OSHA Laws in Minnesota (2026): Penalties Just Got Steeper

Most people think workplace safety laws are pretty straightforward. They’re not. Minnesota actually has its own version of OSHA that goes beyond federal rules in several important ways.

The penalties increased in October 2025. The fines can reach over $165,000 per violation. That’s not a typo. And if you’re an employer, you need to know these rules inside and out.

What Is Minnesota OSHA?

Minnesota runs its own workplace safety program. It’s called MNOSHA. This stands for Minnesota Occupational Safety and Health Administration.

MNOSHA covers both private businesses and state and local government workers. Federal OSHA only handles federal employees in Minnesota. So if you work for a private company or the state, MNOSHA is your safety watchdog.

The program started back in 1973. Minnesota got federal approval to run its own show in 1985. Why does this matter? Because Minnesota can make rules that are stricter than federal OSHA standards.

Wondering if this applies to you? If you work anywhere in Minnesota except for federal jobs or certain farm operations, MNOSHA has your back.

Basic OSHA Requirements in Minnesota

Minnesota employers have some serious responsibilities. You can’t just wing it when it comes to worker safety.

Every employer must provide a workplace free from recognized hazards. This is called the General Duty Clause. Basically, if something could hurt your workers and you know about it, you need to fix it.

Employers must follow all MNOSHA safety standards. These cover everything from fall protection to chemical safety. The rules get specific about ladder heights, guardrails, machine guards, and protective equipment.

You also need to report serious injuries. If someone dies on the job, you have eight hours to tell MNOSHA. For hospitalizations, amputations, or eye losses, you get 24 hours. Miss these deadlines and you’re looking at extra fines.

Sound complicated? It gets more detailed. But that’s the basic foundation every Minnesota employer needs to understand.

Special Minnesota-Only Requirements

Here’s where Minnesota goes its own way. The state has several requirements you won’t find in federal OSHA rules.

The AWAIR Program

Some Minnesota employers must create a written safety program. It’s called AWAIR. That stands for A Workplace Accident and Injury Reduction program.

Not every business needs one. MNOSHA keeps a list of industries that must comply. The list gets updated every five years based on injury rates. Construction companies, manufacturers, and healthcare facilities often make the list.

If your industry code is on that list, you need a written AWAIR program. The program must include specific goals for reducing injuries. It needs to explain how you’ll identify hazards. You have to show how you’ll investigate accidents and enforce safety rules.

Honestly, even if you’re not required to have an AWAIR program, it’s smart to create one anyway. Companies with good safety programs qualify for penalty reductions if MNOSHA shows up.

Employee Right-to-Know

Minnesota has its own chemical safety standard. It’s been around since 1983. This law goes beyond federal hazard communication rules.

Employers must train workers about hazardous chemicals. You also have to cover harmful physical agents like noise and radiation. Minnesota includes infectious agents too. Federal OSHA doesn’t require all that.

The training must happen annually. Federal rules only require one-time training. See the difference? Minnesota wants ongoing education.

You need safety data sheets for every hazardous substance in your workplace. Workers must know where to find them. Training records get kept for three years.

Not sure what counts as a hazardous substance? If it can hurt someone, it probably counts. Cleaning chemicals, gasoline, welding fumes, loud equipment. The list goes on.

Employer-Paid Safety Equipment

Minnesota law says employers must pay for all required safety gear. This includes hard hats, safety glasses, gloves, respirators, and steel-toed boots.

Federal OSHA has some exceptions. Minnesota doesn’t. If workers need it to do their jobs safely, you’re buying it. Period.

Safety Committees

Companies with more than 25 employees must have a safety committee. This is a joint labor-management group that meets regularly.

Starting in July 2023, smaller companies need committees too. If you have 25 or fewer workers but need an AWAIR program, you need a safety committee.

These aren’t just for show. The committees identify hazards, recommend solutions, and review injury reports. They’re a real tool for keeping people safe.

Penalties and Fines

Okay, this part is important. The penalties went up on October 1, 2025. They’re tied to inflation and increase every year.

Serious Violations

A serious violation means there’s a real chance of death or serious physical harm. These carry fines up to $16,550 per violation.

Think missing guardrails on elevated platforms. Unlabeled chemicals. Broken safety equipment. These violations get cited all the time.

Willful Violations

A willful violation is when you know about a hazard and ignore it. Maybe MNOSHA told you to fix something and you didn’t. Or you knew the rules and chose not to follow them.

The penalty range is $11,823 to $165,514 per violation. Yep, that’s the maximum. For employers with more than 50 workers, the minimum is $11,823. You can’t negotiate that down.

Repeated Violations

Get cited for the same problem twice within five years? That’s a repeated violation. The penalty can hit $165,514 per violation.

MNOSHA doesn’t mess around with repeat offenders. They assume you knew better and chose not to fix the problem.

Failure to Abate

MNOSHA gives you a deadline to fix violations. Miss that deadline and you get a failure-to-abate citation. This penalty stacks up at $16,550 per day until you fix it.

So simple! Fix problems on time or pay daily.

