1.1 A bill for an act
1.2 relating to labor; providing safe workplaces for meat and poultry processing
1.3 workers; requiring a report; appropriating money; amending Minnesota Statutes
1.4 2022, section 182.654, subdivision 11; proposing coding for new law in Minnesota
1.5 Statutes, chapter 179.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [179.87] TITLE.
1.8 Sections 179.87 to 179.8757 may be titled the Safe Workplaces for Meat and Poultry
1.9Processing Workers Act.
1.10 Sec. 2. [179.871] DEFINITIONS.
1.11 Subdivision 1.Definitions.For purposes of sections 179.87 to 179.8757, the terms in
1.12this section have the meanings given.
1.13 Subd. 2.Authorized employee representative."Authorized employee representative"
1.14has the meaning given in section 182.651, subdivision 22.
1.15 Subd. 3.Commissioner."Commissioner" means the commissioner of labor and industry
1.16or the commissioner's designee.
1.17 Subd. 4.Coordinator."Coordinator" means the meatpacking industry worker rights
1.18coordinator or the coordinator's designee.
1.19 Subd. 5.Meat-processing worker."Meat-processing worker" or "worker" means any
1.20individual who a meat-processing employer suffers or permits to work directly in contact
1.21with raw meatpacking products in a meatpacking operation, including independent contractors
1.22and persons performing work for an employer through a temporary service or staffing
1Sec. 2.
S0207-1 1st EngrossmentSF207 REVISOR SS
SENATE
STATE OF MINNESOTA
S.F. No. 207NINETY-THIRD SESSION
(SENATE AUTHORS: PUTNAM, McEwen, Port, Fateh and Murphy)
OFFICIAL STATUSD-PGDATE
Introduction and first reading16801/12/2023
Referred to Labor
Author added Fateh31001/19/2023
Author added Murphy87202/16/2023
Comm report: To pass and re-referred to Judiciary and Public Safety03/15/2023 2.1agency. Workers in a meatpacking operation who inspect or package meatpacking products
2.2and workers who clean, maintain, or sanitize equipment or surfaces are included in the
2.3definition of a meat-processing worker. Meat-processing worker does not include a federal,
2.4state, or local government inspector.
2.5 Subd. 6.Meatpacking operation."Meatpacking operation" or "meat-processing
2.6employer" means a business with 50 or more meat-processing workers in which slaughtering,
2.7butchering, meat canning, meatpacking, meat manufacturing, poultry canning, poultry
2.8packing, poultry manufacturing, or processing of meatpacking products occurs. Meatpacking
2.9operation or meat-processing employer does not mean a grocery store, butcher shop, meat
2.10market, deli, restaurant, or other business preparing meat or poultry products for immediate
2.11consumption or for sale in a retail establishment or otherwise directly to an end-consumer.
2.12 Subd. 7.Meatpacking products."Meatpacking products" means meat food products
2.13and poultry food products as defined in section 31A.02, subdivision 10.
2.14 Sec. 3. [179.8715] WORKER RIGHTS COORDINATOR.
2.15 (a) The commissioner must appoint a meatpacking industry worker rights coordinator
2.16in the Department of Labor and Industry and provide the coordinator with necessary office
2.17space, furniture, equipment, supplies, and assistance.
2.18 (b) The commissioner must enforce sections 179.87 to 179.8757, including inspecting,
2.19reviewing, and recommending improvements to the practices and procedures of meatpacking
2.20operations in Minnesota. A meat-processing employer must grant the commissioner full
2.21access to all meatpacking operations in this state at any time that meatpacking products are
2.22being processed or meat-processing workers are on the job.
2.23 (c) No later than December 1 each year, the coordinator must submit a report to the
2.24governor and the chairs and ranking minority members of the legislative committees with
2.25jurisdiction over labor. The report must include recommendations to promote better treatment
2.26of meat-processing workers. The coordinator shall also post the report on the Department
2.27of Labor and Industry's website.
2.28 Sec. 4. [179.872] REFUSAL TO WORK UNDER DANGEROUS CONDITIONS.
2.29 A meat-processing worker has a right to refuse to work under dangerous conditions in
2.30accordance with section 182.654, subdivision 11. Pursuant to that provision, the worker
2.31shall continue to receive pay and shall not be subject to discrimination.
