Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1856 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to employment; establishing a worker safety requirement to provide access
3	3	1.3 to automatic external defibrillators and trained operators; amending Minnesota
4	4	1.4 Statutes 2024, section 182.6526, subdivisions 1, 6, by adding a subdivision.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 182.6526, subdivision 1, is amended to read:
7	7	1.7 Subdivision 1.Definitions.(a) The terms defined in this subdivision have the meanings
8	8	1.8given.
9	9	1.9 (b) "Aggregated employee work speed data" means a compilation of employee work
10	10	1.10speed data for multiple employees, in summary form, assembled in full or in another form
11	11	1.11such that the data cannot be identified with any individual.
12	12	1.12 (c) "Automatic external defibrillator" or "AED" means an electronic device designed
13	13	1.13and manufactured to operate automatically or semiautomatically for the purpose of delivering
14	14	1.14an electrical current to the heart of a person in sudden cardiac arrest.
15	15	1.15 (c) (d) "Commissioner" means the commissioner of labor and industry.
16	16	1.16 (d) (e)(1) Except as provided in clause (2), "employee" means a person who meets the
17	17	1.17definition in section 182.651, subdivision 9, and who works at a warehouse distribution
18	18	1.18center.
19	19	1.19 (2) For the purposes of subdivisions 2, 3, and 4, and 5a only, "employee" means a person
20	20	1.20who: (i) meets the definition in section 182.651, subdivision 9; (ii) does not meet any of
21	21	1.21the exceptions under section 177.23, subdivision 7, clauses (1) to (19); and (iii) performs
22	22	1.22warehouse work occurring on the property of a warehouse distribution center. Employee
23	23	1Section 1.
24	24	REVISOR SS/CH 25-0369302/18/25
25	25	State of Minnesota
26	26	This Document can be made available
27	27	in alternative formats upon request
28	28	HOUSE OF REPRESENTATIVES
29	29	H. F. No. 1856
30	30	NINETY-FOURTH SESSION
31	31	Authored by Greenman03/03/2025
32	32	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,
33	33	2.2accounting, human resources, or driving work at, or to and from, a warehouse distribution
34	34	2.3center.
35	35	2.4 (e) (f) "Employee work speed data" means information an employer collects, stores,
36	36	2.5analyzes, or interprets relating to an individual employee's performance of a quota, including
37	37	2.6but not limited to quantities of tasks performed, quantities of items or materials handled or
38	38	2.7produced, rates or speeds of tasks performed, measurements or metrics of employee
39	39	2.8performance in relation to a quota, and time categorized as performing tasks or not
40	40	2.9performing tasks. Employee work speed data does not include itemized earnings statements
41	41	2.10pursuant to chapter 181, except for any content of those records that includes employee
42	42	2.11work speed data as defined in this paragraph.
43	43	2.12 (f) (g) "Employer" means a person who meets the definition in section 182.651,
44	44	2.13subdivision 7, and who directly or indirectly, or through an agent or any other person,
45	45	2.14including through the services of a third-party employer, temporary service, or staffing
46	46	2.15agency or similar entity, employs or exercises control over the wages, hours, or working
47	47	2.16conditions of 250 or more employees at a single warehouse distribution center or 1,000 or
48	48	2.17more employees at one or more warehouse distribution centers in the state. For purposes
49	49	2.18of this paragraph, all employees of an employer's unitary business, as defined in section
50	50	2.19290.17, subdivision 4, shall be counted in determining the number of employees employed
51	51	2.20at a single warehouse distribution center or at one or more warehouse distribution centers
52	52	2.21in the state.
53	53	2.22 (g) (h) "Warehouse distribution center" means an establishment as defined by any of
54	54	2.23the following North American Industry Classification System (NAICS) codes:
55	55	2.24 (1) 493110 for General Warehousing and Storage;
56	56	2.25 (2) 423 for Merchant Wholesalers, Durable Goods;
57	57	2.26 (3) 424 for Merchant Wholesalers, Nondurable Goods;
58	58	2.27 (4) 454110 for Electronic Shopping and Mail-Order Houses; and
59	59	2.28 (5) 492110 for Couriers and Express Delivery Services.
