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Minnesota State Plan

Minnesota State Plan

Minnesota State Plan

Minnesota
Overview
  • Initial Approval: June 8, 1973 (38 FR 15077)
  • State Plan Certification: September 28, 1976 (41 FR 42659)
  • 18(e) Final Approval: July 30, 1985 (50 FR 30832), amended Jan. 17, 1997 (62 FR 2561) and June 9, 2000 (65 FR 36622)

The Minnesota Occupational Safety and Health Administration (MNOSHA) is administered by the Minnesota Department of Labor and Industry. The main office is located in St. Paul.

Coverage

The Minnesota State Plan applies to private-sector workplaces in the state with the exception of:

  1. Offshore maritime employment;
  2. The enforcement of the field sanitation standard, 29 CFR 1928.110, and the enforcement of the temporary labor camps standard, 29 CFR 1910.142, with respect to any agricultural establishment where workers are engaged in "agricultural employment" within the meaning of the Migrant and Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3) – regardless of the number of workers – including workers engaged in hand packing of produce into containers, whether done on the ground, on a moving machine, or in a temporary packing shed, except that Minnesota retains enforcement responsibility over agricultural temporary labor camps for workers engaged in egg, poultry, or red meat production, or the post-harvest processing of agricultural or horticultural commodities;
  3. Any establishment owned or operated by an Indian tribe or by an enrolled member of an Indian tribe within an Indian reservation or on lands held in trust by the Federal Government. (Non-Indian businesses on reservations and trust lands are covered by the State);
  4. Contract employees and contractor-operated facilities engaged in United States Postal Service mail operations;
  5. Employment on land under exclusive federal jurisdiction adjacent to land formerly occupied by the Twin Cities Army Ammunition Plant. (The land formerly occupied by the plant is under State jurisdiction); and
  6. All working conditions of aircraft cabin crewmembers onboard aircraft in operation.

In addition, any hazard, industry, geographical area, operation or facility over which the State is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan shall be deemed to be an issue not covered by the finally approved plan, and shall be subject to federal enforcement.

Federal OSHA covers the issues not covered by the Minnesota State Plan except for the enforcement of the field sanitation and temporary labor camp standards which is the responsibility of the Wage-Hour Division of the U.S. Department of Labor. Federal OSHA covers Federal government employers, including the United States Postal Service. The Minnesota State Plan covers State and local government employers and employees. In addition, federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. MNOSHA also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

A brief summary of the Minnesota State Plan is included in the Code of Federal Regulations at 29 CFR 1952.8. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that federal OSHA resumes enforcement, those federal standards will be enforced. Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.

Unique State Plan Standards

MNOSHA has adopted most OSHA standards by reference; however, the State Plan has also adopted unique standards, including but not limited to:

General Industry

  • Personal Protective Equipment
  • Walking, Working Surfaces
  • Vent Pipe Outlets
  • Indoor Ventilation and Temperature in Places of Employment
  • Carbon Monoxide Monitoring
  • Illumination
  • Exit and Emergency Lighting
  • Ventilation for Garages
  • Window Cleaning
  • Machine Guarding
  • Hazardous Substances
  • Harmful Physical Agents
  • Infectious Agents
  • Safe Patient Handling
  • A Workplace Accident and Injury Reduction (AWAIR) Program

Construction

  • Demolition
  • Spray Painting of Building Interiors
  • Wire Rope Clips
  • Walking, Working Surfaces
  • Carbon Monoxide Monitoring
  • Cranes, Hoists, and Derricks
  • Warning Signs at Construction or Engineering Projects
  • Sanitation
  • Motorized Self-Propelled Vehicles
  • Powered Industrial Trucks
  • Servicing Multi-piece and Single Piece Rim Vehicles
  • Operation of Mobile Earth-Moving Equipment
  • Elevating Work Platform Equipment
  • Hazardous Substances
  • Harmful Physical Agents
  • Infectious Agents
  • A Workplace Accident and Injury Reduction (AWAIR) Program

For more information, including a link to differences between federal OSHA and MNOSHA, please visit MNOSHA's website at http://www.dli.mn.gov/OSHA/Standards.asp.

Enforcement Programs

MNOSHA is responsible for the enforcement of the safety and health standards. The MNOSHA directives provide guidance for its enforcement program. Compliance officers inspect workplaces for hazardous conditions and issue citations where violations of MNOSHA standards are found. Inspections may be the result of regular scheduling, imminent danger reports, fatalities, and worker complaints, or referrals. For more information, please visit the Minnesota State Plan website.

Voluntary and Cooperative Programs

MNOSHA offers voluntary and cooperative programs that focus on reducing injuries, illnesses, and fatalities. MNOSHA also offers on-site consultation services which help employers comply with MNOSHA standards and identify and correct potential safety and health hazards. For more information on these programs, please visit the Minnesota State Plan website.

Informal Conferences and Appeals

MNOSHA management personnel conduct informal conferences in an effort to resolve contested cases. Cases not resolved by informal conferences are placed in contest and are scheduled for hearing before an administrative law judge. Any party to the case may request a further review by the Occupational Safety and Health Review Board. These decisions can be appealed to the state Court of Appeals. For more information on these proceedings, please visit the Minnesota State Plan website.

Contact Information

Minnesota Department of Labor and Industry, Minnesota OSHA (MNOSHA)
  • 443 Lafayette Road North
  • St. Paul, Minnesota 55155-4307
  • (651) 284-5050 | (877) 470-6742
  • (651) 284-5741

  • Ken Peterson, Commissioner
  • (651) 284-5010
  • (651) 284-5721
  • Cindy Valentine Workplace Safety Manager
  • (651) 284-5602
  • (651) 284-5724
  • James Krueger, Compliance Director MNOSHA Compliance
  • (651) 284-5462
  • (651) 284-5741

Disclaimer

OSHA makes every effort to ensure that this webpage is accurate and up-to-date; however, for the latest information please contact the State Plan directly.

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