2Sec. 4.
S0207-1 1st EngrossmentSF207 REVISOR SS 3.1 Sec. 5. [179.875] ENFORCEMENT AND COMPLIANCE.
3.2 Subdivision 1.Administrative enforcement.The commissioner, either on the
3.3commissioner's initiative or in response to a complaint, may inspect a meatpacking operation
3.4and subpoena records and witnesses as provided in sections 175.20 and 182.659. If a
3.5meat-processing employer does not comply with the commissioner's inspection, the
3.6commissioner may seek relief as provided in this section or chapter 175 or 182.
3.7 Subd. 2.Compliance authority.The commissioner of labor and industry may issue a
3.8compliance order under section 177.27, subdivision 4, requiring an employer to comply
3.9with sections 179.87 to 179.8757. The commissioner also has authority, pursuant to section
3.10182.662, subdivision 1, to issue a stop work or business closure order when there is a
3.11condition or practice that could result in death or serious physical harm.
3.12 Subd. 3.Private civil action.If a meat-processing employer does not comply with a
3.13provision in sections 179.87 to 179.8757, an aggrieved worker, authorized employee
3.14representative, or other person may bring a civil action in a court of competent jurisdiction
3.15within three years of an alleged violation and, upon prevailing, must be awarded the relief
3.16provided in this section. Pursuing administrative relief is not a prerequisite for bringing a
3.17civil action.
3.18 Subd. 4.Other government enforcement.The attorney general may enforce sections
3.19179.87 to 179.8757 under section 8.31. A city or county attorney may also enforce these
3.20sections. Such law enforcement agencies may inspect meatpacking operations and subpoena
3.21records and witnesses and, where such agencies determine that a violation has occurred,
3.22may bring a civil action as provided in this section.
3.23 Subd. 5.Relief.(a) In a civil action or administrative proceeding brought to enforce
3.24sections 179.87 to 179.8757, the court or commissioner must order relief as provided in this
3.25subdivision.
3.26 (b) For any violation of sections 179.87 to 179.8757:
3.27 (1) an injunction to order compliance and restrain continued violations;
3.28 (2) payment to a prevailing worker by a meat-processing employer of reasonable costs,
3.29disbursements, and attorney fees; and
3.30 (3) a civil penalty payable to the state of not less than $100 per day per worker affected
3.31by the meat-processing employer's noncompliance with sections 179.87 to 179.8757.
3.32 Subd. 6.Whistleblower enforcement; penalty distribution.(a) The relief provided in
3.33this section may be recovered through a private civil action brought on behalf of the
3Sec. 5.
S0207-1 1st EngrossmentSF207 REVISOR SS 4.1commissioner in a court of competent jurisdiction by another individual, including an
4.2authorized employee representative, pursuant to this subdivision.
4.3 (b) The individual must give written notice to the coordinator of the specific provision
4.4or provisions of sections 179.87 to 179.8757 alleged to have been violated. The individual
4.5or representative organization may commence a civil action under this subdivision if no
4.6enforcement action is taken by the commissioner within 30 days.
4.7 (c) Civil penalties recovered pursuant to this subdivision must be distributed as follows:
4.8 (1) 70 percent to the commissioner for enforcement of sections 179.87 to 179.8757; and
4.9 (2) 30 percent to the individual or authorized employee representative.
4.10 (d) The right to bring an action under this subdivision shall not be impaired by private
4.11contract. A public enforcement action must be tried promptly, without regard to concurrent
4.12adjudication of a private claim for the same alleged violation.
4.13 Sec. 6. [179.8755] RETALIATION AGAINST EMPLOYEES AND
4.14WHISTLEBLOWERS PROHIBITED.
4.15 (a) Pursuant to section 182.669, no meat-processing employer or other person may
4.16discharge or discriminate against a worker because the employee has raised a concern about
4.17a meatpacking operation's health and safety practices to the employer or otherwise exercised
4.18any right authorized under sections 182.65 to 182.674.
4.19 (b) No meat-processing employer or other person may attempt to require any worker to
4.20sign a contract or other agreement that would limit or prevent the worker from disclosing
4.21information about workplace health and safety practices or hazards, or to otherwise abide
4.22by a workplace policy that would limit or prevent such disclosures. Any such agreements
4.23or policies are hereby void and unenforceable as contrary to the public policy of this state.