60	60	2.29 (h) (i) "Quota" means a work standard under which:
61	61	2.30 (1) an employee or group of employees is assigned or required to perform at a specified
62	62	2.31productivity speed, or perform a quantified number of tasks, or handle or produce a quantified
63	63	2.32amount of material, or perform without a certain number of errors or defects, as measured
64	64	2.33at the individual or group level within a defined time period; or
65	65	2Section 1.
66	66	REVISOR SS/CH 25-0369302/18/25 3.1 (2) an employee's actions are categorized and measured between time performing tasks
67	67	3.2and not performing tasks, and the employee's failure to complete a task performance standard
68	68	3.3may have an adverse impact on the employee's continued employment.
69	69	3.4 EFFECTIVE DATE.This section is effective January 1, 2026.
70	70	3.5 Sec. 2. Minnesota Statutes 2024, section 182.6526, is amended by adding a subdivision
71	71	3.6to read:
72	72	3.7 Subd. 5a.Automatic external defibrillators.(a) Employers must provide employees
73	73	3.8with reasonable access to an automatic external defibrillator for use in cases of emergency.
74	74	3.9Employers must also ensure that every employee can be reached within 2.5 minutes by
75	75	3.10someone with a current certification for training:
76	76	3.11 (1) meeting the requirements of appendix B of Code of Federal Regulations, title 29,
77	77	3.12section 1910.266;
78	78	3.13 (2) including appropriate instructions from the AED manufacturer regarding use of the
79	79	3.14AED;
80	80	3.15 (3) conducted by a person with the requisite knowledge, training, and experience; and
81	81	3.16 (4) presented in a manner that the employee was able to understand, including using
82	82	3.17content and vocabulary appropriate to the educational level, literacy, and language skills of
83	83	3.18the employees being trained.
84	84	3.19 (b) The training under paragraph (a) must be documented by a written certification record
85	85	3.20containing the employee's name, dates of training, and the signature of either the person
86	86	3.21who conducted the training or the employer. If an employer relies on training conducted
87	87	3.22prior to the employee's hiring or completed prior to the effective date of this section, the
88	88	3.23certification record must indicate the date the employer determined the prior training was
89	89	3.24current and adequate.
90	90	3.25 (c) Employers must maintain records of the most recent training certification for every
91	91	3.26employee used to meet the requirements of this subdivision.
92	92	3.27 (d) Training certifications under this subdivision remain current for no longer than two
93	93	3.28years after the final date of training.
94	94	3.29 EFFECTIVE DATE.This section is effective January 1, 2026.
95	95	3Sec. 2.
96	96	REVISOR SS/CH 25-0369302/18/25 4.1 Sec. 3. Minnesota Statutes 2024, section 182.6526, subdivision 6, is amended to read:
97	97	4.2 Subd. 6.Enforcement.(a) Subdivisions 2, paragraphs (a) to (c), 4, and 5, and 5a shall
98	98	4.3be enforced by the commissioner under sections 182.66, 182.661, and 182.669. A violation
99	99	4.4of this section is subject to the penalties provided under sections 182.666 and 182.669.
100	100	4.5 (b) A current or former employee aggrieved by a violation of this section may bring a
101	101	4.6civil cause of action for damages and injunctive relief to obtain compliance with this section;
102	102	4.7may receive other equitable relief as determined by a court, including reinstatement with
103	103	4.8back pay; and may, upon prevailing in the action, recover costs and reasonable attorney
104	104	4.9fees in that action. A cause of action under this section must be commenced within one year
105	105	4.10of the date of the violation.
106	106	4.11 (c) Nothing in this section shall be construed to prevent local enforcement of occupational
107	107	4.12health and safety standards that are more restrictive than this section.
108	108	4.13 EFFECTIVE DATE.This section is effective January 1, 2026.
109	109	4Sec. 3.
110	110	REVISOR SS/CH 25-0369302/18/25