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Minnesota OSHA Compliance -- Differences between Minnesota OSHA and federal OSHA

Minnesota 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:

  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 two 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, with federal effective dates spanning from Dec. 1, 2013, to June 1, 2016. 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. The rule covers employees in general industry, construction, maritime operations and mining, as well as farming operations with more than 10 employees or a temporary labor camp. 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. The first effective date for all employers (Dec. 1, 2013) was to provide training about the new data sheet format and the new pictograms for labels. Labels and safety data sheets must conform to the changes by June 1, 2015 (Dec. 1, 2015, for distributors). Finally written programs and signs must be in compliance by June 1, 2016.

  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) -- Every public or private employer with more than 25 employees, a lost workday cases incidence rate in the top 10 percent of all rates for employers in the same industry; or a workers' compensation premium classification assigned to the greatest portion of the payroll for the employer must establish and administer a joint labor-management safety committee.

  5. Recordkeeping requirements -- All employers with 11 or more full- or part-time employees must comply with the OSHA recordkeeping requirements (OSHA 300 Log).

  6. Confined spaces (29 CFR 1910.146 and Minnesota Rules 5207.0300-.0304 -- For general industry, Minnesota OSHA has adopted the federal Permit-Required Confined Spaces standard, 29 CFR 1910.146. For the construction industry, Minnesota OSHA enforces Minnesota Rules 5207.0300-.0304.

  7. Lockout devices in construction (Minnesota Rules 5207.0600) -- Minnesota OSHA has adopted its own lockout/tagout standard for the construction industry. This standard is in addition to 29 CFR 1926.417, Lockout and Tagging of Circuits, and the portions of 29 CFR 1926 Subpart O, Motor Vehicles, Mechanized Equipment and Marine Operations, that address the control of potential energy. Employers in general industry must comply with 29 CFR 1910.147, The Control of Hazardous Energy.

  8. 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.

  9. Powered industrial trucks (29 CFR 1910.178(m)(12)) -- Federal OSHA has deleted and no longer enforces paragraph (m)(12) of 1910.178; Minnesota OSHA continues to enforce 1910.178 as originally adopted by reference, including paragraph (m)(12). For the remaining text of the standard, visitfederal OSHA'sWeb site.

  10. Minnesota OSHA has other requirements in addition to those listed here. Those interested may purchase a copy of the Minnesota OSHA Rules (see below).

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 for $24.95, plus $1.62 sales tax per copy (6.5 percent greater Minnesota tax), and $24.95, plus $1.75 sales tax per copy (7 percent St. Paul city tax). Add $5 postage and handling if mailed (totals:  $31.57 or $31.70); a check or money order made payable to the State of Minnesota must accompany the order; most major credit cards are also accepted.

Order code:  #3-18

Minnesota's Bookstore
Minnesota Department of Administration
660 Olive Street
St. Paul, MN  55155
Phone:  (651) 297-3000 or 1-800-657-3757
Include credit card information with orders faxed to:  (651) 215-5733.

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