4.24An employer's attempt to impose such a contract, agreement, or policy shall constitute an
4.25adverse action enforceable under sections 179.87 to 179.8757.
4.26 (c) Reporting or threatening to report a meat-processing worker's suspected citizenship
4.27or immigration status, or the suspected citizenship or immigration status of a family member
4.28of the worker, to a federal, state, or local agency because the worker exercises a right under
4.29sections 179.87 to 179.8757 constitutes an adverse action for purposes of establishing a
4.30violation of that worker's rights. For purposes of this paragraph, "family member" means a
4.31spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild
4.32related by blood, adoption, marriage, or domestic partnership.
4Sec. 6.
S0207-1 1st EngrossmentSF207 REVISOR SS 5.1 (d) Any worker who brings a complaint under sections 179.87 to 179.8757 and suffers
5.2retaliation is entitled to treble damages in addition to lost pay and recovery of attorney fees
5.3and costs.
5.4 (e) Any company who is found to have retaliated against a meat-processing worker must
5.5pay a fine of up to $10,000 to the commissioner, in addition to other penalties available
5.6under the law.
5.7 Sec. 7. [179.8756] MEATPACKING WORKER CHRONIC INJURIES AND
5.8WORKPLACE SAFETY.
5.9 Subdivision 1.Safe worker program required; facility committee.(a) Meat-processing
5.10employers must adopt a safe worker program as part of the employer's work accident and
5.11injury reduction program to minimize and prevent musculoskeletal disorders. For purposes
5.12of this section, "musculoskeletal disorders" includes carpal tunnel syndrome, tendinitis,
5.13rotator cuff injuries, trigger finger, epicondylitis, muscle strains, and lower back injuries.
5.14 (b) The meat-processing employer's safe worker program must be developed and
5.15implemented by a committee of individuals who are knowledgeable of the tasks and work
5.16processes performed by workers at the employer's facility. The committee must include:
5.17 (1) a certified professional ergonomist;
5.18 (2) a licensed, board-certified physician, with preference given to a physician who has
5.19specialized experience and training in occupational medicine; and
5.20 (3) at least three workers employed in the employer's facility who have completed a
5.21general industry outreach course approved by the commissioner, one of whom must be an
5.22authorized employee representative if the employer is party to a collective bargaining
5.23agreement.
5.24 (c) If it is not practicable for a certified professional ergonomist or a licensed,
5.25board-certified physician to be a member of the committee required by paragraph (b), the
5.26meatpacking employer must have their safe worker program reviewed by a certified
5.27professional ergonomist and a licensed, board-certified physician prior to implementation
5.28of the program and annually thereafter.
5.29 (d) The meatpacking employer must solicit feedback for its safe worker program through
5.30its safety committee required by section 182.676, in addition to any other opportunities for
5.31employee participation the employer may provide. The safety committee must be directly
5.32involved in ergonomics worksite assessments and participate in the annual evaluation of
5.33the program.
5Sec. 7.
S0207-1 1st EngrossmentSF207 REVISOR SS 6.1 Subd. 2.Program elements.(a) The committee must establish written procedures to
6.2identify ergonomic hazards and contributing risk factors, which must include:
6.3 (1) the ergonomic assessment tools used to measure ergonomic hazards;
6.4 (2) all jobs where the committee has an indication or knowledge that ergonomic hazards
6.5may exist; and
6.6 (3) workers who perform the same job or a sample of workers in that job who have the
6.7greatest exposure to the ergonomic hazard.
6.8 (b) The committee must conduct ergonomic assessments to identify hazards and
6.9contributing risk factors; review all surveillance data at least quarterly to identify ergonomic
6.10hazards and contributing risk factors; and maintain records of the hazard identification
6.11process, which, at a minimum, must include the completed ergonomic assessment tools,
6.12the results of the ergonomic assessments including the jobs and workers evaluated, and the
6.13assessment dates.
