Text: HSB00677                          Text: HSB00679
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 678

Bill Text

PAG LIN
  1  1    Section 1.  Section 88.6, subsection 5, Code 1997, is
  1  2 amended to read as follows:
  1  3    5.  SPECIAL INSPECTIONS.  Any employees or authorized
  1  4 employee representative who believes that a violation of a
  1  5 safety or health standard exists that threatens physical harm,
  1  6 or that an imminent danger exists, may request an inspection
  1  7 by giving notice to the commissioner or the commissioner's
  1  8 authorized representative of such violation or danger.  Any
  1  9 such notice shall be reduced to writing, shall set forth with
  1 10 reasonable particularity the grounds for the notice, and shall
  1 11 be signed by the employees or authorized employee
  1 12 representative, and a copy shall be provided the employer or
  1 13 the employer's agent no later than at the time of inspection,
  1 14 except that upon the request of the person giving such notice
  1 15 the person's name identifying information and the names
  1 16 identifying information of individual employees referred to
  1 17 therein in the notice shall not appear in such copy or on any
  1 18 record published, released, or made available pursuant to this
  1 19 section.  If, upon receipt of such notification, the
  1 20 commissioner determines that there are reasonable grounds to
  1 21 believe that such violation or danger exists, the commissioner
  1 22 shall make a special inspection in accordance with the
  1 23 provisions of this section as soon as practicable, to
  1 24 determine if such violation or danger exists.  If the
  1 25 commissioner determines that there is are no reasonable
  1 26 grounds to believe that a violation or danger exists, the
  1 27 commissioner shall notify the employees or authorized employee
  1 28 representative in writing of such determination.
  1 29    Sec. 2.  Section 88.6, Code 1997, is amended by adding the
  1 30 following new subsection:
  1 31    NEW SUBSECTION.  8.  CONFIDENTIALITY.  Notwithstanding
  1 32 chapter 22, records prepared or obtained by the commissioner
  1 33 relating to an enforcement action conducted pursuant to this
  1 34 chapter shall be kept confidential until the enforcement
  1 35 action is complete.  For purposes of this subsection, an
  2  1 enforcement action is complete when any of the following
  2  2 occurs:
  2  3    a.  An inspection file is closed without the issuance of a
  2  4 citation.
  2  5    b.  A citation or noncompliance notice resulting from an
  2  6 inspection becomes a final order of the employment appeal
  2  7 board and all applicable courts pursuant to sections 88.8 and
  2  8 88.9, and abatement is verified.
  2  9    c.  A determination and any subsequent action is final in
  2 10 an occupational safety and health discrimination case.
  2 11    A citation or noncompliance notice shall remain a
  2 12 confidential record until received by the appropriate
  2 13 employer.
  2 14    Sec. 3.  Section 88.16, Code 1997, is amended by adding the
  2 15 following new subsection:
  2 16    NEW SUBSECTION.  4.  Notwithstanding chapter 22,
  2 17 consultation records prepared or obtained by the commissioner
  2 18 pursuant to this section and which relate to specific
  2 19 employers or specific workplaces shall be kept confidential.
  2 20 For purposes of this subsection, "consultation record" means a
  2 21 record created when an employer requests and receives from the
  2 22 labor commissioner direct assistance in the recognition and
  2 23 correction of workplace hazards.
  2 24    Sec. 4.  Section 91.12, Code 1997, is amended to read as
  2 25 follows:
  2 26    91.12  REPORTS AND RECORDS TO DIVISION OF LABOR SERVICES.
  2 27    1.  It shall be the duty of every An owner, operator, or
  2 28 manager of every factory, mill, workshop, mine, store,
  2 29 railway, business house, public or private work, or any other
  2 30 establishment where labor is employed, as herein provided, to
  2 31 make shall submit to the division of labor services, upon
  2 32 blanks furnished reports in the form and manner prescribed by
  2 33 the commissioner, such reports and returns as the commissioner
  2 34 may require for the purpose of compiling such labor statistics
  2 35 as are contemplated in this chapter; and the.  The owner,
  3  1 operator, or business manager shall make such submit the
  3  2 reports or returns within sixty days from the receipt of
  3  3 blanks furnished by the commissioner notice, and shall certify
  3  4 under oath to the correctness accuracy of the same reports.
  3  5    2.  Notwithstanding chapter 22, records containing
  3  6 identifiable financial institution or credit card account
  3  7 numbers obtained by the commissioner shall be kept
  3  8 confidential.  
  3  9                           EXPLANATION
  3 10    This bill makes confidential certain records and reports
  3 11 held by the labor commissioner of the division of labor
  3 12 services of the department of workforce development.
  3 13    Currently, the Iowa Code provides that the names of persons
  3 14 who request the commissioner to inspect possible safety or
  3 15 health violations shall not appear in any record published,
  3 16 released, or otherwise made available.  The bill replaces the
  3 17 word "name" with the phrase "identifying information".
  3 18    The bill provides that records relating to an enforcement
  3 19 action being conducted by the commissioner are confidential
  3 20 until the enforcement action is complete, and any associated
  3 21 records or citations and noncompliance notices remain
  3 22 confidential until received by the appropriate employer.  The
  3 23 bill sets forth the conditions under which an enforcement
  3 24 action may be considered complete.
  3 25    Records pertaining to consultation services provided to
  3 26 specific, identifiable employers or workplaces are made
  3 27 confidential under the bill.
  3 28    Records the commissioner holds that contain identifiable
  3 29 financial institution or credit card account numbers are also
  3 30 made confidential under the bill.  
  3 31 LSB 3257DP 77
  3 32 kh/jl/8.1
     

Text: HSB00677                          Text: HSB00679
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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