Death Penalties

If a serious, willful, or repeated violation causes or contributes to a worker’s death, special rules kick in. The minimum total penalty is $50,000 if there’s a willful or repeated violation. It drops to $25,000 if there’s no willful or repeated violation.

These penalties are non-negotiable. Small employers with fewer than 50 workers might qualify for payment plans, but the fines still hit hard.

Other-Than-Serious Violations

These are technical violations that probably won’t cause serious harm. The maximum penalty is $16,550. Many get reduced or don’t carry fines at all.

But don’t ignore them. Other-than-serious violations can become serious ones if someone gets hurt.

How MNOSHA Inspections Work

MNOSHA can show up without warning. Seriously. They don’t need to call ahead.

Inspections happen for several reasons. Maybe a worker filed a complaint. Or there was a serious injury. Sometimes MNOSHA targets high-risk industries with planned inspections.

Here’s what happens during an inspection. An officer shows up and presents credentials. They do a walk-through of your workplace. They look for hazards, check records, and interview workers.

If they find violations, you get a citation. It arrives by certified mail. You must post it where workers can see it for at least 20 days.

You have 20 calendar days to contest the citation. That’s faster than federal OSHA’s 30-day window. Don’t miss this deadline or you’re stuck with whatever they found.

Hold on, this part is important. Before you pay any fine, talk to a lawyer. Sometimes violations can be negotiated down. Good safety records can earn credits that reduce penalties.

Free Help Is Available

Not all of MNOSHA’s work involves enforcement. They also offer free help.

The Workplace Safety Consultation program provides on-site assistance. A consultant visits your business and identifies hazards. They help you understand OSHA standards and develop safety programs.

This service is completely free. It’s confidential too. If you request a consultation, MNOSHA won’t use what they find to cite you. That’s a pretty good deal.

The catch? You have to fix serious hazards they identify. But they give you time and help you figure out how.

Training and education programs are available too. MNOSHA holds free workshops on various safety topics. They have materials in multiple languages.

Recent Changes in 2025

Several things changed recently. You need to know about them.

The penalty amounts increased on October 1, 2025. They go up every January based on inflation. The 2025 adjustment brought serious violation fines from $16,131 to $16,550. Willful violations jumped from $161,323 to $165,514.

The AWAIR industry list was updated in February 2025. If your industry classification changed, you have six months to comply. Check the current list on MNOSHA’s website.

Minnesota passed the Brady Aune and Joseph Anderson Safety Act in May 2025. This law addresses scuba diving safety for aquatic invasive species removal work. It’s very specific, but if you do that kind of work, you need to know about it.

What You Need to Do

Let’s break down the action steps for employers.

First, figure out if you need an AWAIR program. Check your NAICS code against MNOSHA’s list. If you’re on it, you have six months to create a written program.

Second, make sure your Employee Right-to-Know training is up to date. This should happen annually. Keep records for three years.

Third, establish a safety committee if you have more than 25 employees. Or if you have fewer but need an AWAIR program.

Fourth, keep good injury records. If you have more than 10 employees, you must maintain OSHA logs. Submit them electronically to MNOSHA every year.

Fifth, post required notices. MNOSHA has specific posters about worker rights. These must be visible in your workplace.

Sixth, make sure workers have proper safety equipment. And remember, you’re paying for it.

Most people don’t realize how strict these laws are. Take them seriously from day one.

Worker Rights Under MNOSHA

Employees have protections too. You’re not alone, this confuses a lot of people.

Workers can refuse dangerous work. If you believe conditions are imminently dangerous to your life or health, you can say no. Your employer can’t punish you for this.

You can file complaints anonymously. Call MNOSHA at 651-284-5050 or toll-free at 877-470-6742. Or email [email protected].

Minnesota law prohibits retaliation. Your employer can’t fire you, cut your pay, or punish you for reporting safety concerns. If they do, you can file a retaliation complaint.

You have the right to see inspection results. If MNOSHA inspects your workplace, you can request copies of citations and abatement verification.

Training is your right too. Your employer must train you about workplace hazards at no cost to you. This happens on company time and you get paid for it.

Common Violations to Avoid

Some violations show up over and over. Learn from other people’s mistakes.

Hazard Communication is consistently in MNOSHA’s top ten most cited violations. This includes missing safety data sheets, inadequate training, and unlabeled containers.

Fall protection violations are common in construction. Missing guardrails, improper scaffolding, and lack of fall arrest systems get cited constantly.

Lockout/tagout violations happen when employers don’t properly control hazardous energy. Machines need to be locked out during maintenance. Workers need to be trained on the procedures.

Respiratory protection issues come up frequently. Employers either don’t have a written program, don’t fit-test employees, or don’t maintain equipment properly.

Walking and working surfaces violations include blocked exits, poor housekeeping, and damaged flooring. These seem minor but can cause serious injuries.

Electrical hazards like exposed wiring, improper grounding, and overloaded circuits appear in many industries. They’re easy to overlook but dangerous.

Personal protective equipment violations happen when employers don’t provide proper gear or train workers how to use it.