6.14 (c) The committee must implement a written ergonomic hazard prevention and control
6.15plan to identify and select methods to eliminate, prevent, or control the ergonomic hazards
6.16and contributing risk factors. The plan must:
6.17 (1) set goals, priorities, and a timeline to eliminate, prevent, or control the ergonomic
6.18hazards and contributing risk factors identified;
6.19 (2) identify the person or persons responsible for ergonomic hazard assessments and
6.20implementation of controls;
6.21 (3) rely upon the surveillance data and the ergonomic risk assessment results; and
6.22 (4) take into consideration the severity of the risk, the numbers of workers at risk, and
6.23the likelihood that the intervention will reduce the risk.
6.24 (d) A meat-processing employer must control, reduce, or eliminate ergonomic hazards
6.25which lead to musculoskeletal disorders to the extent feasible by using engineering, work
6.26practice, and administrative controls.
6.27 (e) The committee must monitor at least annually the implementation of the plan including
6.28the effectiveness of controls and evaluate progress in meeting program goals.
6.29 Subd. 3.New employee training.(a) A meat-processing employer must work with the
6.30committee to provide each new employee with information regarding:
6.31 (1) the committee and its members;
6Sec. 7.
S0207-1 1st EngrossmentSF207 REVISOR SS 7.1 (2) the facility's workplace accident and injury reduction program under section 182.653,
7.2subdivision 8, as well as any other hazard prevention and control plan the facility may have;
7.3 (3) early signs and symptoms of musculoskeletal injuries and the procedures for reporting
7.4them;
7.5 (4) procedures for reporting other injuries and hazards;
7.6 (5) engineering and administrative hazard controls implemented in the workplace,
7.7including ergonomic hazard controls; and
7.8 (6) how to use personal protective equipment, and where it is located.
7.9 (b) A meat-processing employer must work with the committee and ensure that new
7.10workers receive safety training prior to starting a job that the worker has not performed
7.11before. The employer must provide the safety training during working hours and compensate
7.12the new employee at the employee's standard rate of pay. The employer also must give a
7.13new employee an opportunity within 30 days of the employee's hire date to receive a refresher
7.14training on the topics covered in the new worker safety training. The employer must provide
7.15new employee training in a language and with vocabulary that the employee can understand.
7.16 Subd. 4.New task and annual safety training.(a) Meat-processing employers must
7.17provide every worker who is assigned a new task if the worker has no previous work
7.18experience with training on how to safely perform the task, the ergonomic and other hazards
7.19associated with the task, and training on the early signs and symptoms of musculoskeletal
7.20injuries and the procedures for reporting them. The employer must give a worker an
7.21opportunity within 30 days of receiving the new task training to receive refresher training
7.22on the topics covered in the new task training. The employer must provide this training in
7.23a language and with vocabulary that the employee can understand.
7.24 (b) Meat-processing employers must provide each worker with no less than eight hours
7.25of safety training each year. This annual training must address health and safety topics that
7.26are relevant to the establishment and the worker's job assignment, such as cuts, lacerations,
7.27amputations, machine guarding, biological hazards, lockout/tagout, hazard communication,
7.28ergonomic hazards, and personal protective equipment. At least two of the eight hours of
7.29annual training must be on topics related to the facility's ergonomic injury prevention
7.30program, including the assessment of surveillance data, the ergonomic hazard prevention
7.31and control plan, and the early signs and symptoms of musculoskeletal disorders and the
7.32procedures for reporting them. The employer must provide this training in a language and
7.33with vocabulary that the employee can understand.
7Sec. 7.
S0207-1 1st EngrossmentSF207 REVISOR SS 8.1 Subd. 5.Attestation and record keeping.Meat-processing employers must maintain
8.2a written attestation dated and signed by each person who provides training and each
8.3employee who receives training pursuant to this section. The attestation completed by the
8.4training provider must certify that the employer has provided training consistent with the
8.5requirements of this section. The employer must ensure that these records are up to date
8.6and available to the commissioner, the coordinator, and the authorized employee
8.7representative upon request.
8.8 Subd. 6.Medical services and qualifications.(a) Meat-processing employers must
8.9ensure that:
8.10 (1) all first-aid providers, medical assistants, nurses, and physicians engaged by the
8.11employer are licensed and perform their duties within the scope of their licensed practice;
8.12 (2) medical management of musculoskeletal disorders is under direct supervision of a
8.13licensed physician specializing in occupational medicine who will advise on best practices
8.14for management and prevention of work-related musculoskeletal disorders; and
8.15 (3) medical management of musculoskeletal injuries follows the most current version
8.16of the American College of Occupational and Environmental Medicine practice guidelines.
