MNOSHA Compliance: Differences between Minnesota and federal OSHA

Employers under the jurisdiction of Minnesota OSHA must comply with both the federal OSHA standards adopted by reference in Minnesota and Minnesota Statutes and Rules. Differences between federal and Minnesota OSHA regulations include the following.

1. A workplace accident and injury reduction (AWAIR) program (Minnesota Statutes 182.653, subd. 8; Minnesota Rules 5208.1500) – Employers in certain North American Industrial Classification System (NAICS) codes are required to create and implement a comprehensive written safety and health program called "A Workplace Accident and Injury Reduction" (AWAIR) program. The NAICS list includes industries with an incidence rate or a severity rate above the Minnesota average. The list is revised every five years.

2. Employee right-to-know (Minnesota Rules Chapter 5206) and Hazard communication/GHS (29 CFR 1910.1200) – Hazard communication/GHS was adopted in Minnesota on Sept. 10, 2012. However, Minnesota OSHA did not adopt the federal exceptions in Part 1910.1200 (b)(6)(xi) and (xii) – ionizing and nonionizing radiation and biological agents – because they are covered under Minnesota employee right-to-know (ERTK) requirements. In addition, while Part 1910.1200 requires one-time retraining, Minnesota OSHA will retain its annual training requirements for all chemicals, physical agents and infectious agents, as well as the three-year recordkeeping requirement.

3. Employer-paid personal protective equipment (PPE) (Minnesota Statutes 182.655, subd. 10a) – Employers must provide and pay for all PPE required for employees to perform their jobs safely. PPE should only be used when all feasible engineering controls, work practices and administrative controls have been implemented, but are not enough to adequately protect employees.

4. Safety committees (Minnesota Statutes 182.676) – The statute requires all employers with more than 25 employees to establish and administer a joint labor-management safety committee. Employers with 25 or fewer employees shall establish and administer a safety committee if it is subject to the requirements of Minn. Stat. 182.653, subd. 8.

5. Recordkeeping requirements – All employers with more than 10 employees at any time during the last calendar year must comply with the OSHA recordkeeping requirements, regardless of industry or NAICS code.

6. Lockout devices in construction (Minnesota Rules 5207.0600) – Minnesota OSHA has adopted its own lockout requirements in addition to those found in 29 CFR 1926.417 and the portions of 29 CFR 1926 Subpart O, Motor Vehicles, Mechanized Equipment and Marine Operations, that address the control of potential energy.

7. Permissible exposure limits (PELs) (29 CFR 1910.1000 – Air Contaminants) – In 1989, federal OSHA revised its PELs under 1910.1000, which Minnesota OSHA adopted. Although federal OSHA has since reverted to the pre-1989 PELs, Minnesota OSHA still enforces the 1989 PELs for substances that are not covered by separate standards.

8. Powered industrial trucks (29 CFR 1910.178(m)(12)) – Federal OSHA has deleted and no longer enforces paragraph (m)(12) of 1910.178, which applies to lifting personnel. Minnesota OSHA continues to enforce 1910.178 as originally adopted by reference, including paragraph (m)(12).

9. Minnesota OSHA has other requirements in addition to those listed here. Those interested may view them online at www.revisor.mn.gov (search for either Minnesota Statutes 182 or Minnesota Rules Chapters 5205, 5206, 5207 and 5208) or buy a copy of the Minnesota OSHA Rules, which also includes administrative requirements under Minnesota Rules Chapters 5210 and 5215 (see below).

Purchase Minnesota OSHA rules

The most recent copy of Minnesota OSHA rules, which includes the "Employee right-to-know standards" and "A Workplace Accident and Injury Reduction Act," is available through Minnesota Government Publications dba Allegra Eagan at mngovpublications.com.