SF 1603

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to railroads; prohibiting railroad company 
  1.3             from obstructing treatment of railroad worker injured 
  1.4             on the job or from disciplining or threatening to 
  1.5             discipline injured railroad employee for requesting 
  1.6             treatment or first aid; proposing coding for new law 
  1.7             in Minnesota Statutes, chapter 219. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [219.552] [OBSTRUCTING TREATMENT OF INJURED 
  1.10  WORKER.] 
  1.11     It is unlawful for a railroad company or person employed by 
  1.12  a railroad company negligently or intentionally to: 
  1.13     (1) deny, unreasonably delay, or interfere with medical 
  1.14  treatment or first aid treatment to an employee of a railroad 
  1.15  who has been injured during employment; or 
  1.16     (2) discipline or threaten to discipline an employee who 
  1.17  has been injured during employment for requesting medical 
  1.18  treatment or first aid treatment. 
  1.19     Sec. 2.  [219.553] [ENFORCEMENT.] 
  1.20     Subdivision 1.  [PENALTY.] The commissioner of 
  1.21  transportation may issue an order assessing a penalty to the 
  1.22  violating railroad company of up to $10,000 for a violation of 
  1.23  section 219.552.  In determining the amount of the penalty, the 
  1.24  commissioner shall consider those factors that must be 
  1.25  considered in determining a monetary penalty under section 
  1.26  221.036, subdivision 3.  The contents of the order must include 
  2.1   the provisions specified in section 221.036, subdivision 4. 
  2.2      Subd. 2.  [ADMINISTRATIVE HEARING OR JUDICIAL REVIEW.] A 
  2.3   railroad company against which a penalty is imposed under 
  2.4   subdivision 1 may request an expedited administrative hearing or 
  2.5   judicial review in district court.  An expedited administrative 
  2.6   hearing under this subdivision must follow the procedure 
  2.7   provided in section 221.036, subdivision 7.  Judicial review 
  2.8   under this subdivision is as provided in section 221.036, 
  2.9   subdivision 8. 
  2.10     Subd. 3.  [ENFORCEMENT OF PENALTY.] A penalty ordered under 
  2.11  subdivision 1 and due and payable under this section may be 
  2.12  enforced by the attorney general in the manner provided under 
  2.13  section 221.036, subdivision 11.