Text: HSB00055 Text: HSB00057 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 30.7, subsection 5, Code 1997, is 1 2 amended to read as follows: 1 3 5. The department of workforce development shall compile 1 4 data or information from the emergency and hazardous chemical 1 5 inventory forms required to be submitted to the commission 1 6 under section 312 of the Emergency Planning and Community 1 7 Right-to-know Act, 42 U.S.C. } 11022, by county, and shall1 8make the compiled reports available, annually, to each county1 9in the state by providing the report to at least one public1 10library in the named county. 1 11 Sec. 2. Section 88.6, subsection 5, Code 1997, is amended 1 12 to read as follows: 1 13 5. SPECIAL INSPECTIONS. Any employees or authorized 1 14 employee representative who believes that a violation of a 1 15 safety or health standard exists that threatens physical harm, 1 16 or that an imminent danger exists, may request an inspection 1 17 by giving notice to the commissioner or the commissioner's 1 18 authorized representative of such violation or danger. Any 1 19 such notice shall be reduced to writing, shall set forth with 1 20 reasonable particularity the grounds for the notice, and shall 1 21 be signed by the employees or authorized employee 1 22 representative, and a copy shall be provided the employer or 1 23 the employer's agent no later than at the time of inspection, 1 24 except that upon the request of the person giving such notice 1 25 the person's name and the names of individual employees 1 26 referred to therein shall not appear in such copy or on any 1 27 record published, released, or made availablepursuant to this1 28section. If, upon receipt of such notification, the 1 29 commissioner determines that there are reasonable grounds to 1 30 believe that such violation or danger exists, the commissioner 1 31 shall make a special inspection in accordance with the 1 32 provisions of this section as soon as practicable, to 1 33 determine if such violation or danger exists. If the 1 34 commissioner determines that there is no reasonable grounds to 1 35 believe that a violation or danger exists, the commissioner 2 1 shall notify the employees or authorized employee 2 2 representative in writing of such determination. 2 3 Sec. 3. Section 88.6, subsection 7, Code 1997, is amended 2 4 to read as follows: 2 5 7. GENERAL. Any information obtained by the commissioner 2 6 under this chapter shall be obtained with a minimum burden 2 7 upon employers. An investigative report made under this 2 8 chaper shall be treated as a peace officers' investigative 2 9 report for purposes of chapter 22. Except for the purpose of 2 10 administration of this chapter, no information received by the 2 11 commissioner or the commissioner's representativefrom an2 12employer, in compliance with and pursuant to this chapter, 2 13 shall be admissible in any action brought by or for the 2 14 benefit of any person. Unnecessary duplication of efforts in 2 15 obtaining information shall be reduced to the maximum extent 2 16 feasible. 2 17 Sec. 4. Section 88A.11, subsection 3, Code 1997, is 2 18 amended to read as follows: 2 19 3. The commissioner may exempt amusement devices from the 2 20 provisions of this chapter that have self-contained wiring 2 21 installed by the manufacturer, that are operated manually by 2 22 the use of hands or feet, that operate on less than one 2 23 hundred twenty volts of electrical power, and that are 2 24 fixtures or appliances within or part of a structure subject 2 25 to the building code of this state or any political 2 26 subdivision of this state. 2 27 Sec. 5. Section 88B.6, subsection 2, paragraph a, 2 28 subparagraph (3), Code 1997, is amended to read as follows: 2 29 (3) An asbestos management planner for a schoolor a2 30public or commercialbuilding. 2 31 Sec. 6. Section 91C.8, subsection 9, Code 1997, is amended 2 32 by adding the following new unnumbered paragraphs: 2 33 NEW UNNUMBERED PARAGRAPH. Notwithstanding chapter 17A, the 2 34 Iowa administrative procedure Act, the commissioner may obtain 2 35 judicial review or enforcement of any final order or decision 3 1 of the appeal board by filing a petition in the district court 3 2 of the county in which the alleged violation occurred or in 3 3 which the employer has its principal office. The judicial 3 4 review provisions of chapter 17A shall govern such proceedings 3 5 to the extent applicable. 