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Ex. DUT-MN-007 Standing duty Primary source read

Minn. Stat. ch. 182 (2020), Occupational Safety and Health

Minnesota Occupational Safety and Health Act: rights and duties of employers (§ 182.653), rights and duties of employees (§ 182.654), standards (§ 182.655), penalties (§ 182.666), discrimination (§ 182.669)

Minnesota Legislature (Minnesota Occupational Safety and Health Act of 1973, Minn. Stat. ch. 182; administered by the Department of Labor and Industry, MNOSHA, under an approved State plan, 29 U.S.C. § 667) · Minnesota (State)

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The record

Jurisdiction
Minnesota
Level
State
Authority
Minn. Stat. ch. 182
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (every employer in Minnesota, public and private)
Character
workplace duty
Collection
Standing duties: Minnesota DUT-MN

Operative words

Each employer shall furnish to each of its employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or harm to its employees.... Each employer shall comply with occupational safety and health standards or rules promulgated pursuant to this chapter.

Penalty

§ 182.666: willful or repeated violations 'a fine not to exceed $70,000 for each violation' with a $5,000 minimum for a willful violation (subd. 1); serious violations up to $7,000 each and up to $25,000 where a § 182.653 subd. 2 violation 'causes or contributes to the death of an employee' (subd. 2); minimum $50,000 (willful or repeated) or $25,000 total for citations connected to a death (subd. 2a); nonserious violations up to $7,000 (subd. 3); failure to correct (subd. 4); § 182.669 remedies for discrimination including back pay and compensatory damages (recited in EO 20-54 ¶ 6, Ex. MN-020).

What it required

Every Minnesota employer owed its employees a workplace free from recognized hazards likely to cause serious harm, compliance with every adopted standard (including the federal standards adopted by reference in Minn. R. 5205.0010), a written accident and injury reduction program describing 'the methods used to identify, analyze, and control new or existing hazards, conditions, and operations' (subd. 8, AWAIR), and respect for the employee's good-faith right 'to refuse to work under conditions which the employee reasonably believes present an imminent danger of death or serious physical harm' (§ 182.654 subd. 11).

Retrieval note

The whole 2020 chapter is saved. EO 20-40 ¶ 6, EO 20-56 ¶ 7.e, EO 20-74 ¶ 7.e, EO 20-99 ¶ 7.d and EO 21-11 ¶ 7.b each define 'Minnesota OSHA Standards' as 'the Minnesota Occupational Safety and Health Act of 1973, Minnesota Statutes 2019, Chapter 182' and make every Plan implement them; EO 20-54 ¶¶ 1-4 (Ex. MN-020) enforce § 182.654 subds. 8, 9 and 11 and 29 C.F.R. § 1977.9(c) against retaliation for raising COVID-19 concerns, wearing self-procured protective gear or refusing imminently dangerous work. § 182.654 subd. 11 verbatim: 'An employee acting in good faith has the right to refuse to work under conditions which the employee reasonably believes present an imminent danger of death or serious physical harm to the employee.'.