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Senate File 2321

Partial Bill History

Bill Text

PAG LIN
  1  1                                     SENATE FILE 2321
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE CONFIDENTIALITY OF CERTAIN RECORDS AND
  1  5    REPORTS HELD BY THE LABOR COMMISSIONER.
  1  6 
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 
  1  8 
  1  9    Section 1.  Section 88.6, subsection 5, Code 1997, is
  1 10 amended to read as follows:
  1 11    5.  SPECIAL INSPECTIONS.  Any employees or authorized
  1 12 employee representative who believes that a violation of a
  1 13 safety or health standard exists that threatens physical harm,
  1 14 or that an imminent danger exists, may request an inspection
  1 15 by giving notice to the commissioner or the commissioner's
  1 16 authorized representative of such violation or danger.  Any
  1 17 such notice shall be reduced to writing, shall set forth with
  1 18 reasonable particularity the grounds for the notice, and shall
  1 19 be signed by the employees or authorized employee
  1 20 representative, and a copy shall be provided the employer or
  1 21 the employer's agent no later than at the time of inspection,
  1 22 except that upon the request of the person giving such notice
  1 23 the person's name identifying information and the names
  1 24 identifying information of individual employees referred to
  1 25 therein in the notice shall not appear in such copy or on any
  1 26 record published, released, or made available pursuant to this
  1 27 section.  If, upon receipt of such notification, the
  1 28 commissioner determines that there are reasonable grounds to
  1 29 believe that such violation or danger exists, the commissioner
  1 30 shall make a special inspection in accordance with the
  1 31 provisions of this section as soon as practicable, to
  1 32 determine if such violation or danger exists.  If the
  1 33 commissioner determines that there is are no reasonable
  1 34 grounds to believe that a violation or danger exists, the
  1 35 commissioner shall notify the employees or authorized employee
  2  1 representative in writing of such determination.  For purposes
  2  2 of this subsection, "identifying information" means specific
  2  3 personal information including, but not limited to, the
  2  4 person's name, home address, telephone number, social security
  2  5 number, and handwriting and language idiosyncrasies.  In
  2  6 circumstances when the release of any fact may be used to
  2  7 identify the person, that fact shall not be released.
  2  8    Sec. 2.  Section 88.6, Code 1997, is amended by adding the
  2  9 following new subsection:
  2 10    NEW SUBSECTION.  8.  CONFIDENTIALITY.  Notwithstanding
  2 11 chapter 22, records prepared or obtained by the commissioner
  2 12 relating to an enforcement action conducted pursuant to this
  2 13 chapter shall be kept confidential until the enforcement
  2 14 action is complete.  For purposes of this subsection, an
  2 15 enforcement action is complete when any of the following
  2 16 occurs:
  2 17    a.  An inspection file is closed without the issuance of a
  2 18 citation.
  2 19    b.  A citation or noncompliance notice resulting from an
  2 20 inspection becomes a final order of the employment appeal
  2 21 board and all applicable courts pursuant to sections 88.8 and
  2 22 88.9, and abatement is verified.
  2 23    c.  A determination and any subsequent action is final in
  2 24 an occupational safety and health discrimination case.
  2 25    A citation or noncompliance notice shall remain a
  2 26 confidential record until received by the appropriate
  2 27 employer.  This subsection shall not affect the discovery
  2 28 rights of any party to a contested case.
  2 29    Sec. 3.  Section 88.16, Code 1997, is amended by adding the
  2 30 following new subsection:
  2 31    NEW SUBSECTION.  4.  Notwithstanding chapter 22,
  2 32 consultation records prepared or obtained by the commissioner
  2 33 pursuant to this section and which relate to specific
  2 34 employers or specific workplaces shall be kept confidential.
  2 35 For purposes of this subsection, "consultation record" means a
  3  1 record created when an employer requests and receives from the
  3  2 labor commissioner direct assistance in the recognition and
  3  3 correction of workplace hazards.
  3  4    Sec. 4.  Section 91.12, Code 1997, is amended to read as
  3  5 follows:
  3  6    91.12  REPORTS AND RECORDS TO DIVISION OF LABOR SERVICES.
  3  7    1.  It shall be the duty of every An owner, operator, or
  3  8 manager of every factory, mill, workshop, mine, store,
  3  9 railway, business house, public or private work, or any other
  3 10 establishment where labor is employed, as herein provided, to
  3 11 make shall submit to the division of labor services, upon
  3 12 blanks furnished reports in the form and manner prescribed by
  3 13 the commissioner, such reports and returns as the commissioner
  3 14 may require for the purpose of compiling such labor statistics
  3 15 as are contemplated in this chapter; and the.  The owner,
  3 16 operator, or business manager shall make such submit the
  3 17 reports or returns within sixty days from the receipt of
  3 18 blanks furnished by the commissioner notice, and shall certify
  3 19 under oath to the correctness accuracy of the same reports.
  3 20    2.  Notwithstanding chapter 22, records containing
  3 21 identifiable financial institution or credit card account
  3 22 numbers obtained by the commissioner shall be kept
  3 23 confidential.  
  3 24 
  3 25 
  3 26                                                             
  3 27                               MARY E. KRAMER
  3 28                               President of the Senate
  3 29 
  3 30 
  3 31                                                             
  3 32                               RON J. CORBETT
  3 33                               Speaker of the House
  3 34 
  3 35    I hereby certify that this bill originated in the Senate and
  4  1 is known as Senate File 2321, Seventy-seventh General Assembly.
  4  2 
  4  3 
  4  4                                                             
  4  5                               MARY PAT GUNDERSON
  4  6                               Secretary of the Senate
  4  7 Approved                , 1998
  4  8 
  4  9 
  4 10                         
  4 11 TERRY E. BRANSTAD
  4 12 Governor
     
Text: SF02320                           Text: SF02322
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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