| 167 | | - | S0207-1 1st EngrossmentSF207 REVISOR SS 6.1 Subd. 2.Program elements.(a) The committee must establish written procedures to |
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| 168 | | - | 6.2identify ergonomic hazards and contributing risk factors, which must include: |
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| 169 | | - | 6.3 (1) the ergonomic assessment tools used to measure ergonomic hazards; |
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| 170 | | - | 6.4 (2) all jobs where the committee has an indication or knowledge that ergonomic hazards |
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| 171 | | - | 6.5may exist; and |
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| 172 | | - | 6.6 (3) workers who perform the same job or a sample of workers in that job who have the |
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| 173 | | - | 6.7greatest exposure to the ergonomic hazard. |
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| 174 | | - | 6.8 (b) The committee must conduct ergonomic assessments to identify hazards and |
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| 175 | | - | 6.9contributing risk factors; review all surveillance data at least quarterly to identify ergonomic |
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| 176 | | - | 6.10hazards and contributing risk factors; and maintain records of the hazard identification |
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| 177 | | - | 6.11process, which, at a minimum, must include the completed ergonomic assessment tools, |
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| 178 | | - | 6.12the results of the ergonomic assessments including the jobs and workers evaluated, and the |
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| 179 | | - | 6.13assessment dates. |
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| 180 | | - | 6.14 (c) The committee must implement a written ergonomic hazard prevention and control |
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| 181 | | - | 6.15plan to identify and select methods to eliminate, prevent, or control the ergonomic hazards |
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| 182 | | - | 6.16and contributing risk factors. The plan must: |
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| 183 | | - | 6.17 (1) set goals, priorities, and a timeline to eliminate, prevent, or control the ergonomic |
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| 184 | | - | 6.18hazards and contributing risk factors identified; |
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| 185 | | - | 6.19 (2) identify the person or persons responsible for ergonomic hazard assessments and |
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| 186 | | - | 6.20implementation of controls; |
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| 187 | | - | 6.21 (3) rely upon the surveillance data and the ergonomic risk assessment results; and |
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| 188 | | - | 6.22 (4) take into consideration the severity of the risk, the numbers of workers at risk, and |
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| 189 | | - | 6.23the likelihood that the intervention will reduce the risk. |
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| 190 | | - | 6.24 (d) A meat-processing employer must control, reduce, or eliminate ergonomic hazards |
|---|
| 191 | | - | 6.25which lead to musculoskeletal disorders to the extent feasible by using engineering, work |
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| 192 | | - | 6.26practice, and administrative controls. |
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| 193 | | - | 6.27 (e) The committee must monitor at least annually the implementation of the plan including |
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| 194 | | - | 6.28the effectiveness of controls and evaluate progress in meeting program goals. |
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| 195 | | - | 6.29 Subd. 3.New employee training.(a) A meat-processing employer must work with the |
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| 196 | | - | 6.30committee to provide each new employee with information regarding: |
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| 197 | | - | 6.31 (1) the committee and its members; |
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| 198 | | - | 6Sec. 7. |
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| 199 | | - | S0207-1 1st EngrossmentSF207 REVISOR SS 7.1 (2) the facility's workplace accident and injury reduction program under section 182.653, |
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| 200 | | - | 7.2subdivision 8, as well as any other hazard prevention and control plan the facility may have; |
|---|
| 201 | | - | 7.3 (3) early signs and symptoms of musculoskeletal injuries and the procedures for reporting |
|---|
| 202 | | - | 7.4them; |
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| 203 | | - | 7.5 (4) procedures for reporting other injuries and hazards; |
|---|
| 204 | | - | 7.6 (5) engineering and administrative hazard controls implemented in the workplace, |
|---|
| 205 | | - | 7.7including ergonomic hazard controls; and |
|---|
| 206 | | - | 7.8 (6) how to use personal protective equipment, and where it is located. |
|---|
| 207 | | - | 7.9 (b) A meat-processing employer must work with the committee and ensure that new |
|---|
| 208 | | - | 7.10workers receive safety training prior to starting a job that the worker has not performed |
|---|
| 209 | | - | 7.11before. The employer must provide the safety training during working hours and compensate |
|---|
| 210 | | - | 7.12the new employee at the employee's standard rate of pay. The employer also must give a |
|---|
| 211 | | - | 7.13new employee an opportunity within 30 days of the employee's hire date to receive a refresher |
|---|
| 212 | | - | 7.14training on the topics covered in the new worker safety training. The employer must provide |
|---|
| 213 | | - | 7.15new employee training in a language and with vocabulary that the employee can understand. |
|---|
| 214 | | - | 7.16 Subd. 4.New task and annual safety training.(a) Meat-processing employers must |
|---|
| 215 | | - | 7.17provide every worker who is assigned a new task if the worker has no previous work |
|---|
