Amendment 1ss0009a-3

1ss0009a-3 1ss0009a-3

1.1Senator Bigham moved to amend S.F. No. 9 as follows:
1.2Page 77, after line 26, insert:

1.3    "Sec. 4. [181.987] USE OF SKILLED AND TRAINED CONTRACTOR
1.4WORKFORCES AT PETROLEUM REFINERIES.
1.5    Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
1.6the meanings given.
1.7(b) "Contractor" means a vendor that enters into or seeks to enter into a contract with
1.8an owner or operator of a petroleum refinery to perform construction, alteration, demolition,
1.9installation, repair, maintenance, or hazardous material handling work at the site of the
1.10petroleum refinery. Contractor includes all contractors or subcontractors of any tier
1.11performing work as described in this paragraph at the site of the petroleum refinery.
1.12Contractor does not include employees of the owner or operator of a petroleum refinery.
1.13(c) "Registered apprenticeship program" means an apprenticeship program providing
1.14to each trainee combined classroom and on-the-job training under the direct and close
1.15supervision of a highly skilled worker in an occupation recognized as an apprenticeable
1.16occupation registered with the Department of Labor and Industry under chapter 178 or with
1.17the United States Department of Labor Office of Apprenticeship or a recognized state
1.18apprenticeship agency under Code of Federal Regulations, title 29, parts 29 and 30.
1.19(d) "Skilled and trained workforce" means a workforce in which the employees of the
1.20contractor or subcontractor of any tier working at the site of the petroleum refinery meet
1.21one of the following criteria:
1.22(1) are currently registered as apprentices in a registered apprenticeship program in the
1.23applicable trade;
1.24(2) have graduated from a registered apprenticeship program in the applicable trade; or
1.25(3) have completed all of the classroom training and work hour requirements needed to
1.26graduate from the registered apprenticeship program their employer participates in.
1.27(e) A contractor's workforce must meet the requirements of paragraph (d) above,
1.28according to the following schedule:
1.29(1) 65 percent by October 15, 2022;
1.30(2) 75 percent by October 15, 2023; and
1.31(3) 85 percent by October 15, 2024.
2.1(f) "Petroleum refinery" means a facility engaged in producing gasoline, kerosene,
2.2distillate fuel oils, residual fuel oil, lubricants, or other products through distillation of
2.3petroleum or through redistillation, cracking, or reforming of unfinished petroleum
2.4derivatives.
2.5(g) "Apprenticeable occupation" means any trade, form of employment, or occupation
2.6approved for apprenticeship by the Secretary of Labor or the commissioner of labor and
2.7industry.
2.8(h) "Original equipment manufacturer" (OEM) means and refers to organizations that
2.9manufacture or fabricate equipment for sale directly to purchasers or other resellers.
2.10    Subd. 2. Use of contractors by owner, operator; requirement. (a) An owner or operator
2.11of a petroleum refinery shall, when contracting with contractors for the performance of
2.12construction, alteration, demolition, installation, repair, maintenance, or hazardous material
2.13handling work at the site of the petroleum refinery, require that the contractors performing
2.14that work, and any subcontractors of any tier, use a skilled and trained workforce when
2.15performing all work at the site of the petroleum refinery.
2.16(b) The requirement under this subdivision applies only when each contractor and
2.17subcontractor of any tier is performing work at the site of the petroleum refinery.
2.18(c) The requirement under this subdivision does not apply to contractors or subcontractors
2.19hired to perform OEM work to comply with equipment warranty requirements.
2.20    Subd. 3. Penalties. The Division of Labor Standards shall receive complaints of violations
2.21of this section. The commissioner of labor and industry shall fine an owner, operator,
2.22contractor, or subcontractor of any tier not less than $5,000 nor more than $10,000 for each
2.23violation of the requirements in this section. Each shift on which a violation of this section
2.24occurs shall be considered a separate violation. This penalty is in addition to any penalties
2.25provided under section 177.27, subdivision 7. In determining the amount of a civil penalty
2.26under this subdivision, the appropriateness of the penalty to the size of the violator's business
2.27and the gravity of the violation shall be considered.
2.28    Subd. 4. Civil actions. A person injured by a violation of this section may bring a civil
2.29action for damages against an owner or operator of a petroleum refinery. The court may
2.30award to a prevailing plaintiff under this subdivision damages, attorney fees, costs,
2.31disbursements, and any other appropriate relief as otherwise provided by law.
2.32EFFECTIVE DATE.This section is effective October 15, 2022."
2.33Renumber the sections in sequence and correct the internal references
3.1Amend the title accordingly
3.2The motion prevailed. #did not prevail. So the amendment was #not adopted.