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Minnesota OSHA rulemaking

Legislative update:  Self-contained underwater breathing apparatus (scuba) diving

Associated hazards of scuba diving

  • Drowning due to panic, lack of experience, dive conditions, or equipment misuse or failure

  • Physical injury from contact with underwater equipment and structures

  • Disorientation due to low visibility, loss of direction, confusion and separation from dive partner

  • Thermal stress from varying temperature differences based on depth, work location and body of water

  • Physical stress or exhaustion from pulling, transporting and carrying large quantities of weeds and equipment

The use of scuba-diving equipment requires a high degree of knowledge and experience to operate safely.

New requirements

As part of the 2025 Minnesota state legislative session, the Brady Aune and Joseph Anderson Safety Act was passed (Minnesota Statutes section 182.679) and is effective May 2, 2025. It requires employers making improvements to land, including aquatic plant removal, and using scuba-diving equipment, to implement scuba-diving training and certification for employees, and to provide standardized, required equipment.

Employers subject to the Brady Aune and Joseph Anderson Safety Act are required to ensure their employees performing this process have valid open water scuba-diving certifications from a nationally recognized and accredited certification program or agency. The employer must require all individuals be trained in cardiopulmonary resuscitation (CPR) and first aid – this is to be an American Red Cross standard course or equivalent.

Additionally, employers are required to ensure employees use the following required equipment mandated by the new legislation:

  • a buoyancy control device;

  • a mask;

  • a compressed-gas cylinder and valve;

  • a primary regulator;

  • a breathing-gas monitoring device;

  • a quick-release weight system and weights;

  • at least one audible emergency surface-signaling device; and

  • an illuminated dive beacon.

When a diver requests the following equipment, the employer must provide:

  • a depth-monitoring device;

  • fins and snorkel;

  • an alternate air source;

  • adequate exposure protection appropriate for local dive conditions; and

  • a dive computer or recreational dive planner. 

When diving occurs, the employer must ensure a standby diver, as defined 29 CFR 1910 Subpart T, is available while a diver is in the water. 

In addition to the new requirements of Minnesota’s diving statute, employers are also obligated to adhere to the requirements under 29 CFR 1910 Subpart T of the commercial diving standard.

Annual permitting

In some circumstances, employers performing aquatic weed and plant removal processes are required to be annually permitted by the Minnesota Department of Natural Resources (DNR). Employers or their successors that have received citations for one or more willful violations issued by Minnesota OSHA (MNOSHA) Compliance during the previous two years or that have contested a citation for one or more willful diving-related violations during the pendency of a contested case will not be issued or allowed to renew a commercial mechanical control permit by DNR.

As part of the permitting process, employers must provide documentation to DNR verifying a third-party on-site hazard survey was completed in the past year by a qualified safety professional who observed the applicant’s work using scuba-diving equipment. The documentation must include a written report of the findings and recommendations to reduce the risk of injury or illness to employees who are scuba diving. The written report must include an evaluation of specific safety practices, equipment and training. A “qualified safety professional” includes:

  • a Department of Labor and Industry workplace safety and health consultant;

  • a workers’ compensation loss-control representative with approval from an insurance underwriter; or

  • a private safety consultant.

Assistance available

MNOSHA encourages employers to seek assistance from MNOSHA Workplace Safety Consultation’s free safety and health consultative services to help employers improve safety and health at their businesses. MNOSHA Workplace Safety Consultation can be reached at osha.consultation@state.mn.us, 651-284-5060 or 800-657-3776.

Minnesota OSHA lead rulemaking

Minnesota OSHA adopts updated Minnesota Rules 5208.1500, Standard industrial classification for AWAIR

Minnesota OSHA (MNOSHA) adopted Minnesota Rules 5208.1500, Standard industrial classification list for AWAIR, on March 17, 2025, as published in the Minnesota State Register on Feb. 3, 2025.