| 216 | | - | 7.18experience with training on how to safely perform the task, the ergonomic and other hazards |
|---|
| 217 | | - | 7.19associated with the task, and training on the early signs and symptoms of musculoskeletal |
|---|
| 218 | | - | 7.20injuries and the procedures for reporting them. The employer must give a worker an |
|---|
| 219 | | - | 7.21opportunity within 30 days of receiving the new task training to receive refresher training |
|---|
| 220 | | - | 7.22on the topics covered in the new task training. The employer must provide this training in |
|---|
| 221 | | - | 7.23a language and with vocabulary that the employee can understand. |
|---|
| 222 | | - | 7.24 (b) Meat-processing employers must provide each worker with no less than eight hours |
|---|
| 223 | | - | 7.25of safety training each year. This annual training must address health and safety topics that |
|---|
| 224 | | - | 7.26are relevant to the establishment and the worker's job assignment, such as cuts, lacerations, |
|---|
| 225 | | - | 7.27amputations, machine guarding, biological hazards, lockout/tagout, hazard communication, |
|---|
| 226 | | - | 7.28ergonomic hazards, and personal protective equipment. At least two of the eight hours of |
|---|
| 227 | | - | 7.29annual training must be on topics related to the facility's ergonomic injury prevention |
|---|
| 228 | | - | 7.30program, including the assessment of surveillance data, the ergonomic hazard prevention |
|---|
| 229 | | - | 7.31and control plan, and the early signs and symptoms of musculoskeletal disorders and the |
|---|
| 230 | | - | 7.32procedures for reporting them. The employer must provide this training in a language and |
|---|
| 231 | | - | 7.33with vocabulary that the employee can understand. |
|---|
| 232 | | - | 7Sec. 7. |
|---|
| 233 | | - | S0207-1 1st EngrossmentSF207 REVISOR SS 8.1 Subd. 5.Attestation and record keeping.Meat-processing employers must maintain |
|---|
| 234 | | - | 8.2a written attestation dated and signed by each person who provides training and each |
|---|
| 235 | | - | 8.3employee who receives training pursuant to this section. The attestation completed by the |
|---|
| 236 | | - | 8.4training provider must certify that the employer has provided training consistent with the |
|---|
| 237 | | - | 8.5requirements of this section. The employer must ensure that these records are up to date |
|---|
| 238 | | - | 8.6and available to the commissioner, the coordinator, and the authorized employee |
|---|
| 239 | | - | 8.7representative upon request. |
|---|
| 240 | | - | 8.8 Subd. 6.Medical services and qualifications.(a) Meat-processing employers must |
|---|
| 241 | | - | 8.9ensure that: |
|---|
| 242 | | - | 8.10 (1) all first-aid providers, medical assistants, nurses, and physicians engaged by the |
|---|
| 243 | | - | 8.11employer are licensed and perform their duties within the scope of their licensed practice; |
|---|
| 244 | | - | 8.12 (2) medical management of musculoskeletal disorders is under direct supervision of a |
|---|
| 245 | | - | 8.13licensed physician specializing in occupational medicine who will advise on best practices |
|---|
| 246 | | - | 8.14for management and prevention of work-related musculoskeletal disorders; and |
|---|
| 247 | | - | 8.15 (3) medical management of musculoskeletal injuries follows the most current version |
|---|
| 248 | | - | 8.16of the American College of Occupational and Environmental Medicine practice guidelines. |
|---|
| 249 | | - | 8.17 (b) Meat-processing employers must make a record of all worker visits to medical or |
|---|
| 250 | | - | 8.18first aid personnel, regardless of severity or type of illness or injury, and make a redacted |
|---|
| 251 | | - | 8.19version of these records available to the coordinator and the authorized employee |
|---|
| 252 | | - | 8.20representative. The name, contact information, and occupation of an employee, and any |
|---|
| 253 | | - | 8.21other information that would reveal the identity of an employee, must be removed in the |
|---|
| 254 | | - | 8.22redacted version. The redacted version must only include, to the extent it would not reveal |
|---|
| 255 | | - | 8.23identity of an employee, the location where the employee worked, the date of the injury or |
|---|
| 256 | | - | 8.24visit, a description of the medical treatment or first aid provided, and a description of the |
|---|
| 257 | | - | 8.25injury suffered. The employer must make an unredacted version of the records available to |
|---|
| 258 | | - | 8.26the commissioner and the authorized employee representative upon their request. |
|---|
| 259 | | - | 8.27 (c) Meat-processing employers must maintain records of all ergonomic injuries suffered |
|---|
| 260 | | - | 8.28by workers for at least five years. |
|---|
| 261 | | - | 8.29 (d) The coordinator may compile, analyze, and publish annually, either in summary or |
|---|
| 262 | | - | 8.30detailed form, all reports or information obtained under sections 179.87 to 179.8757, |
|---|
| 263 | | - | 8.31including information about safe worker programs, and may cooperate with the United |
|---|
| 264 | | - | 8.32States Department of Labor in obtaining national summaries of occupational deaths, injuries, |
|---|
| 265 | | - | 8.33and illnesses. The coordinator and authorized employee representative must preserve the |
|---|
| 266 | | - | 8.34anonymity of each employee with respect to whom medical reports or information is obtained. |
|---|
| 267 | | - | 8Sec. 7. |
|---|
| 268 | | - | S0207-1 1st EngrossmentSF207 REVISOR SS 9.1 (e) Meat-processing employers must not institute or maintain any program, policy, or |
|---|
| 269 | | - | 9.2practice that discourages employees from reporting injuries, hazards, or safety standard |
|---|
| 270 | | - | 9.3violations, unless the employee authorizes his or her information be shared. |
|---|
| 271 | | - | 9.4 Subd. 7.Pandemic protections.(a) This subdivision applies during a public health |
|---|
| 272 | | - | 9.5emergency that involves airborne transmission. |
|---|
| 273 | | - | 9.6 (b) Meat-processing employers must maintain a radius of space around and between |
|---|
| 274 | | - | 9.7each worker according to the Centers for Disease Control and Prevention guidelines unless |
|---|
| 275 | | - | 9.8a nonporous barrier separates the workers. An employer may accomplish such distancing |
|---|
