EMPLOYER RIGHTS AND RESPONSIBILITIES An employer‘s rights and responsibilities under the Act include, but are not limited to, the following: • An employer must furnish to employees conditions of employment that are free from recognized hazards that are causing or are likely to cause death or serious injury. • Employers are entitled to participate in the development, revision or revocation of OSHA standards by commenting on proposed standards, participating in hearings concerning standards, or by requesting the development of a new standard. • An employer may request a variance from the requirements of a particular OSHA standard if the employer is unable to meet the mandates of that standard and wishes to use alternative means of compliance. • Employers are entitled to protection of trade secrets or other legally privileged communications. • Employers must post the Safety and Health Protection on the Job poster in their places of employment. Posters may be obtained from the Minnesota Department of Labor and Industry. Contact information provided in the Resource Directory section of this Guide. • Employers must provide to their employees all necessary protective equipment required by OSHA standards at no cost to the employee. • An employer who receives a citation and/or proposed monetary penalty following an OSHA inspection may contest the citation or penalty by submitting a Notice of Contest to the Commissioner of the Department of Labor and Industry. • Employers may obtain technical assistance from OSHA by writing or calling any of the area offices listed in the Resource Directory section of this Guide or by accessing the Minnesota Department of Labor and Industry or federal OSHA on the internet. Employers can be fined up to $25,000 if a violation of state standards, rules, or orders results in the death of an employee. A small employer exception helps protect small companies (fewer than 50 employees) from bankruptcy by allowing the $25,000 fine to be broken up into five annual $5,000 installments as long as the violation is not deemed to be willful or repeated. The state labor and industry commissioner can elect to waive the fine each year after the first if the employer is not cited for any more violations. Businesses will be exempt from such fines if the owner or an employee with a controlling interest in the company is the one who dies. Separate provisions of the law lengthen employee notice requirements by requiring employers to post notices of a citation at or near the place where a violation occurred for 20 days. Previous law required 15 days.
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