The A Workplace Accident and Injury Reduction (AWAIR) Act, subdivision 8, requires that a covered employer establish a written workplace accident and injury reduction program that promotes safe and healthful working conditions and is based on clearly stated goals and objectives for meeting those goals. Subdivision 9 of Minnesota Statutes 182.653 requires the commissioner of the Department of Labor and Industry to adopt a list of standard industrial classification (SIC) codes or North American Industry Classification System (NAICS) codes of employers that must comply with subdivision 8, and the list must be updated every five years. The list must be based on the safety record or workers' compensation record of the industries. Employers within the NAICS codes on the list must comply with subdivision 8 within six months following the date the NAICS code that applies to them is placed on the adopted list.

To meet the mandate of Minn. Stat. 182.653, subd. 9, Minnesota injury and illness statistics were reviewed. The revisions to the list are based on the Minnesota Occupational Injuries and Illnesses Survey, 2022, which was conducted by the Minnesota Department of Labor and Industry in cooperation with the U.S. Bureau of Labor Statistics. The survey results are reported as occupational injury and illness incidence rates by industry (NAICS). For all industries combined, the 2022 Minnesota survey results include industries with a case rate (per 100 full-time-equivalent employees) for days away from work, days of restricted work activity or job transfer (DART) at or above 2.3, or a total case incidence rate (recordable injuries and illnesses per 100 full-time-equivalent workers) at or above 3.8. These rates reflect the combined or "average" rates for all reporting industries. Those industries (NAICS) with an incidence rate higher than 3.8 or a DART rate higher than 2.3 are considered to have a higher-than-average rate of injuries and illnesses; therefore, they are required to comply with the AWAIR Act.

The adoption notice was published in the State Register on March 17, 2025.

Questions about this notice may be emailed to MNOSHA Compliance at osha.compliance@state.mn.us.

Minnesota OSHA adopts federal amended hazard communication standard

On May 20, 2024, federal OSHA published a final rule in the Federal Register to amend the Hazard Communication Standard (HCS) to conform to the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS). The modifications to the standard include, but are not limited to:  revised criteria for classification of certain health and physical hazards to better capture and communicate the hazards to downstream users; revised provisions for updating labels; new labeling provisions for small containers (including provisions addressing the labeling of small containers and the relabeling of chemicals that have been released for shipment); new provisions related to concentrations or concentration ranges being claimed as trade secrets; technical amendments related to the contents of safety data sheets (SDSs); and related revisions to definitions of terms used in the standard.

The amendments to HCS contained in the final rule enhance the effectiveness of the standard by ensuring employees are appropriately apprised of the chemical hazards to which they may be exposed. Minnesota adopted the standard Nov. 4, 2024.

Questions about this notice may be emailed to osha.compliance@state.mn.us.

Minnesota OSHA increases for maximum, minimum penalties

On Aug. 19, 2024, Minnesota OSHA (MNOSHA) published in the State Register, pursuant to Minnesota Statutes, section 182.666, subdivision 6a, the updated minimum and maximum for penalties (49 SR 178), as listed in the Federal Register, volume 89, published Jan. 11, 2024, to the corresponding federal penalties for occupational safety and health violations. The increase will become effective in Minnesota on Oct. 1, 2024, and apply to all fines assessed on or after that date.

This will increase the maximum penalty for a willful or repeated violation from $156,259 to $161,323. The minimum penalty for a willful violation will increase from $11,162 to $11,524. The maximum penalty for failing to correct a violation will increase from $15,625 to $16,131 per day beyond the required abatement date. Maximum penalties for serious violations, nonserious violations and posting requirement violations will increase from $15,625 to $16,131.

Any questions about this notice may be sent by electronic mail to osha.compliance@state.mn.us.

Minnesota OSHA penalties effective Oct. 1, 2024

Type of violation Penalty
Serious, nonserious, posting requirements Maximum = $16,131 each violation
Failure to abate Maximum = $16,131 a day beyond abatement date
Willful, repeated

Maximum = $161,323 each violation

Minimum (willful) = $11,524 each violation
Links

Final rule in Federal Register, Jan. 11, 2024

State Register, Aug. 19, 2024

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.

2023 legislation

Request to receive notices of Minnesota OSHA rule proceedings

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