| 276 | | - | 9.9by increasing physical space between workstations, slowing production speeds, staggering |
|---|
| 277 | | - | 9.10shifts and breaks, adjusting shift size, or a combination thereof. The employer must |
|---|
| 278 | | - | 9.11reconfigure common or congregate spaces to allow for such distancing, including lunch |
|---|
| 279 | | - | 9.12rooms, break rooms, and locker rooms. The employer must reinforce social distancing by |
|---|
| 280 | | - | 9.13allowing workers to maintain six feet of distance along with the use of nonporous barriers. |
|---|
| 281 | | - | 9.14 (c) Meat-processing employers must provide employees with face masks and must make |
|---|
| 282 | | - | 9.15face shields available on request. Face masks, including replacement face masks, and face |
|---|
| 283 | | - | 9.16shields must be provided at no cost to the employee. All persons present at the meatpacking |
|---|
| 284 | | - | 9.17operation must wear face masks in the facility except in those parts of the facility where |
|---|
| 285 | | - | 9.18infection risk is low because workers work in isolation. |
|---|
| 286 | | - | 9.19 (d) Meat-processing employers must provide all meat-processing workers with the ability |
|---|
| 287 | | - | 9.20to frequently and routinely sanitize their hands with either hand-washing or hand-sanitizing |
|---|
| 288 | | - | 9.21stations. The employer must ensure that restrooms have running hot and cold water and |
|---|
| 289 | | - | 9.22paper towels and are in sanitary condition. The employer must provide gloves to those who |
|---|
| 290 | | - | 9.23request them. |
|---|
| 291 | | - | 9.24 (e) Meat-processing employers must clean and regularly disinfect all frequently touched |
|---|
| 292 | | - | 9.25surfaces in the workplace, such as workstations, training rooms, machinery controls, tools, |
|---|
| 293 | | - | 9.26protective garments, eating surfaces, bathrooms, showers, and other similar areas. Employers |
|---|
| 294 | | - | 9.27must install and maintain ventilation systems that ensure unidirectional air flow, outdoor |
|---|
| 295 | | - | 9.28air, and filtration in both production areas and common areas such as cafeterias and locker |
|---|
| 296 | | - | 9.29rooms. |
|---|
| 297 | | - | 9.30 (f) Meat-processing employers must disseminate all required communications, notices, |
|---|
| 298 | | - | 9.31and any published materials regarding these protections in English, Spanish, and other |
|---|
| 299 | | - | 9.32languages as required for employees to understand the communication. |
|---|
| 300 | | - | 9.33 (g) Meat-processing employers must provide adequate break time for workers to use |
|---|
| 301 | | - | 9.34the bathroom, wash their hands, and don and doff protective equipment. |
|---|
| 302 | | - | 9Sec. 7. |
|---|
| 303 | | - | S0207-1 1st EngrossmentSF207 REVISOR SS 10.1 (h) Meat-processing employers must provide sufficient personal protective equipment |
|---|
| 304 | | - | 10.2for each employee for each shift, plus replacements, at no cost to the employee. |
|---|
| 305 | | - | 10.3Meat-processing employers must provide training in proper use of personal protective |
|---|
| 306 | | - | 10.4equipment, safety procedures, and sanitation. |
|---|
| 307 | | - | 10.5 (i) Meat-processing employers must record all injuries and illnesses in the facility and |
|---|
| 308 | | - | 10.6make these records available upon request to the health and safety committee. The name, |
|---|
| 309 | | - | 10.7contact information, and occupation of an employee, and any other information that would |
|---|
| 310 | | - | 10.8reveal the identity of an employee, must be removed. The redacted records must only include, |
|---|
| 311 | | - | 10.9to the extent it would not reveal identity of an employee, the location where the employee |
|---|
| 312 | | - | 10.10worked, the date of the injury or visit, a description of the medical treatment or first aid |
|---|
| 313 | | - | 10.11provided, and a description of the injury suffered. The employer also must make its records |
|---|
| 314 | | - | 10.12available to the commissioner, and where there is a collective bargaining agreement, to the |
|---|
| 315 | | - | 10.13authorized bargaining representative. |
|---|
| 316 | | - | 10.14 (j) Meat-processing employers must provide paid sick time for workers to recuperate |
|---|
| 317 | | - | 10.15from illness or injury or to care for ill family members. For purposes of this paragraph, |
|---|
| 318 | | - | 10.16"family member" includes: |
|---|
| 319 | | - | 10.17 (1) biological, adopted, or foster children, stepchildren, children of domestic partners |
|---|
| 320 | | - | 10.18or spouses, and legal wards of workers; |
|---|
| 321 | | - | 10.19 (2) biological parents, stepparents, foster parents, adoptive parents, or legal guardians |
|---|
| 322 | | - | 10.20of a worker or a worker's spouse or domestic partner; |
|---|
| 323 | | - | 10.21 (3) a worker's legally married spouse or domestic partner as registered under the laws |
|---|
| 324 | | - | 10.22of any state or political subdivision; |
|---|
| 325 | | - | 10.23 (4) a worker's grandparent, whether from a biological, step-, foster, or adoptive |
|---|
| 326 | | - | 10.24relationship; |
|---|
| 327 | | - | 10.25 (5) a worker's grandchild, whether from a biological, step-, foster, or adoptive |
|---|
| 328 | | - | 10.26relationship; |
|---|
| 329 | | - | 10.27 (6) a worker's sibling, whether from a biological, step-, foster, or adoptive relationship; |
|---|
| 330 | | - | 10.28and |
|---|
| 331 | | - | 10.29 (7) any other individual related by blood or affinity to the worker whose association |
|---|
| 332 | | - | 10.30with the worker is the equal of a family relationship. |
|---|
| 333 | | - | 10.31 (k) All meat-processing workers must accrue at least one hour of paid sick time for every |
|---|
| 334 | | - | 10.3230 hours worked. For purposes of this paragraph, paid sick time means time that is |
|---|
| 335 | | - | 10Sec. 7. |
|---|
| 336 | | - | S0207-1 1st EngrossmentSF207 REVISOR SS 11.1compensated at the same hourly rate, including the same benefits, as is normally earned by |
|---|
| 337 | | - | 11.2the worker. |
|---|
| 338 | | - | 11.3 (l) Meat-processing employers may provide all paid sick time a worker is expected to |
|---|
| 339 | | - | 11.4accrue at the beginning of the year or at the start of the worker's employment. |
|---|
