Text: HF00451 Text: HF00453 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 88.8, Code 1995, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 4. AWARD OF ATTORNEY FEES AND COSTS. An
1 4 eligible party may be awarded reasonable attorney fees and
1 5 costs by the board if the party prevails on any significant
1 6 issue before the appeal board by achieving some of the
1 7 benefits the party sought in contesting the citation and if
1 8 the position of the commissioner was found not to be
1 9 substantially justified. An award pursuant to this subsection
1 10 shall not be made if special circumstances make an award
1 11 unjust, including action by the prevailing party to unduly or
1 12 unreasonably protract the proceedings. For purposes of this
1 13 subsection, "eligible party" means a party in a proceeding
1 14 before the appeal board that is a sole proprietorship,
1 15 partnership, corporation, association, unit of local
1 16 government, or public or private organization with a net worth
1 17 of not more than seven million dollars and no more than five
1 18 hundred employees, a cooperative association or charitable
1 19 organization with no more than five hundred employees, or an
1 20 individual with a net worth of not more than two million
1 21 dollars.
1 22 Sec. 2. Section 88.14, Code 1995, is amended by adding the
1 23 following new subsection:
1 24 NEW SUBSECTION. 13. PENALTIES - ABATEMENT PERIOD.
1 25 Notwithstanding any provision of this chapter to the contrary,
1 26 a civil penalty shall not be imposed, except for willful
1 27 violations, until the employer has failed to correct the
1 28 violation within the abatement period fixed in the citation.
1 29 Sec. 3. CONTINGENT EFFECTIVE DATE. This Act takes effect
1 30 when the director of the department of employment services
1 31 certifies to the general assembly that the Act does not
1 32 conflict with federal law or certifies to the general assembly
1 33 that the secretary of labor of the United States, or the
1 34 secretary's designee, has approved the Act.
1 35 EXPLANATION
2 1 This bill provides that a party that prevails on any
2 2 significant issue before the employment appeal board
2 3 concerning an occupational safety and health act (OSHA)
2 4 citation may be awarded reasonable attorney fees and costs by
2 5 the board if the position of the labor commissioner concerning
2 6 the citation was not substantially justified and an award of
2 7 fees and costs would not be unjust. The bill provides that
2 8 only certain parties are eligible for an award based on the
2 9 size or net worth of the party seeking a recovery.
2 10 This bill also provides that no civil penalty for an OSHA
2 11 violation, except for a willful violation, shall be imposed
2 12 until the employer has failed to correct the violation within
2 13 the abatement period specified in a citation.
2 14 This bill does not take effect until the director of the
2 15 department of employment services certifies that the bill does
2 16 not conflict with federal law or that the United States
2 17 secretary of labor has approved the bill.
2 18 LSB 2393HH 76
2 19 ec/cf/24
Text: HF00451 Text: HF00453 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
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