1.1 A bill for an act
1.2 relating to employment; establishing a worker safety requirement to provide access
1.3 to automatic external defibrillators and trained operators; amending Minnesota
1.4 Statutes 2024, section 182.6526, subdivisions 1, 6, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 182.6526, subdivision 1, is amended to read:
1.7 Subdivision 1.Definitions.(a) The terms defined in this subdivision have the meanings
1.8given.
1.9 (b) "Aggregated employee work speed data" means a compilation of employee work
1.10speed data for multiple employees, in summary form, assembled in full or in another form
1.11such that the data cannot be identified with any individual.
1.12 (c) "Automatic external defibrillator" or "AED" means an electronic device designed
1.13and manufactured to operate automatically or semiautomatically for the purpose of delivering
1.14an electrical current to the heart of a person in sudden cardiac arrest.
1.15 (c) (d) "Commissioner" means the commissioner of labor and industry.
1.16 (d) (e)(1) Except as provided in clause (2), "employee" means a person who meets the
1.17definition in section 182.651, subdivision 9, and who works at a warehouse distribution
1.18center.
1.19 (2) For the purposes of subdivisions 2, 3, and 4, and 5a only, "employee" means a person
1.20who: (i) meets the definition in section 182.651, subdivision 9; (ii) does not meet any of
1.21the exceptions under section 177.23, subdivision 7, clauses (1) to (19); and (iii) performs
1.22warehouse work occurring on the property of a warehouse distribution center. Employee
1Section 1.
REVISOR SS/CH 25-0369302/18/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1856
NINETY-FOURTH SESSION
Authored by Greenman03/03/2025
The bill was read for the first time and referred to the Committee on Workforce, Labor, and Economic Development Finance and Policy 2.1does not include any person performing solely manufacturing, administrative, sales,
2.2accounting, human resources, or driving work at, or to and from, a warehouse distribution
2.3center.
2.4 (e) (f) "Employee work speed data" means information an employer collects, stores,
2.5analyzes, or interprets relating to an individual employee's performance of a quota, including
2.6but not limited to quantities of tasks performed, quantities of items or materials handled or
2.7produced, rates or speeds of tasks performed, measurements or metrics of employee
2.8performance in relation to a quota, and time categorized as performing tasks or not
2.9performing tasks. Employee work speed data does not include itemized earnings statements
2.10pursuant to chapter 181, except for any content of those records that includes employee
2.11work speed data as defined in this paragraph.
2.12 (f) (g) "Employer" means a person who meets the definition in section 182.651,
2.13subdivision 7, and who directly or indirectly, or through an agent or any other person,
2.14including through the services of a third-party employer, temporary service, or staffing
2.15agency or similar entity, employs or exercises control over the wages, hours, or working
2.16conditions of 250 or more employees at a single warehouse distribution center or 1,000 or
2.17more employees at one or more warehouse distribution centers in the state. For purposes
2.18of this paragraph, all employees of an employer's unitary business, as defined in section
2.19290.17, subdivision 4, shall be counted in determining the number of employees employed
2.20at a single warehouse distribution center or at one or more warehouse distribution centers
2.21in the state.
2.22 (g) (h) "Warehouse distribution center" means an establishment as defined by any of
2.23the following North American Industry Classification System (NAICS) codes:
2.24 (1) 493110 for General Warehousing and Storage;
2.25 (2) 423 for Merchant Wholesalers, Durable Goods;
2.26 (3) 424 for Merchant Wholesalers, Nondurable Goods;
2.27 (4) 454110 for Electronic Shopping and Mail-Order Houses; and
2.28 (5) 492110 for Couriers and Express Delivery Services.
2.29 (h) (i) "Quota" means a work standard under which:
2.30 (1) an employee or group of employees is assigned or required to perform at a specified
2.31productivity speed, or perform a quantified number of tasks, or handle or produce a quantified
2.32amount of material, or perform without a certain number of errors or defects, as measured
2.33at the individual or group level within a defined time period; or
2Section 1.
REVISOR SS/CH 25-0369302/18/25 3.1 (2) an employee's actions are categorized and measured between time performing tasks
3.2and not performing tasks, and the employee's failure to complete a task performance standard
3.3may have an adverse impact on the employee's continued employment.
3.4 EFFECTIVE DATE.This section is effective January 1, 2026.
3.5 Sec. 2. Minnesota Statutes 2024, section 182.6526, is amended by adding a subdivision
3.6to read:
3.7 Subd. 5a.Automatic external defibrillators.(a) Employers must provide employees
3.8with reasonable access to an automatic external defibrillator for use in cases of emergency.
3.9Employers must also ensure that every employee can be reached within 2.5 minutes by
3.10someone with a current certification for training:
3.11 (1) meeting the requirements of appendix B of Code of Federal Regulations, title 29,
3.12section 1910.266;
3.13 (2) including appropriate instructions from the AED manufacturer regarding use of the
3.14AED;
3.15 (3) conducted by a person with the requisite knowledge, training, and experience; and
3.16 (4) presented in a manner that the employee was able to understand, including using
3.17content and vocabulary appropriate to the educational level, literacy, and language skills of
3.18the employees being trained.
3.19 (b) The training under paragraph (a) must be documented by a written certification record
3.20containing the employee's name, dates of training, and the signature of either the person
3.21who conducted the training or the employer. If an employer relies on training conducted
3.22prior to the employee's hiring or completed prior to the effective date of this section, the
3.23certification record must indicate the date the employer determined the prior training was
3.24current and adequate.
3.25 (c) Employers must maintain records of the most recent training certification for every
3.26employee used to meet the requirements of this subdivision.
3.27 (d) Training certifications under this subdivision remain current for no longer than two
3.28years after the final date of training.
3.29 EFFECTIVE DATE.This section is effective January 1, 2026.
3Sec. 2.
REVISOR SS/CH 25-0369302/18/25 4.1 Sec. 3. Minnesota Statutes 2024, section 182.6526, subdivision 6, is amended to read:
4.2 Subd. 6.Enforcement.(a) Subdivisions 2, paragraphs (a) to (c), 4, and 5, and 5a shall
4.3be enforced by the commissioner under sections 182.66, 182.661, and 182.669. A violation
4.4of this section is subject to the penalties provided under sections 182.666 and 182.669.
4.5 (b) A current or former employee aggrieved by a violation of this section may bring a
4.6civil cause of action for damages and injunctive relief to obtain compliance with this section;
4.7may receive other equitable relief as determined by a court, including reinstatement with
4.8back pay; and may, upon prevailing in the action, recover costs and reasonable attorney
4.9fees in that action. A cause of action under this section must be commenced within one year
4.10of the date of the violation.
4.11 (c) Nothing in this section shall be construed to prevent local enforcement of occupational
4.12health and safety standards that are more restrictive than this section.
4.13 EFFECTIVE DATE.This section is effective January 1, 2026.
4Sec. 3.
REVISOR SS/CH 25-0369302/18/25