Pretty straightforward? These are the basics that trip up most businesses.

How to Report a Safety Concern

If you see something unsafe at work, you have options.

Tell your supervisor first. Many problems get fixed quickly when management knows about them. Document what you reported and when.

Contact your safety committee if one exists. That’s exactly what they’re there for.

File a complaint with MNOSHA if the problem doesn’t get fixed. You can do this online, by phone, or by mail. You don’t have to give your name.

For imminent danger situations, call MNOSHA immediately. They’ll prioritize inspections when workers face immediate risk of serious injury or death.

Keep records of your concerns. Write down dates, times, and what you observed. Take photos if it’s safe to do so.

Understanding Citations

When MNOSHA issues a citation, it includes specific information. You should understand what you’re looking at.

The citation identifies the violated standard. It quotes the exact rule you broke. This helps you understand what went wrong.

It describes the hazard and where it was found. MNOSHA inspectors are specific about locations and conditions.

The abatement date tells you when the violation must be fixed. Take this seriously. Missing this deadline triggers failure-to-abate penalties.

The proposed penalty amount is listed. This might be negotiable, especially if you have a good safety history and fix problems quickly.

Citations must be posted near where the violation occurred. Workers need to see them for at least 20 days or until you fix the problem, whichever is longer.

Getting Help with Compliance

You don’t have to figure this out alone. Resources are available.

MNOSHA Workplace Safety Consultation offers free on-site help. Call 651-284-5050 to request a consultant. They’ll visit your workplace and identify hazards.

Private safety consultants can help develop AWAIR programs and Employee Right-to-Know training. They cost money but can save you from expensive violations.

Industry associations often provide safety resources. Construction groups, manufacturing associations, and healthcare organizations have safety programs for members.

Insurance companies sometimes offer loss control services. Your workers’ compensation carrier might provide free safety assessments and training.

Online resources from MNOSHA include fact sheets, booklets, and sample programs. Their website has downloadable materials in English and Spanish.

Training providers offer OSHA 10-hour and 30-hour courses. These aren’t always required, but they teach valuable safety knowledge.

The Bottom Line

Minnesota takes workplace safety seriously. The state runs its own OSHA program with rules that often exceed federal standards.

Penalties have increased significantly. A single willful violation can cost over $165,000. Multiple violations can shut down a business.

But here’s the thing. Most violations are preventable. Companies that invest in safety programs, train their workers, and fix hazards avoid most problems.

Start with the basics. Know if you need an AWAIR program. Train workers about chemical hazards annually. Provide proper safety equipment. Create a safety committee if required.

Use the free resources available. MNOSHA wants to help, not just punish. Their consultation program can identify problems before they become citations.

Listen to your workers. They know where the hazards are. A good safety culture prevents injuries and keeps MNOSHA inspectors happy.

Stay current on changes. Penalties adjust every year. The AWAIR list updates every five years. New standards get adopted regularly.

Now you know the basics. Stay informed, stay safe, and when in doubt, call MNOSHA for guidance or consult a safety professional.

Frequently Asked Questions

Do all Minnesota employers need an AWAIR program?

No, only employers in specific industries listed by MNOSHA need AWAIR programs. The list is based on injury rates and gets updated every five years. Check your NAICS code against the current list on MNOSHA’s website to see if you’re required to have one.

How often do Minnesota employers need to train workers about chemical hazards?

Minnesota requires annual training for hazardous chemicals, harmful physical agents, and infectious agents. This is different from federal OSHA, which only requires one-time training. You must keep training records for three years.

Can MNOSHA inspect my workplace without warning?

Yes, MNOSHA can conduct surprise inspections. They don’t need to give advance notice. Inspections might happen due to worker complaints, serious injuries, or as part of planned enforcement targeting high-risk industries.

What should I do if I receive a MNOSHA citation?

You have 20 calendar days to contest the citation. Post it at or near where the violation occurred within this time. Consider consulting with a safety professional or attorney before deciding whether to contest or accept it. Fix the violation by the abatement date to avoid additional daily penalties.

Are small businesses exempt from OSHA requirements in Minnesota?

No, MNOSHA requirements apply to businesses of all sizes. However, some requirements vary by company size. For example, employers with more than 25 employees must have safety committees, while smaller employers only need them if they require AWAIR programs. Recordkeeping requirements apply to employers with more than 10 employees.

References

1. Minnesota Department of Labor and Industry MNOSHA Compliance – https://www.dli.mn.gov/about-department/our-areas-service/minnesota-osha-compliance
2. Federal OSHA Minnesota State Plan Information – https://www.osha.gov/stateplans/mn
3. MNOSHA Penalties and Citations Guidance – https://www.dli.mn.gov/business/workplace-safety-and-health/mnosha-compliance-inspection-citations-and-penalties
4. Minnesota AWAIR Program Requirements – https://www.dli.mn.gov/business/workplace-safety-and-health/mnosha-compliance-awair-program
5. Minnesota Employee Right-to-Know Standards – https://www.dli.mn.gov/business/workplace-safety-and-health/mnosha-compliance-standards-and-regulations