 126C.05.

(b) Educational expenses for a participating student learner must be included in the enrolling district's career and technical revenue as provided under section 124D.4531.

Subd. 7.Academic credit.

A school district may grant academic credit to student learners participating in youth skills training programs under this section in accordance with local requirements.

Subd. 8.Postsecondary credit.

A postsecondary institution may award postsecondary credit to a student learner who successfully completes a youth skills training program.

Subd. 9.Work-based learning program.

A youth skills training program shall qualify as a work-based learning program if it meets requirements for a career and technical education program and is supervised by a qualified teacher with appropriate licensure for a work-based learning teacher-coordinator.

Subd. 10.School coordinator.

Unless otherwise required for a work-based learning program, a youth skills training program may be supervised by a qualified teacher or by an administrator as determined by the school district.

Subd. 11.Other apprenticeship programs.

(a) This section shall not affect programs under section 124D.47.

(b) A registered apprenticeship program governed by chapter 178 may grant credit toward the completion of a registered apprenticeship for the successful completion of a youth skills training program under this section.

Subd. 12.Grant applications.

(a) Applications for grants must be made to the commissioner on a form provided by the commissioner.

(b) A local partnership may apply for a grant and shall include in its grant application:

(1) the identity of each school district, public agency, nonprofit organization, or individual who is a participant in the local partnership;

(2) the identity of each employer who is a participant in the local partnership and the amount of matching funds provided by each employer, if any;

(3) a plan to accomplish the implementation and coordination of activities specified in this subdivision; and

(4) the identity of a fiscal agent responsible for receiving, managing, and accounting for the grant.

Subd. 13.Grant awards.

(a) A local partnership awarded a grant under this section must use the grant award for any of the following implementation and coordination activities:

(1) recruiting additional employers to provide on-the-job training and supervision for student learners and providing technical assistance to those employers;

(2) recruiting students to participate in the local youth skills training program, monitoring the progress of student learners participating in the program, and monitoring program outcomes;

(3) coordinating youth skills training activities within participating school districts and among participating school districts, postsecondary institutions, and employers;

(4) coordinating academic, vocational and occupational learning, school-based and work-based learning, and secondary and postsecondary education for participants in the local youth skills training program;

(5) coordinating transportation for student learners participating in the local youth skills training program; and

(6) any other implementation or coordination activity that the commissioner may direct or permit the local partnership to perform.

(b) Grant awards may not be used to directly or indirectly pay the wages of a student learner.

Subd. 14.Outcomes.

The following outcomes are expected of a local youth skills training program:

(1) at least 80 percent of the student learners who participate in a youth skills training program receive a high school diploma when eligible upon completion of the training program; and

(2) at least 60 percent of the student learners who participate in a youth skills training program receive a recognized credential upon completion of the training program.

Subd. 15.Reporting.

(a) By February 1, 2019, and annually thereafter, the commissioner shall report on the activity and outcomes of the program for the preceding fiscal year to the chairs of the legislative committees with jurisdiction over jobs and economic growth policy and finance. At a minimum, the report must include:

(1) the number of student learners who commenced the training program and the number who completed the training program; and

(2) recommendations, if any, for changes to the program.

(b) The initial report shall include a detailed description of the differences between the state and federal systems in child safety standards.

History:

2017 c 94 art 2 s 2