8.17 (b) Meat-processing employers must make a record of all worker visits to medical or
8.18first aid personnel, regardless of severity or type of illness or injury, and make a redacted
8.19version of these records available to the coordinator and the authorized employee
8.20representative. The name, contact information, and occupation of an employee, and any
8.21other information that would reveal the identity of an employee, must be removed in the
8.22redacted version. The redacted version must only include, to the extent it would not reveal
8.23identity of an employee, the location where the employee worked, the date of the injury or
8.24visit, a description of the medical treatment or first aid provided, and a description of the
8.25injury suffered. The employer must make an unredacted version of the records available to
8.26the commissioner and the authorized employee representative upon their request.
8.27 (c) Meat-processing employers must maintain records of all ergonomic injuries suffered
8.28by workers for at least five years.
8.29 (d) The coordinator may compile, analyze, and publish annually, either in summary or
8.30detailed form, all reports or information obtained under sections 179.87 to 179.8757,
8.31including information about safe worker programs, and may cooperate with the United
8.32States Department of Labor in obtaining national summaries of occupational deaths, injuries,
8.33and illnesses. The coordinator and authorized employee representative must preserve the
8.34anonymity of each employee with respect to whom medical reports or information is obtained.
8Sec. 7.
S0207-1 1st EngrossmentSF207 REVISOR SS 9.1 (e) Meat-processing employers must not institute or maintain any program, policy, or
9.2practice that discourages employees from reporting injuries, hazards, or safety standard
9.3violations, unless the employee authorizes his or her information be shared.
9.4 Subd. 7.Pandemic protections.(a) This subdivision applies during a public health
9.5emergency that involves airborne transmission.
9.6 (b) Meat-processing employers must maintain a radius of space around and between
9.7each worker according to the Centers for Disease Control and Prevention guidelines unless
9.8a nonporous barrier separates the workers. An employer may accomplish such distancing
9.9by increasing physical space between workstations, slowing production speeds, staggering
9.10shifts and breaks, adjusting shift size, or a combination thereof. The employer must
9.11reconfigure common or congregate spaces to allow for such distancing, including lunch
9.12rooms, break rooms, and locker rooms. The employer must reinforce social distancing by
9.13allowing workers to maintain six feet of distance along with the use of nonporous barriers.
9.14 (c) Meat-processing employers must provide employees with face masks and must make
9.15face shields available on request. Face masks, including replacement face masks, and face
9.16shields must be provided at no cost to the employee. All persons present at the meatpacking
9.17operation must wear face masks in the facility except in those parts of the facility where
9.18infection risk is low because workers work in isolation.
9.19 (d) Meat-processing employers must provide all meat-processing workers with the ability
9.20to frequently and routinely sanitize their hands with either hand-washing or hand-sanitizing
9.21stations. The employer must ensure that restrooms have running hot and cold water and
9.22paper towels and are in sanitary condition. The employer must provide gloves to those who
9.23request them.
9.24 (e) Meat-processing employers must clean and regularly disinfect all frequently touched
9.25surfaces in the workplace, such as workstations, training rooms, machinery controls, tools,
9.26protective garments, eating surfaces, bathrooms, showers, and other similar areas. Employers
9.27must install and maintain ventilation systems that ensure unidirectional air flow, outdoor
9.28air, and filtration in both production areas and common areas such as cafeterias and locker
9.29rooms.
9.30 (f) Meat-processing employers must disseminate all required communications, notices,
9.31and any published materials regarding these protections in English, Spanish, and other
9.32languages as required for employees to understand the communication.
9.33 (g) Meat-processing employers must provide adequate break time for workers to use
9.34the bathroom, wash their hands, and don and doff protective equipment.
9Sec. 7.
S0207-1 1st EngrossmentSF207 REVISOR SS 10.1 (h) Meat-processing employers must provide sufficient personal protective equipment
10.2for each employee for each shift, plus replacements, at no cost to the employee.
10.3Meat-processing employers must provide training in proper use of personal protective
10.4equipment, safety procedures, and sanitation.