3 6 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 10A.601, 3 7 subsection 7, and chapter 17A, the Iowa administrative 3 8 procedure Act, the commissioner has the exclusive right to 3 9 represent the appeal board in any judicial review of an appeal 3 10 board decision under this chapter in which the commissioner 3 11 does not appeal the appeal board decision. However, upon 3 12 request of the commissioner, the attorney general shall 3 13 represent the commissioner. 3 14 Sec. 7. Section 95.2, unnumbered paragraph 1, Code 1997, 3 15 is amended to read as follows: 3 16 Application for a license shall be made in writing to the 3 17 labor commissioner. The application must contain the name of 3 18 the applicant, and if the applicant is a firm, the names of 3 19 the members, and if it is a corporation, the names of the 3 20 officers; and the name, number, and address of the building 3 21 and place where the employment agency is to be conducted. The 3 22 application must be accompanied bythe affidavits of at least3 23two reputable citizens of the state in no way connected with3 24the applicant, certifying to the good moral character and3 25reliability of the applicant, or, if a firm or corporation, of3 26each of the members or officers, and that the applicant is a3 27citizen of the United States, if a natural person; alsoa 3 28 surety company bond in the sum of twenty thousand dollars when 3 29 an employee is required to contribute to the payment of fees, 3 30 to be approved by the labor commissioner and conditioned to 3 31 pay any damages that may accrue to any person because of a 3 32 wrongful act, or violation of law, on the part of the 3 33 applicant in the conduct of the business. The application 3 34 must be accompanied by a schedule of fees to be charged for 3 35 services rendered to patrons, which schedule shall not be 4 1 changed during the term of license without consent being first 4 2 given by the labor commissioner. 4 3 Sec. 8. REPEAL. Sections 90A.3 and 91A.13, Code 1997, are 4 4 repealed. 4 5 EXPLANATION 4 6 The bill eliminates the requirement that the department of 4 7 workforce development compile data included in emergency and 4 8 hazardous chemical inventories by county and to provide the 4 9 compiled reports to at least one public library in each 4 10 county. The bill does not eliminate the duty to compile the 4 11 data. 4 12 The bill also prohibits the release of the name of a person 4 13 who reports a possible occupational safety and health Act 4 14 (OSHA) violation under any circumstance. 4 15 The bill provides that an OSHA investigative report shall 4 16 be treated as a confidential record for purposes of the public 4 17 records law in the same manner as a peace officers' 4 18 investigative report. In addition, all information received 4 19 by the labor commissioner, or the commissioner's 4 20 representative, in compliance with the OSHA chapter shall not 4 21 be admissible in any action for the benefit of any person. 4 22 The information can still be used for the purpose of 4 23 administering the OSHA chapter. Currently, only information 4 24 received from an employer is deemed inadmissible. 4 25 The bill allows the labor commissioner to exempt an 4 26 amusement device that is an appliance and not a fixture from 4 27 the provisions of chapter 88A concerning the safety inspection 4 28 of amusement rides. 4 29 The bill eliminates the requirement that an asbestos 4 30 management planner of public and commercial buildings be 4 31 licensed. 4 32 The bill permits the labor commissioner to appeal any order 4 33 from the employment appeal board concerning construction 4 34 contractors and also allows the labor commissioner the 4 35 exclusive authority to represent the appeal board in cases 5 1 where the commissioner does not appeal. 5 2 The bill eliminates the requirement that employment 5 3 agencies produce affidavits certifying the good moral 5 4 character of the officers of the employment agency prior to 5 5 obtaining a license in this state. 5 6 The bill also repeals the section requiring the state 5 7 commissioner of athletics to appoint a secretary. The bill 5 8 also repeals the section prohibiting the labor commissioner 5 9 from taking claims for wages based on an act committed prior 5 10 to July 1, 1975, the effective date of chapter 91A. 5 11 LSB 1307DP 77 5 12 ec/jw/5
Text: HSB00055 Text: HSB00057 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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