| 340 | | - | 11.5 (m) Meat-processing employers must carry an employee's earned paid sick time over |
|---|
| 341 | | - | 11.6into the following calendar year. If a worker does not wish to carry over sick time, the |
|---|
| 342 | | - | 11.7meat-processing employer must pay the worker for accrued sick time. If a worker chooses |
|---|
| 343 | | - | 11.8to receive pay in lieu of carried-over sick time, the employer must provide the worker with |
|---|
| 344 | | - | 11.9an amount of paid sick time that meets or exceeds the requirements of sections 179.87 to |
|---|
| 345 | | - | 11.10179.8757, to be available for the worker's immediate use at the start of the following calendar |
|---|
| 346 | | - | 11.11year. |
|---|
| 347 | | - | 11.12 (n) Meat-processing employers must maintain records for at least three years showing |
|---|
| 348 | | - | 11.13hours worked and paid sick time accrued and used by workers. Employers must allow the |
|---|
| 349 | | - | 11.14commissioner and coordinator access to these records in order to ensure compliance with |
|---|
| 350 | | - | 11.15the requirements of sections 179.87 to 179.8757. |
|---|
| 351 | | - | 11.16 (o) If a meat-processing employer transfers a worker to another division or location of |
|---|
| 352 | | - | 11.17the same meat-processing employer, the worker is entitled to all earned paid sick time |
|---|
| 353 | | - | 11.18accrued in the worker's previous position. If a worker is separated from employment and |
|---|
| 354 | | - | 11.19rehired within one year by the same meat-processing employer, the meat-processing employer |
|---|
| 355 | | - | 11.20must reinstate the worker's earned sick time to the level accrued by the worker as of the |
|---|
| 356 | | - | 11.21date of separation. |
|---|
| 357 | | - | 11.22 (p) If a meat-processing employer is succeeded by a different employer, all workers of |
|---|
| 358 | | - | 11.23the original employer are entitled to all earned paid sick time they accrued when employed |
|---|
| 359 | | - | 11.24by the original employer. |
|---|
| 360 | | - | 11.25 (q) Meat-processing employers must not require workers to find or search for a |
|---|
| 361 | | - | 11.26replacement worker to take the place of the worker as a condition of the worker using paid |
|---|
| 362 | | - | 11.27sick time. |
|---|
| 363 | | - | 11.28 (r) Meat-processing employers must not require workers to disclose details of private |
|---|
| 364 | | - | 11.29matters as a condition of using paid sick time, including details of a worker or family |
|---|
| 365 | | - | 11.30member's illness, domestic violence, sexual abuse or assault, or stalking and harassment. |
|---|
| 366 | | - | 11.31If the employer does possess such information, it must be treated as confidential and not |
|---|
| 367 | | - | 11.32disclosed without the express permission of the worker. |
|---|
| 368 | | - | 11Sec. 7. |
|---|
| 369 | | - | S0207-1 1st EngrossmentSF207 REVISOR SS 12.1 (s) Meat-processing employers must provide workers written notice of their rights and |
|---|
| 370 | | - | 12.2the employer's requirements under this section at the time the worker begins employment. |
|---|
| 371 | | - | 12.3This notice must be provided in English, Spanish, or the employee's language of fluency. |
|---|
| 372 | | - | 12.4The amount of paid sick time a worker has accrued, the amount of paid sick time a worker |
|---|
| 373 | | - | 12.5has used during the current year, and the amount of pay the worker has received as paid |
|---|
| 374 | | - | 12.6sick time must be recorded on or attached to the worker's paycheck. Meat-processing |
|---|
| 375 | | - | 12.7employers must display a poster in a conspicuous location in each facility where workers |
|---|
| 376 | | - | 12.8are employed that displays the information required under this paragraph. The poster must |
|---|
| 377 | | - | 12.9be displayed in English and any language of fluency that is read or spoken by at least five |
|---|
| 378 | | - | 12.10percent of the employer's workers. |
|---|
| 379 | | - | 12.11 (t) Nothing in this subdivision shall be construed to: |
|---|
| 380 | | - | 12.12 (1) prohibit or discourage an employer from adopting or retaining a paid sick time policy |
|---|
| 381 | | - | 12.13that is more generous than the one provided in this subdivision; |
|---|
| 382 | | - | 12.14 (2) diminish the obligation of an employer to comply with a collective bargaining |
|---|
| 383 | | - | 12.15agreement, or any other contract that provides more generous paid sick time to a worker |
|---|
| 384 | | - | 12.16than provided for in this subdivision; or |
|---|
| 385 | | - | 12.17 (3) override any provision of local law that provides greater rights for paid sick time |
|---|
| 386 | | - | 12.18than is provided for in this subdivision. |
|---|
| 387 | | - | 12.19Sec. 8. [179.8757] NOTIFICATION REQUIRED. |
|---|
| 388 | | - | 12.20 (a) Meat-processing employers must provide written information and notifications about |
|---|
| 389 | | - | 12.21employee rights under section 179.86 and sections 179.87 to 179.8757 to workers in their |
|---|
| 390 | | - | 12.22language of fluency at least annually. If a worker is unable to understand written information |
|---|
| 391 | | - | 12.23and notifications, the employer must provide such information and notices orally in the |
|---|
| 392 | | - | 12.24worker's language of fluency. |
|---|
| 393 | | - | 12.25 (b) The coordinator must notify covered employers of the provisions of sections 179.87 |
|---|
| 394 | | - | 12.26to 179.8757 and any recent updates at least annually. |
|---|
| 395 | | - | 12.27 (c) The coordinator must place information explaining sections 179.87 to 179.8757 on |
|---|
| 396 | | - | 12.28the Department of Labor and Industry's website in at least English, Spanish, and any other |
|---|
| 397 | | - | 12.29language that at least ten percent of meat-processing workers communicate in fluently. The |
|---|
| 398 | | - | 12.30coordinator must also make the information accessible to persons with impaired visual |
|---|
| 399 | | - | 12.31acuity. |
|---|
| 160 | + | 23-01477 as introduced12/22/22 REVISOR SS/RC 6.1a government agency, or to the public, including through print, online, social, or any other |
|---|
| 161 | + | 6.2media. |
|---|
| 162 | + | 6.3 (b) If an employer or other person takes adverse action against a worker or other person |
|---|
