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.
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 two years.
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. Until each effective date of the standard is reached, Minnesota employers may comply with the revised Part 1910.1200 or the current Minnesota ERTK requirements. All employers must be in compliance with the entire standard by June 1, 2016.
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.
Safety committees (Minnesota Statutes 182.676) -- All employers with more than 25 employees, with either a lost-workday cases incidence rate in the top 10 percent of all rates for employers in the same industry or with a workers' compensation premium classification rate in the top 25 percent of premium rates for all classes must establish and administer a joint labor-management safety committee. The requirements for organizing a safety committee and the committee's duties can be found in Minnesota Rules
Recordkeeping requirements -- All employers with 11 or more full- or part-time employees must comply with the OSHA recordkeeping requirements (OSHA 300 Log), regardless of industry or NAICS code.
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.
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.
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).
Minnesota OSHA has other requirements in addition to those listed here. Those interested may buy a copy of the Minnesota OSHA Rules (see below).
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's Bookstore. The bookstore is located at 660 Olive Street, St. Paul, MN 55155.
Contact the bookstore
Phone: (651) 297-3000 or 1-800-657-3757