On June 7, 2022, the Minnesota Department of Labor and Industry (MNDOLI) released its long-awaited Approved Employer Notice regarding requirements under the Frontline Workers Compensation Act.
As noted in our previous articles outlining the requirements of the Frontline Workers Compensation Act (found here and here), employers must notify their employees, informing them of their ability to make a claim for frontline workers compensation. , within fifteen days of the opening of the application period. (which is tentatively June 8, 2022). Regarding notice, the law provides the following:
(a) An employer must provide notice using the same means that the employer uses to provide other work-related notices to employees.
(b) Notice provided under paragraph (a) must be at least as prominent as:
(1) post a copy of the notice at each workplace where workers work and where the notice can be readily observed and reviewed by all workers working at the site; Where
(2) provide a paper or electronic copy of the notice to all workers.
The law specifically states that the notice must be approved by the Commissioner of MNDOLI, but MNDOLI had previously provided no approved notice. This had left many employers with questions about how to comply with this requirement. Fortunately, this update marks the first time that MNDOLI has published the approved review.
Notably, MNDOLI also addressed in a fact sheet another point of confusion for many employers – the meaning and scope of the term “frontline sectors” – and MNDOLI provided clarification. For example, MNDOLI has defined different types of businesses for each of the fifteen listed categories of “frontline sectors” and provided the following list to “give a general idea of the type of employment covered by frontline sectors”:
(1) Long-term care and home care. Examples of employers in this sector include: nursing homes; group homes; hospices; home care; residential establishments for drug addicts and alcoholics; and service flats.
(2) Health care. Examples of employers in this sector include the offices of doctors, chiropractors, optometrists, mental health specialists and dentists. It also includes: hospitals and medical clinics; family planning centers; drug addiction centres; dialysis centers; medical laboratories; blood and organ banks; stand-alone ambulatory surgery and emergency centres; diagnostic imaging centers; and private air or land ambulance services.
(3) Emergency responders. Examples of employers in this sector include: police and fire departments; state police; sheriff’s offices; and public ambulance and fire services.
(4) Public health, social service and regulatory service. Examples of employers in this sector include: social service organizations; air and water resources and solid waste management programs; and government regulatory entities.
(5) Courts and corrections. Examples of employers in this sector include: the state court system; state-run prisons, jails and detention centers; district attorneys’ offices; public defenders’ offices; and state-run parole offices and probation offices.
(6) Child care. Examples of employers in this sector include: child care services; preschool; preschool centers; before and after school care; and Head Start programs.
(seven) Schools, including charter schools, public schools, and higher education. Examples of employers in this sector include: K-12 schools; colleges, universities and junior colleges; vocational schools; and business, technical and commercial schools.
(8) Food service, including production, processing, preparation, sale and delivery. Examples of employers in this sector include: crop and livestock production and processing; aquaculture; food and beverage manufacturing; wholesalers; food and drink shops; restaurants and cafeterias; grocery stores; food service; mobile food services; and caterers.
(9) Retail, including sales, fulfillment, distribution and delivery. Examples of employers in this sector include: retail stores and other direct selling establishments; electronic shopping; motor vehicle and parts dealers; service stations; postal services; private mail centers, couriers and express delivery services; local courier and delivery services; and general and refrigerated warehousing and storage facilities.
(ten) Temporary shelters and hotels. Examples of employers in this sector include: hotels; motel; guest rooms; emergency and other rescue services; community food services, food banks or pantries; soup kitchens; and temporary shelters.
(11) Building services, including maintenance and janitorial. Examples of employers in this sector include: janitorial services; facility maintenance services; and security services.
(12) Public transport. Examples of employers in this sector include: mass transit and ground passenger transportation, such as commuter rail systems, light rail systems, buses, and other motor vehicle mass transit systems; bus terminals and service facilities; transportation of the elderly and people with special needs; and school bus transportation.
(13) Land and air transport services. Examples of employers in this sector include: airport operations; air traffic control; motor vehicle towing; haulage; loading or unloading at truck terminals; and transportation and storage.
(14) Manufacturing. Examples of employers in this sector: manufacturing facilities for products including but not limited to leather, clothing, wood, paper, petroleum, chemicals, plastics, rubber, metal, fabricated metal, computer and electronic products, medical equipment and supplies, and furniture.
(15) Professional reintegration. This sector includes vocational rehabilitation services.
Notwithstanding the above, the law imposes no obligation on employers (apart from the notice requirement discussed above) to identify their sectors for employees. Rather, it is the employee’s responsibility to identify the sector and apply for benefits.