| 163 | + | 6.4within 90 days of the worker's or person's engagement or attempt to engage in activities |
|---|
| 164 | + | 6.5protected by sections 179.87 to 179.8757, such conduct raises a presumption that the action |
|---|
| 165 | + | 6.6is retaliatory. The presumption may be rebutted by clear and convincing evidence that the |
|---|
| 166 | + | 6.7action was taken for other permissible reasons. |
|---|
| 167 | + | 6.8 (c) No meat-processing employer or other person may attempt to require any worker to |
|---|
| 168 | + | 6.9sign a contract or other agreement that would limit or prevent the worker from disclosing |
|---|
| 169 | + | 6.10information about workplace health and safety practices or hazards, or to otherwise abide |
|---|
| 170 | + | 6.11by a workplace policy that would limit or prevent such disclosures. Any such agreements |
|---|
| 171 | + | 6.12or policies are hereby void and unenforceable as contrary to the public policy of this state. |
|---|
| 172 | + | 6.13An employer's attempt to impose such a contract, agreement, or policy shall constitute an |
|---|
| 173 | + | 6.14adverse action enforceable under sections 179.87 to 179.8757. |
|---|
| 174 | + | 6.15 (d) Reporting or threatening to report a meat-processing worker's suspected citizenship |
|---|
| 175 | + | 6.16or immigration status, or the suspected citizenship or immigration status of a family member |
|---|
| 176 | + | 6.17of the worker, to a federal, state, or local agency because the worker exercises a right under |
|---|
| 177 | + | 6.18sections 179.87 to 179.8757 constitutes an adverse action for purposes of establishing a |
|---|
| 178 | + | 6.19violation of that worker's rights. For purposes of this paragraph, "family member" means a |
|---|
| 179 | + | 6.20spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild |
|---|
| 180 | + | 6.21related by blood, adoption, marriage, or domestic partnership. |
|---|
| 181 | + | 6.22 (e) Any worker who brings a complaint under sections 179.87 to 179.8757 and suffers |
|---|
| 182 | + | 6.23retaliation is entitled to treble damages in addition to lost pay and recovery of attorney fees |
|---|
| 183 | + | 6.24and costs. |
|---|
| 184 | + | 6.25 (f) Any company who is found to have retaliated against a food processing worker must |
|---|
| 185 | + | 6.26pay a fine of up to $....... to the commissioner. |
|---|
| 186 | + | 6.27 Sec. 8. [179.8756] MEATPACKING WORKER CHRONIC INJURIES AND |
|---|
| 187 | + | 6.28WORKPLACE SAFETY. |
|---|
| 188 | + | 6.29 Subdivision 1.Safe worker program required; facility committee.(a) Meat-processing |
|---|
| 189 | + | 6.30employers must adopt a safe worker program as part of the employer's work accident and |
|---|
| 190 | + | 6.31injury reduction program to minimize and prevent musculoskeletal disorders. For purposes |
|---|
| 191 | + | 6.32of this section, "musculoskeletal disorders" includes carpal tunnel syndrome, tendinitis, |
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| 192 | + | 6.33rotator cuff injuries, trigger finger, epicondylitis, muscle strains, and lower back injuries. |
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| 193 | + | 6Sec. 8. |
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| 194 | + | 23-01477 as introduced12/22/22 REVISOR SS/RC 7.1 (b) The meat-processing employer's safe worker program must be developed and |
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| 195 | + | 7.2implemented by a committee of individuals who are knowledgeable of the tasks and work |
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| 196 | + | 7.3processes performed by workers at the employer's facility. The committee must include: |
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| 197 | + | 7.4 (1) a certified professional ergonomist; |
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| 198 | + | 7.5 (2) a licensed, board-certified physician, with preference given to a physician who has |
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| 199 | + | 7.6specialized experience and training in occupational medicine, or if it is not practicable for |
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| 200 | + | 7.7a physician to be a member of the committee, the employer must ensure that its safe worker |
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| 201 | + | 7.8program is reviewed and approved by a licensed, board-certified physician, with preference |
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| 202 | + | 7.9given to a physician who has specialized experience and training in occupational medicine; |
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| 203 | + | 7.10and |
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| 204 | + | 7.11 (3) at least three workers employed in the employer's facility who have completed a |
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| 205 | + | 7.12general industry outreach course approved by the commissioner, one of whom must be an |
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| 206 | + | 7.13authorized employee representative if the employer is party to a collective bargaining |
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| 207 | + | 7.14agreement. |
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| 208 | + | 7.15 Subd. 2.Program elements.(a) The committee must establish written procedures to |
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| 209 | + | 7.16identify ergonomic hazards and contributing risk factors, which must include: |
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| 210 | + | 7.17 (1) the ergonomic assessment tools used to measure ergonomic hazards; |
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| 211 | + | 7.18 (2) all jobs where the committee has an indication or knowledge that ergonomic hazards |
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| 212 | + | 7.19may exist; and |
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| 213 | + | 7.20 (3) workers who perform the same job or a sample of workers in that job who have the |
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| 214 | + | 7.21greatest exposure to the ergonomic hazard. |
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| 215 | + | 7.22 (b) The committee must conduct ergonomic assessments to identify hazards and |
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| 216 | + | 7.23contributing risk factors; review all surveillance data at least quarterly to identify ergonomic |
