The COVID Project
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
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 noteThe 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.'.