Minnesota OSHA rulemaking

Spring 2024 updates to rulemaking concerning Minnesota OSHA

Following the Minnesota legislative session that concluded May 19, 2024, Minnesota OSHA (MNOSHA) received the following policy and rule changes in a pair of bills written by House and Senate Committees.

Senate File 3852 included updates to Minnesota Statutes 182.6526, which will become effective Aug. 1, 2024. The updates included technical changes to the statute involving the definition of an employee, terms concerning investigative data and definitions concerning health care, warehousing and meatpacking facilities.

The bill also introduced requirements for surgical smoke evacuation system policies, which will require a health care employer to implement policies to prevent exposure to surgical smoke by use of a smoke evacuation system during any surgical procedure likely to generate surgical smoke. These requirements become effective Jan. 1, 2025.

House File 5247 directs MNOSHA to conduct rulemaking to lower the blood lead level when workers must be removed from exposure to lead. Also included are changes to the blood lead level when an employee can return to a position with exposure to lead. More information about this proposed rulemaking will be posted as updates occur.

Links to the bills

• Senate File 3852 – the updated technical changes are listed in Article 3 of the bill between lines 23.20 and 28.9. The information for surgical smoke begins on line 63.16.

• House File 5247 – the rulemaking concerning blood lead levels begins on line 179.30 in Article 9 of the bill.

Minnesota OSHA proposes improved recordkeeping and reporting standards for injury and illness tracking

On Jan. 25, 2019, federal OSHA published a final rule in the Federal Register to amend the recordkeeping regulation by rescinding the requirement for establishments to electronically submit information from OSHA forms 300 and 301. In addition, federal OSHA amended the recordkeeping regulation to require covered employers to submit their employer identification number (EIN) electronically along with their injury and illness data submission, which will facilitate use of the data and may help reduce duplicative employer reporting.

Minnesota OSHA (MNOSHA) adopted this final rule as published in the Federal Register Jan. 25, 2019, with the inclusion of all North American Industry Classification System (NAICS) codes/employers to Appendix A in subpart E. This final rule will apply to all Minnesota employers, regardless of NAICS code.

On July 21, 2023, federal OSHA published a final rule in the Federal Register, to amend its occupational injury and illness recordkeeping regulation to require certain employers to electronically submit injury and illness information to OSHA that employers are already required to keep under the recordkeeping regulation. Specifically, federal OSHA amended its regulation to require establishments with 100 or more employees to electronically submit information from their OSHA forms 300 and 301 to OSHA once a year. OSHA does not collect employee names or addresses, names of health care professionals, or names and addresses of facilities where treatment was provided if treatment was provided away from the worksite, from the forms 300 and 301. Establishments with 20 to 249 employees continue to be required to electronically submit information from their OSHA Form 300A annual summary to OSHA once a year. All establishments with 250 or more employees also continue to be required to electronically submit information from their Form 300A to OSHA on an annual basis. In addition, establishments are required to include their company name when making electronic submissions to OSHA. Federal OSHA stated it intends to post some of the data from the annual electronic submissions on a public website after identifying and removing information that could reasonably be expected to identify individuals directly, such as individuals’ names and contact information.

Minnesota OSHA, in this adoption, is including all NAICS codes in appendices A and B. Appendix A designates the industries required to submit their Form 300A data. Appendix B designates the industries required to submit forms 300 and 301 data.

Minnesota OSHA adopted this final rule as published in the Federal Register Jan. 25, 2019, with the inclusion of all NAICS codes/employers to appendices A and B in subpart E. This final rule will apply to all Minnesota employers, regardless of NAICS code.

By adopting these two final rules governing tracking of injuries and illnesses, sequentially, Minnesota OSHA seeks to harmonize its regulations with those of federal OSHA, with one exception. Unlike federal OSHA, Minnesota OSHA's proposed rules will not be limited to a subset of employers with designated NAICS codes.

On Dec. 18, 2023, MNOSHA adopted these improved recordkeeping and reporting provisions by reference as published in the State Register on Nov. 6, 2023.

• Final rule published in the Federal Register on Jan. 25, 2019

• Final rule published in the Federal Register on July 21, 2023

• Final rule published in the State Register on Dec. 18, 2023

2023 legislation

• 2023 legislative session summary for Minnesota OSHA

• 2023 legislation passed:  Senate File 3035-4

• Penalties:  See chart

• Safety committees:  Effective July 1, 2023, every public or private employer of 25 or fewer employees is required to establish and administer a safety committee if it is subject to the requirement of Minnesota Statutes 182.653, subdivision 8 (AWAIR). See 2023 Minnesota legislative changes (lines 106.14 to 106.24). See also, Minnesota Rules 5208.1500, Standard industrial classification list for AWAIR.

• Warehouse workers

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