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| 217 | + | 7.24hazards and contributing risk factors; and maintain records of the hazard identification |
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| 218 | + | 7.25process, which, at a minimum, must include the completed ergonomic assessment tools, |
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| 219 | + | 7.26the results of the ergonomic assessments including the jobs and workers evaluated, and the |
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| 220 | + | 7.27assessment dates. |
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| 221 | + | 7.28 (c) The committee must implement a written ergonomic hazard prevention and control |
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| 222 | + | 7.29plan to identify and select methods to eliminate, prevent, or control the ergonomic hazards |
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| 223 | + | 7.30and contributing risk factors. The plan must: |
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| 224 | + | 7.31 (1) set goals, priorities, and a timeline to eliminate, prevent, or control the ergonomic |
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| 225 | + | 7.32hazards and contributing risk factors identified; |
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| 226 | + | 7Sec. 8. |
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| 227 | + | 23-01477 as introduced12/22/22 REVISOR SS/RC 8.1 (2) identify the person or persons responsible for ergonomic hazard assessments and |
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| 228 | + | 8.2implementation of controls; |
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| 229 | + | 8.3 (3) rely upon the surveillance data and the ergonomic risk assessment results; and |
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| 230 | + | 8.4 (4) take into consideration the severity of the risk, the numbers of workers at risk, and |
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| 231 | + | 8.5the likelihood that the intervention will reduce the risk. |
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| 232 | + | 8.6 (d) A meat-processing employer must control, reduce, or eliminate ergonomic hazards |
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| 233 | + | 8.7which lead to musculoskeletal disorders to the extent feasible by using engineering, work |
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| 234 | + | 8.8practice, and administrative controls. |
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| 235 | + | 8.9 (e) The committee must monitor at least annually the implementation of the plan including |
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| 236 | + | 8.10the effectiveness of controls and evaluate progress in meeting program goals. |
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| 237 | + | 8.11 Subd. 3.New employee training.(a) A meat-processing employer must work with the |
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| 238 | + | 8.12committee to provide each new employee with information regarding: |
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| 239 | + | 8.13 (1) the committee and its members; |
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| 240 | + | 8.14 (2) the facility's hazard prevention and control plan; |
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| 241 | + | 8.15 (3) early signs and symptoms of musculoskeletal injuries and the procedures for reporting |
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| 242 | + | 8.16them; |
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| 243 | + | 8.17 (4) procedures for reporting other injuries and hazards; |
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| 244 | + | 8.18 (5) engineering and administrative hazard controls implemented in the workplace, |
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| 245 | + | 8.19including ergonomic hazard controls; and |
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| 246 | + | 8.20 (6) the availability and use of personal protective equipment. |
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| 247 | + | 8.21 (b) A meat-processing employer must work with the committee and ensure that new |
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| 248 | + | 8.22workers receive safety training prior to staring a job that the worker has not performed |
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| 249 | + | 8.23before. The employer must provide the safety training during working hours and compensate |
|---|
| 250 | + | 8.24the new employee at the employee's standard rate of pay. The employer also must give a |
|---|
| 251 | + | 8.25new employee an opportunity within 30 days of the employee's hire date to receive a refresher |
|---|
| 252 | + | 8.26training on the topics covered in the new worker safety training. The employer must provide |
|---|
| 253 | + | 8.27new employee training in a language and with vocabulary that the employee can understand. |
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| 254 | + | 8.28 Subd. 4.New task and annual safety training.(a) Meat-processing employers must |
|---|
| 255 | + | 8.29provide every worker who is assigned a new task if the worker has no previous work |
|---|
| 256 | + | 8.30experience with training on how to safely perform the task, the ergonomic and other hazards |
|---|
| 257 | + | 8.31associated with the task, and training on the early signs and symptoms of musculoskeletal |
|---|
| 258 | + | 8.32injuries and the procedures for reporting them. The employer must give a worker an |
|---|
| 259 | + | 8Sec. 8. |
|---|
| 260 | + | 23-01477 as introduced12/22/22 REVISOR SS/RC 9.1opportunity within 30 days of receiving the new task training to receive refresher training |
|---|
| 261 | + | 9.2on the topics covered in the new task training. The employer must provide this training in |
|---|
| 262 | + | 9.3a language and with vocabulary that the employee can understand. |
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| 263 | + | 9.4 (b) Meat-processing employers must provide each worker with no less than eight hours |
|---|
| 264 | + | 9.5of safety training each year. This annual training must address health and safety topics that |
|---|
