Emergency Executive Order 20-54
Protecting Workers from Unsafe Working Conditions and Retaliation During
the COVID-19 Peacetime Emergency
I, Tim Walz, Governor of the State of Minnesota, by the authority vested in me by the
Constitution and applicable statutes, issue the following Executive Order:
The COVID-19 pandemic presents an unprecedented challenge to our State. On March 13, 2020,
I issued Executive Order 20-01 and declared a peacetime emergency because this pandemic, an
act of nature, threatens the lives of Minnesotans, and local resources are inadequate to address
the threat. After notifying the Legislature, on April 13, 2020 and again on May 13, 2020, I issued
Executive Orders extending the peacetime emergency declared in Executive Order 20-01.
The COVID-19 pandemic has caused a public health crisis of significant proportions. Frontline
health care workers, emergency responders, and other workers are doing their jobs under
dangerous, demanding, and stressful conditions to provide critical services to Minnesotans.
Many of these workers are in direct contact with persons who have contracted COVID-19,
putting them at increased risk of exposure and infection. Infection of health care workers and
emergency responders from COVID-19 poses an immediate threat to the health care system and
the ability to provide critical medical services to those infected with COVID-19 and others in
need during this emergency. This increased risk is a threat to the public health of Minnesotans.
Although frontline workers are at heightened risk, all workers need protection from unsafe work
conditions during this pandemic. Workers whose jobs place them in regular proximity to coworkers or require regular engagement with the public are also at increased risk of COVID-19
exposure. Workers with an increased risk of exposure also have an increased risk of transmitting
the virus to others, including patients, residents, family-members, co-workers, and the public.
Workers continue to raise concerns regarding the safety of their work environments. For
example, recommended equipment to protect workers against COVID-19 is not always available
or being provided by employers, causing workers to raise concerns about the lack of protection
and to secure protective equipment on their own. Recent news reports contain accounts of
workers facing discipline or retaliation for raising concerns about protective equipment and their
safety, or for wearing protective equipment.
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 Workers should not have to sacrifice their health and safety for economic security. It is important
for workers to raise safety and health concerns freely and without fear of retaliation. Workers
should be protected from loss of income if they refuse to work under unsafe or unhealthy
conditions.
Furthermore, under federal and state anti-discrimination laws, including the Minnesota Human
Rights Act (“MHRA”), employers have an obligation to provide reasonable accommodation to
qualified employees with disabilities, which may include employees with health conditions who
are at high-risk, as determined by relevant guidelines from the Center for Disease Control and
Prevention (“CDC”) or Minnesota Department of Health (“MDH”), if they are exposed to or if
they contract COVID-19. Employers have an additional obligation to comply with the
requirements of Minnesota Statutes 2019, section 144.4196, for purposes of any qualifying
employee who has been subject to isolation or quarantine due to COVID-19.
Employees with disabilities can and should ask for reasonable accommodations when needed
related to COVID-19 and employers should engage in the interactive process to seek out
reasonable accommodations to ensure the health and safety of employees with disabilities.
In Minnesota Statutes 2019, section 12.02, the Minnesota Legislature conferred upon the
Governor emergency powers “to (1) ensure that preparations of this state will be adequate to deal
with disasters, (2) generally protect the public peace, health, and safety, and (3) preserve the
lives and property of the people of the state.” Pursuant to Minnesota Statutes 2019, section
12.21, subdivision 1, the Governor has general authority to control the state’s emergency
management as well as carry out the provisions of Minnesota’s Emergency Management Act.
Pursuant to subdivision 3 of that same section, the Governor may “make, amend, and rescind the
necessary orders and rules to carry out the provisions” of Minnesota Statutes 2019, Chapter 12.
When approved by the Executive Council and filed in the Office of the Secretary of State, such
orders and rules have the force and effect of law during the peacetime emergency. Any
inconsistent rules or ordinances of any agency or political subdivision of the state are suspended
during the pendency of the emergency.
For these reasons, I order as follows:
1. Pursuant to Minnesota Statutes 2019, section 182.654, subdivision 9, and Code of
Federal Regulations, title 29, section 1977.9(c), employers must not discriminate or
retaliate in any way against a worker communicating orally or in writing with
management personnel about occupational safety or health matters related to COVID19, including asking questions or expressing concerns.
