Text: SF02243 Text: SF02245 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 88.2, subsection 2, Code 1997, is 1 2 amended to read as follows: 1 3 2. The necessary legal authority and qualified personnel 1 4 shall be provided for the administration and enforcement of 1 5 this chapter and such standards adopted pursuant to this 1 6 chapter. The commissioner shall employ sufficient safety and 1 7 industrial hygiene officers to meet the compliance staffing 1 8 benchmarks established for the state by the federal 1 9 occupational safety and health administration. 1 10 Sec. 2. Section 88.14, subsections 1, 2, 3, and 4, Code 1 11 1997, are amended to read as follows: 1 12 1. WILLFUL VIOLATIONS. Any employer who willfully or 1 13 repeatedly violates the requirements of section 88.4, any 1 14 standard, rule, or order adopted or issued pursuant to section 1 15 88.5, or rules adopted pursuant to this chapter, may be 1 16 assessed a civil penalty of not more thanseventyone hundred 1 17 five thousand dollars for each violation, but not less than 1 18fiveseven thousand five hundred dollars for each willful 1 19 violation. 1 20 2. SERIOUS VIOLATIONS. Any employer who has received a 1 21 citation for a serious violation of the requirements of 1 22 section 88.4, of any standard, rule, or order adopted or 1 23 issued pursuant to section 88.5, or of any regulations 1 24 prescribed pursuant to this chapter, shall be assessed a civil 1 25 penalty of up toseveneight thousand seven hundred fifty 1 26 dollars for each such violation. 1 27 3. NONSERIOUS VIOLATIONS. Any employer who has received a 1 28 citation for a violation of the requirements of section 88.4, 1 29 of any standard, rule, or order adopted or issued pursuant to 1 30 section 88.5, or of rules prescribed pursuant to this chapter 1 31 and the violation is specifically determined not to be of a 1 32 serious nature, may be assessed a civil penalty of up toseven1 33 eight thousand four hundred dollars for each violation. 1 34 4. FAILURE TO CORRECT. Any employer who fails to correct 1 35 a violation for which a citation has been issued under section 2 1 88.7, subsection 1, within the period permitted for its 2 2 correction, may be assessed a civil penalty of not more than 2 3seveneight thousand four hundred dollars for each day during 2 4 which the failure or violation continues. The period for 2 5 correction shall not begin until the date of the final order 2 6 of the appeal board of any review proceeding under section 2 7 88.8 initiated by the employer in good faith and not solely 2 8 for delay or avoidance of penalties. 2 9 EXPLANATION 2 10 The bill requires the industrial commissioner to employ 2 11 sufficient health and industrial hygiene officers to meet the 2 12 federal staffing benchmarks set for Iowa by the federal 2 13 occupational safety and health administration. 2 14 The bill also increases the penalties for a violation of an 2 15 applicable occupational safety and health standard. The bill 2 16 provides that the range of possible fines for a willful 2 17 violation is increased from a minimum of $5,000 to a maximum 2 18 of $70,000 to a minimum of $7,500 to a maximum of $105,000. 2 19 The fine for a serious violation is increased from a maximum 2 20 of $7,000 to a maximum of $8,750. The fine for a nonserious 2 21 violation or for a failure to correct is increased from a 2 22 maximum of $7,000 to a maximum of $8,400. 2 23 LSB 3954SS 77 2 24 ec/cf/24
Text: SF02243 Text: SF02245 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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