| 265 | + | 9.6are relevant to the establishment, such as cuts, lacerations, amputations, machine guarding, |
|---|
| 266 | + | 9.7biological hazards, lockout/tagout, hazard communication, ergonomic hazards, and personal |
|---|
| 267 | + | 9.8protective equipment. At least two of the eight hours of annual training must be on topics |
|---|
| 268 | + | 9.9related to the facility's ergonomic injury prevention program, including the assessment of |
|---|
| 269 | + | 9.10surveillance data, the ergonomic hazard prevention and control plan, and the early signs |
|---|
| 270 | + | 9.11and symptoms of musculoskeletal disorders and the procedures for reporting them. The |
|---|
| 271 | + | 9.12employer must provide this training in a language and with vocabulary that the employee |
|---|
| 272 | + | 9.13can understand. |
|---|
| 273 | + | 9.14 Subd. 5.Attestation and record keeping.Meat-processing employers must maintain |
|---|
| 274 | + | 9.15a written attestation dated and signed by each person who provides training and each |
|---|
| 275 | + | 9.16employee who receives training pursuant to this section. This attestation must certify that |
|---|
| 276 | + | 9.17the employer has provided training consistent with the requirements of this section. The |
|---|
| 277 | + | 9.18employer must ensure that these records are up to date and available to the commissioner, |
|---|
| 278 | + | 9.19the coordinator, and the authorized employee representative upon request. |
|---|
| 279 | + | 9.20 Subd. 6.Medical services and qualifications.(a) Meat-processing employers must |
|---|
| 280 | + | 9.21ensure that: |
|---|
| 281 | + | 9.22 (1) all first-aid providers, medical assistants, nurses, and physicians engaged by the |
|---|
| 282 | + | 9.23employer are licensed and perform their duties within the scope of their licensed practice; |
|---|
| 283 | + | 9.24 (2) medical management of musculoskeletal disorders is under direct supervision of a |
|---|
| 284 | + | 9.25licensed physician specializing in occupational medicine who will advise on best practices |
|---|
| 285 | + | 9.26for management and prevention of work-related musculoskeletal disorders; and |
|---|
| 286 | + | 9.27 (3) medical management of musculoskeletal injuries follows the most current version |
|---|
| 287 | + | 9.28of the American College of Occupational and Environmental Medicine practice guidelines. |
|---|
| 288 | + | 9.29 (b) Meat-processing employers must make a record of all worker visits to medical or |
|---|
| 289 | + | 9.30first aid personnel, regardless of severity or type of illness or injury, and make these records |
|---|
| 290 | + | 9.31available to the coordinator and the authorized employee representative. |
|---|
| 291 | + | 9.32 (c) Meat-processing employers must maintain records of all ergonomic injuries suffered |
|---|
| 292 | + | 9.33by workers for at least five years. |
|---|
| 293 | + | 9Sec. 8. |
|---|
| 294 | + | 23-01477 as introduced12/22/22 REVISOR SS/RC 10.1 (d) The coordinator may compile, analyze, and publish annually, either in summary or |
|---|
| 295 | + | 10.2detailed form, all reports or information obtained under sections 179.87 to 179.8757, |
|---|
| 296 | + | 10.3including information about safe worker programs, and may cooperate with the United |
|---|
| 297 | + | 10.4States Department of Labor in obtaining national summaries of occupational deaths, injuries, |
|---|
| 298 | + | 10.5and illnesses. The coordinator must preserve the anonymity of each employee with respect |
|---|
| 299 | + | 10.6to whom medical reports or information is obtained. |
|---|
| 300 | + | 10.7 (e) Meat-processing employers must not institute or maintain any program, policy, or |
|---|
| 301 | + | 10.8practice that discourages employees from reporting injuries, hazards, or safety standard |
|---|
| 302 | + | 10.9violations. |
|---|
| 303 | + | 10.10 Subd. 7.Rulemaking required.The commissioner must adopt rules requiring employers |
|---|
| 304 | + | 10.11to maintain accurate records of meat-processing worker exposure to ergonomic hazards. |
|---|
| 305 | + | 10.12 Subd. 8.Pandemic protections.(a) This subdivision applies during a peacetime public |
|---|
| 306 | + | 10.13health emergency declared under section 12.31, subdivision 2. |
|---|
| 307 | + | 10.14 (b) Meat-processing employers must maintain at least a six-foot radius of space around |
|---|
| 308 | + | 10.15and between each worker. An employer may accomplish such distancing by increasing |
|---|
| 309 | + | 10.16physical space between workstations, slowing production speeds, staggering shifts and |
|---|
| 310 | + | 10.17breaks, adjusting shift size, or a combination thereof. The employer must reconfigure |
|---|
| 311 | + | 10.18common or congregate spaces to allow for such distancing, including lunch rooms, break |
|---|
| 312 | + | 10.19rooms, and locker rooms. The coordinator must reinforce social distancing by allowing |
|---|
| 313 | + | 10.20workers to maintain six feet of distance along with the use of plastic barriers. |
|---|
| 314 | + | 10.21 (c) Meat-processing employers must provide employees with face masks and must make |
|---|
| 315 | + | 10.22face shields available on request. Face masks, including replacement face masks, and face |
|---|
| 316 | + | 10.23shields must be provided at no cost to the employee. All persons present at the meatpacking |
|---|
| 317 | + | 10.24operation must wear face masks in the facility except in those parts of the facility where |
|---|
| 318 | + | 10.25infection risk is low because workers work in isolation. |
|---|
| 319 | + | 10.26 (d) Meat-processing employers must provide all meat-processing workers with the ability |
|---|
| 320 | + | 10.27to frequently and routinely sanitize their hands with either hand-washing or hand-sanitizing |
|---|
| 321 | + | 10.28stations. The employer must ensure that restrooms have running hot and cold water and |
|---|
| 322 | + | 10.29paper towels and are in sanitary condition. The employer must provide gloves to those who |
|---|
| 323 | + | 10.30request them. |
|---|
| 324 | + | 10.31 (e) Meat-processing employers must clean and regularly disinfect all frequently touched |
|---|
| 325 | + | 10.32surfaces in the workplace, such as workstations, training rooms, machinery controls, tools, |
|---|
| 326 | + | 10.33protective garments, eating surfaces, bathrooms, showers, and other similar areas. Employers |
|---|