2. Employers must not discriminate or retaliate in any way against any worker for
wearing gloves, a cloth face covering, eye protection, or other protective gear which
the worker has personally procured and reasonably believes will protect them, their
coworkers or the public against COVID-19 in the course of their work, provided that
the protective gear which the worker has personally procured does not violate
industry standards or existing employer policies related to health, safety, or decency.
Employers may require use of employer-provided protective gear that meets or
exceeds protective gear procured by employees.
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 3. Pursuant to Minnesota Statutes 2019, section 182.654, subdivision 11, workers have
the right to refuse to work under conditions that they, in good faith, reasonably
believe present an imminent danger of death or serious physical harm. This includes a
reasonable belief that they have been assigned to work in an unsafe or unhealthful
manner with an infectious agent such as COVID-19. Employers must not discriminate
or retaliate in any way against a worker for the worker’s good faith refusal to perform
assigned tasks if the worker has asked the employer to correct the hazardous
conditions but they remain uncorrected. These situations should be immediately
reported to the Minnesota Department of Labor and Industry (“DLI”).
4. Pursuant to Minnesota Statutes 2019, section 182.654, subdivisions 8 and 9, workers
and authorized representatives of workers have the right to request that DLI conduct
an inspection of their workplace if they believe that a violation of a safety or health
standard that threatens physical harm exists or that an imminent danger exists.
Employers must not discriminate or retaliate in any way against a worker because
such worker has requested an inspection or exercised any other right under Minnesota
Statutes 2019, Chapter 182.
5. DLI has authority to receive complaints about violations of paragraphs 1 through 4
and enforce these provisions using the procedures contained in Minnesota Statutes
2019, section 182.669, including awards of backpay and compensatory damages.
6. Pursuant to Minnesota Statutes 2019, section 268.095, any worker who quits their
employment because the employer has failed to correct an adverse work condition
related to the pandemic which would compel an average, reasonable worker to quit, if
the worker has complained to the employer about such adverse work condition and
has given the employer a reasonable opportunity to correct such adverse work
condition, to no avail, or has been retaliatorily terminated from their employment as a
result of exercising the worker rights described in paragraphs 1 through 4 of this
Executive Order, shall not lose unemployment insurance benefits eligibility under
existing law and Executive Order 20-05. Examples of an adverse work condition
include an employer’s failure to develop or implement a COVID-19 Preparedness
Plan, as required by applicable Executive Orders, or failure to adequately implement
Minnesota OSHA Standards or MDH and CDC Guidelines in the workplace related
to COVID-19.
7. Pursuant to the MHRA, Minnesota Statutes 2019, Chapter 363A, and the existing
authority of the Commissioner of Human Rights, I authorize and direct the
Commissioner of Human Rights to issue guidance, as necessary, consistent with
federal and state anti-discrimination laws, including the MHRA, regarding
employers’ obligations to provide reasonable accommodations related to COVID-19
for qualified employees with disabilities, as defined in the MHRA, which may
include employees with health conditions who are at high-risk, as determined by
relevant guidelines from the CDC or MDH, if they are exposed to or if they contract
COVID-19.

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 8. Reasonable accommodations related to COVID-19 for such employees may include,
but are not limited to, adjusting schedules or work stations, allowing employees to
work from home, or permitting use of leave.
9. The rights and protections set forth in this Executive Order are available to all
workers regardless of immigration status, and in addition to any other rights or
protections established by any other law, rule, regulation, executive order, contract, or
collective bargaining agreement.
Pursuant to Minnesota Statutes 2019, section 4.035, subdivision 2, and section 12.32, this
Executive Order is effective immediately upon approval by the Executive Council. It remains in
effect until the peacetime emergency declared in Executive Order 20-01 is terminated or until it
is rescinded by proper authority.
A determination that any provision of this Executive Order is invalid will not affect the
enforceability of any other provision of this Executive Order. Rather, the invalid provision will
be modified to the extent necessary so that it is enforceable.
Signed on May 13, 2020.

_____________________________________

Tim Walz
Governor

Filed According to Law:

_____________________________________

Steve Simon

Secretary of State

Approved by the Executive Council on May 13, 2020:

_____________________________________

Alice Roberts-Davis

Secretary, Executive Council

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