10.5 (i) Meat-processing employers must record all injuries and illnesses in the facility and
10.6make these records available upon request to the health and safety committee. The name,
10.7contact information, and occupation of an employee, and any other information that would
10.8reveal the identity of an employee, must be removed. The redacted records must only include,
10.9to the extent it would not reveal identity of an employee, the location where the employee
10.10worked, the date of the injury or visit, a description of the medical treatment or first aid
10.11provided, and a description of the injury suffered. The employer also must make its records
10.12available to the commissioner, and where there is a collective bargaining agreement, to the
10.13authorized bargaining representative.
10.14 (j) Meat-processing employers must provide paid sick time for workers to recuperate
10.15from illness or injury or to care for ill family members. For purposes of this paragraph,
10.16"family member" includes:
10.17 (1) biological, adopted, or foster children, stepchildren, children of domestic partners
10.18or spouses, and legal wards of workers;
10.19 (2) biological parents, stepparents, foster parents, adoptive parents, or legal guardians
10.20of a worker or a worker's spouse or domestic partner;
10.21 (3) a worker's legally married spouse or domestic partner as registered under the laws
10.22of any state or political subdivision;
10.23 (4) a worker's grandparent, whether from a biological, step-, foster, or adoptive
10.24relationship;
10.25 (5) a worker's grandchild, whether from a biological, step-, foster, or adoptive
10.26relationship;
10.27 (6) a worker's sibling, whether from a biological, step-, foster, or adoptive relationship;
10.28and
10.29 (7) any other individual related by blood or affinity to the worker whose association
10.30with the worker is the equal of a family relationship.
10.31 (k) All meat-processing workers must accrue at least one hour of paid sick time for every
10.3230 hours worked. For purposes of this paragraph, paid sick time means time that is
10Sec. 7.
S0207-1 1st EngrossmentSF207 REVISOR SS 11.1compensated at the same hourly rate, including the same benefits, as is normally earned by
11.2the worker.
11.3 (l) Meat-processing employers may provide all paid sick time a worker is expected to
11.4accrue at the beginning of the year or at the start of the worker's employment.
11.5 (m) Meat-processing employers must carry an employee's earned paid sick time over
11.6into the following calendar year. If a worker does not wish to carry over sick time, the
11.7meat-processing employer must pay the worker for accrued sick time. If a worker chooses
11.8to receive pay in lieu of carried-over sick time, the employer must provide the worker with
11.9an amount of paid sick time that meets or exceeds the requirements of sections 179.87 to
11.10179.8757, to be available for the worker's immediate use at the start of the following calendar
11.11year.
11.12 (n) Meat-processing employers must maintain records for at least three years showing
11.13hours worked and paid sick time accrued and used by workers. Employers must allow the
11.14commissioner and coordinator access to these records in order to ensure compliance with
11.15the requirements of sections 179.87 to 179.8757.
11.16 (o) If a meat-processing employer transfers a worker to another division or location of
11.17the same meat-processing employer, the worker is entitled to all earned paid sick time
11.18accrued in the worker's previous position. If a worker is separated from employment and
11.19rehired within one year by the same meat-processing employer, the meat-processing employer
11.20must reinstate the worker's earned sick time to the level accrued by the worker as of the
11.21date of separation.
11.22 (p) If a meat-processing employer is succeeded by a different employer, all workers of
11.23the original employer are entitled to all earned paid sick time they accrued when employed
11.24by the original employer.
11.25 (q) Meat-processing employers must not require workers to find or search for a
11.26replacement worker to take the place of the worker as a condition of the worker using paid
11.27sick time.
11.28 (r) Meat-processing employers must not require workers to disclose details of private
11.29matters as a condition of using paid sick time, including details of a worker or family
11.30member's illness, domestic violence, sexual abuse or assault, or stalking and harassment.
11.31If the employer does possess such information, it must be treated as confidential and not
11.32disclosed without the express permission of the worker.
11Sec. 7.
S0207-1 1st EngrossmentSF207 REVISOR SS 12.1 (s) Meat-processing employers must provide workers written notice of their rights and
12.2the employer's requirements under this section at the time the worker begins employment.