| 327 | + | 10.34must install and maintain ventilation systems that ensure unidirectional air flow, outdoor |
|---|
| 328 | + | 10Sec. 8. |
|---|
| 329 | + | 23-01477 as introduced12/22/22 REVISOR SS/RC 11.1air, and filtration in both production areas and common areas such as cafeterias and locker |
|---|
| 330 | + | 11.2rooms. |
|---|
| 331 | + | 11.3 (f) Meat-processing employers must disseminate all required communications, notices, |
|---|
| 332 | + | 11.4and any published materials regarding these protections in English, Spanish, and other |
|---|
| 333 | + | 11.5languages as required for employees to understand the communication. |
|---|
| 334 | + | 11.6 (g) Meat-processing employers must provide adequate break time for workers to use |
|---|
| 335 | + | 11.7the bathroom, wash their hands, and don and doff protective equipment. |
|---|
| 336 | + | 11.8 (h) Meat-processing employers must provide sufficient personal protective equipment |
|---|
| 337 | + | 11.9for each employee for each shift, plus replacements, at no cost to the employee. |
|---|
| 338 | + | 11.10Meat-processing employers must provide training in proper use of personal protective |
|---|
| 339 | + | 11.11equipment, safety procedures, and sanitation. |
|---|
| 340 | + | 11.12 (i) As part of the meat-processing employer's accident, injury, and illness reduction |
|---|
| 341 | + | 11.13program, the employer must create a health and safety committee consisting of equal parts |
|---|
| 342 | + | 11.14company management, employees, and authorized employee representatives. The health |
|---|
| 343 | + | 11.15and safety committee must meet at least twice a year and present results to the commissioner. |
|---|
| 344 | + | 11.16If the meatpacking operation has no collective bargaining agreement, a local labor |
|---|
| 345 | + | 11.17representative must be appointed. |
|---|
| 346 | + | 11.18 (j) Meat-processing employers must record all injuries and illnesses in the facility and |
|---|
| 347 | + | 11.19make these records available upon request to the health and safety committee. The employer |
|---|
| 348 | + | 11.20also must make its records available to the commissioner, and where there is a collective |
|---|
| 349 | + | 11.21bargaining agreement, to the authorized bargaining representative. |
|---|
| 350 | + | 11.22 (k) Meat-processing employers must provide paid sick time for workers to recuperate |
|---|
| 351 | + | 11.23from illness or injury or to care for ill family members. For purposes of this paragraph, |
|---|
| 352 | + | 11.24"family member" includes: |
|---|
| 353 | + | 11.25 (1) biological, adopted, or foster children, stepchildren, children of domestic partners |
|---|
| 354 | + | 11.26or spouses, and legal wards of workers; |
|---|
| 355 | + | 11.27 (2) biological parents, stepparents, foster parents, adoptive parents, or legal guardians |
|---|
| 356 | + | 11.28of a worker or a worker's spouse or domestic partner; |
|---|
| 357 | + | 11.29 (3) a worker's legally married spouse or domestic partner as registered under the laws |
|---|
| 358 | + | 11.30of any state or political subdivision; |
|---|
| 359 | + | 11.31 (4) a worker's grandparent, whether from a biological, step-, foster, or adoptive |
|---|
| 360 | + | 11.32relationship; |
|---|
| 361 | + | 11Sec. 8. |
|---|
| 362 | + | 23-01477 as introduced12/22/22 REVISOR SS/RC 12.1 (5) a worker's grandchild, whether from a biological, step-, foster, or adoptive |
|---|
| 363 | + | 12.2relationship; |
|---|
| 364 | + | 12.3 (6) a worker's sibling, whether from a biological, step-, foster, or adoptive relationship; |
|---|
| 365 | + | 12.4and |
|---|
| 366 | + | 12.5 (7) any other individual related by blood or affinity to the worker whose association |
|---|
| 367 | + | 12.6with the worker is the equal of a family relationship. |
|---|
| 368 | + | 12.7 (l) All meat-processing workers must accrue at least one hour of paid sick time for every |
|---|
| 369 | + | 12.830 hours worked. For purposes of this paragraph, paid sick time means time that is |
|---|
| 370 | + | 12.9compensated at the same hourly rate, including the same benefits, as is normally earned by |
|---|
| 371 | + | 12.10the worker. |
|---|
| 372 | + | 12.11 (m) Meat-processing employers may provide all paid sick time a worker is expected to |
|---|
| 373 | + | 12.12accrue at the beginning of the year or at the start of the worker's employment. |
|---|
| 374 | + | 12.13 (n) Meat-processing employers must carry an employee's earned paid sick time over |
|---|
| 375 | + | 12.14into the following calendar year. If a worker does not wish to carry over sick time, the |
|---|
| 376 | + | 12.15meat-processing employer must pay the worker for accrued sick time. If a worker chooses |
|---|
| 377 | + | 12.16to receive pay in lieu of carried-over sick time, the employer must provide the worker with |
|---|
| 378 | + | 12.17an amount of paid sick time that meets or exceeds the requirements of sections 179.87 to |
|---|
| 379 | + | 12.18179.8757, to be available for the worker's immediate use at the start of the following calendar |
|---|
| 380 | + | 12.19year. |
|---|
| 381 | + | 12.20 (o) Meat-processing employers must maintain records for at least three years showing |
|---|
| 382 | + | 12.21hours worked and paid sick time accrued and used by workers. Employers must allow the |
|---|
| 383 | + | 12.22commissioner and coordinator access to these records in order to ensure compliance with |
|---|
| 384 | + | 12.23the requirements of sections 179.87 to 179.8757. |
|---|
| 385 | + | 12.24 (p) If a meat-processing employer transfers a worker to another division or location of |
|---|
| 386 | + | 12.25the same meat-processing employer, the worker is entitled to all earned paid sick time |
|---|
| 387 | + | 12.26accrued in the worker's previous position. If a worker is separated from employment and |
|---|
| 388 | + | 12.27rehired within one year by the same meat-processing employer, the meat-processing employer |
|---|
| 389 | + | 12.28must reinstate the worker's earned sick time to the level accrued by the worker as of the |
|---|
| 390 | + | 12.29date of separation. |
|---|
| 391 | + | 12.30 (q) If a meat-processing employer is succeeded by a different employer, all workers of |
|---|
| 392 | + | 12.31the original employer are entitled to all earned paid sick time they accrued when employed |
|---|
| 393 | + | 12.32by the original employer. |
|---|