Minn. R. agency 151, ch. 5210, INVESTIGATIONS; CITATIONS; NOTICE OF CONTEST; MODIFYING ABATEMENT DATE; ABATEMENT VERIFICATION, pt. 5210.0530
The commissioner shall review the investigation report of the investigator. If on the basis of the report the commissioner believes that the employer has violated a requirement of Minnesota Statutes, section 182.653, or any standard, rule, or order adopted under the act, the commissioner shall issue to the employer either a citation and notification of penalty or a notification of failure to abate. A copy of the citation and notification of penalty or notification of failure to abate shall also be mailed to:
A citation and notification of penalty or notification of failure to abate shall be issued even though, after being informed of an alleged violation by the investigator, the employer immediately abates or initiates steps to abate the alleged violation. A citation and notification of penalty or notification of failure to abate shall be issued with reasonable promptness and in no event later than six months following the completion of the investigation of the alleged violation.
Upon receipt of a citation and notification of penalty or notification of failure to abate, the employer shall immediately post the citation and notification of penalty or notification of failure to abate, or an unedited copy, at or near each place an alleged violation referred to in the citation occurred, except as provided in this subpart. If, because of the nature of the employer's operations, it is not practicable to post the citation and notification of penalty or notification of failure to abate at or near each place of alleged violation, the unedited citation and notification of penalty or notification of failure to abate shall be posted in a prominent place where it will be readily observable by all affected employees. If the employer is engaged in activities that are physically dispersed, the citation and notification of penalty or notification of failure to abate shall be posted at the location to which affected employees report each day. Where affected employees do not primarily work at or report to a single location, the citation and notification of penalty or notification of failure to abate shall be posted at the locations from which the affected employees operate to carry out their activities. The employer shall take steps to ensure that the citation and notification of penalty or notification of failure to abate are not altered, defaced, or covered by other material.
Each uncontested citation and notification of penalty or uncontested notification of failure to abate, or an unedited copy, shall remain posted until the violation has been abated, or for 20 days, whichever is later. The filing by the employer, an employee, or an authorized employee representative of a notice of contest or letter of contest extends the employer's posting responsibility under this part until the contest is resolved through settlement agreement or other final disposition. If the contest is resolved through settlement agreement, the citation and notification of penalty or notification of failure to abate, or unedited copy, shall remain posted with the settlement agreement as required in part 5210.0596.
An employer that fails to comply with subparts 3 and 4 shall be subject to citation and penalty according to Minnesota Statutes, section 182.666, subdivision 5.
Minn. R. agency 151, ch. 5210, INVESTIGATIONS; CITATIONS; NOTICE OF CONTEST; MODIFYING ABATEMENT DATE; ABATEMENT VERIFICATION, pt. 5210.0530
Statutory Authority: MS s 182.657; 182.66