12.3This notice must be provided in English, Spanish, or the employee's language of fluency.
12.4The amount of paid sick time a worker has accrued, the amount of paid sick time a worker
12.5has used during the current year, and the amount of pay the worker has received as paid
12.6sick time must be recorded on or attached to the worker's paycheck. Meat-processing
12.7employers must display a poster in a conspicuous location in each facility where workers
12.8are employed that displays the information required under this paragraph. The poster must
12.9be displayed in English and any language of fluency that is read or spoken by at least five
12.10percent of the employer's workers.
12.11 (t) Nothing in this subdivision shall be construed to:
12.12 (1) prohibit or discourage an employer from adopting or retaining a paid sick time policy
12.13that is more generous than the one provided in this subdivision;
12.14 (2) diminish the obligation of an employer to comply with a collective bargaining
12.15agreement, or any other contract that provides more generous paid sick time to a worker
12.16than provided for in this subdivision; or
12.17 (3) override any provision of local law that provides greater rights for paid sick time
12.18than is provided for in this subdivision.
12.19Sec. 8. [179.8757] NOTIFICATION REQUIRED.
12.20 (a) Meat-processing employers must provide written information and notifications about
12.21employee rights under section 179.86 and sections 179.87 to 179.8757 to workers in their
12.22language of fluency at least annually. If a worker is unable to understand written information
12.23and notifications, the employer must provide such information and notices orally in the
12.24worker's language of fluency.
12.25 (b) The coordinator must notify covered employers of the provisions of sections 179.87
12.26to 179.8757 and any recent updates at least annually.
12.27 (c) The coordinator must place information explaining sections 179.87 to 179.8757 on
12.28the Department of Labor and Industry's website in at least English, Spanish, and any other
12.29language that at least ten percent of meat-processing workers communicate in fluently. The
12.30coordinator must also make the information accessible to persons with impaired visual
12.31acuity.
12Sec. 8.
S0207-1 1st EngrossmentSF207 REVISOR SS 13.1 Sec. 9. Minnesota Statutes 2022, section 182.654, subdivision 11, is amended to read:
13.2 Subd. 11.Refusal to work under dangerous conditions.An employee acting in good
13.3faith has the right to refuse to work under conditions which the employee reasonably believes
13.4present an imminent danger of death or serious physical harm to the employee.
13.5 A reasonable belief of imminent danger of death or serious physical harm includes but
13.6is not limited to a reasonable belief of the employee that the employee has been assigned
13.7to work in an unsafe or unhealthful manner with a hazardous substance, harmful physical
13.8agent or infectious agent.
13.9 An employer may not discriminate against an employee for a good faith refusal to
13.10perform assigned tasks if the employee has requested that the employer correct the hazardous
13.11conditions but the conditions remain uncorrected.
13.12 An employee who has refused in good faith to perform assigned tasks and who has not
13.13been reassigned to other tasks by the employer shall, in addition to retaining a right to
13.14continued employment, receive pay for the tasks which would have been performed if (1)
13.15the employee requests the commissioner to inspect and determine the nature of the hazardous
13.16condition, and (2) the commissioner determines that the employee, by performing the
13.17assigned tasks, would have been placed in imminent danger of death or serious physical
13.18harm.
13.19 Additionally, the commissioner may order:
13.20 (1) reinstatement of the worker to the same position held before any adverse personnel
13.21action or to an equivalent position, reinstatement of full fringe benefits and seniority rights,
13.22and compensation for unpaid wages, benefits and other remuneration, or front pay in lieu
13.23of reinstatement; and
13.24 (2) compensatory damages payable to the aggrieved worker equal to the greater of $5,000
13.25or twice the actual damages, including unpaid wages, benefits and other remuneration, and
13.26punitive damages.
13.27 An employer has the right to contest the commissioner's order within 20 days. If not
13.28resolved, the commissioner shall refer the matter for a contested case proceeding under
13.29Minnesota Rules, chapter 5210.
13.30Sec. 10. APPROPRIATIONS.
13.31 $360,000 in fiscal year 2024 and $169,000 in fiscal year 2025 are appropriated from the
13.32general fund to the commissioner of labor and industry for purposes of this act.
13Sec. 10.
S0207-1 1st EngrossmentSF207 REVISOR SS