Did you know that every business in Minnesota is required to have established and implemented a COVID-19 Preparedness Plan per Emergency Executive Order 20-74? Plans were supposed to be in place by June 29th, 2020. (https://staysafe.mn.gov/) It’s not too late to get your plan in place.

In Minnesota, your COVID-19 Preparedness Plan must include the following:

  1. Policies and procedures that assist in the identification of sick workers and ensure sick workers stay home;
  2. Implementation of engineering and administrative protocols for social distancing;
  3. Worker hygiene and source controls, including face coverings;
  4. Workplace building and ventilation protocols;
  5. Workplace cleaning and disinfecting protocols;
  6. Drop-off, pick-up and delivery protection and protocols; and
  7. Communications and training practices and protocols.

Additional information may be required depending on your industry and your exposures.  Written programs do not need to be submitted to the Minnesota Department of Labor and Industry, but they must be available upon request. 

Be aware that there can be significant consequences for anyone who willfully violates the order. If anyone is guilty of a misdemeanor, it can be punishable by up to 90 days in a jail or a fine of up to $1,000. Any business owner or manager who requires an employee to violate the order can be punished with a gross misdemeanor and a fine of up to $3,000 or one-year imprisonment. In addition, OSHA can also fine employers for non-compliance. The most likely scenarios would include citations under the standards for the General Duty Clause, Personal Protective Equipment and Recordkeeping.

Another consideration for employers is that, if you are doing work in another state, you need to make sure that you are doing your due diligence to ensure you comply with any local or state regulations. At least 18 states require a written COVID-19 Preparedness Plan, while 16 states encourage plans or may require them for certain industries. 

Kraus-Anderson Risk Innovation services can help your company develop the required COVID-19 Preparedness Plans you may need. Our staff have been helping clients comply with the Minnesota requirements as well as many other state plans. We are also monitoring any changes in state plan requirements and will update your plan accordingly.

Written by: Sara Wilkins, Loss Prevention Specialist, Kraus-Anderson Risk Innovation