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PAG LIN
1 1 Section 1. Section 88.2, subsection 3, Code 1997, is
1 2 amended to read as follows:
1 3 3. Personnel administering the chapter shall be employed
1 4 pursuant to chapter 19A. However, safety inspectors,
1 5 industrial hygienists, and safety and health consultants shall
1 6 be employed by the commissioner and are exempt from the merit
1 7 system provisions of chapter 19A.
1 8 Sec. 2. NEW SECTION. 88C.1 OCCUPATIONAL SAFETY AND
1 9 HEALTH COUNSEL.
1 10 1. APPOINTMENT. The attorney general shall appoint a
1 11 competent attorney to the office of occupational safety and
1 12 health counsel, subject to confirmation by the senate, in
1 13 accordance with section 2.32. The counsel is the chief
1 14 administrator of the occupational safety and health division
1 15 of the department of justice. The counsel's term of office is
1 16 for four years. The term begins and ends in the same manner
1 17 as set forth in section 69.19.
1 18 2. VACANCY. If a vacancy occurs in the office of
1 19 occupational safety and health counsel, the vacancy shall be
1 20 filled for the unexpired term in the same manner as an
1 21 original appointment under the procedures of section 2.32.
1 22 3. POLITICAL ACTIVITY PROHIBITED. The occupational safety
1 23 and health counsel shall devote the counsel's entire time to
1 24 the duties of the office, and during the counsel's term of
1 25 office the counsel shall not be a member of a political
1 26 committee or contribute to a political campaign fund other
1 27 than through the income tax checkoff for contributions to the
1 28 Iowa election campaign fund and the presidential election
1 29 campaign fund or take part in political campaigns or be a
1 30 candidate for a political office.
1 31 4. REMOVAL. The attorney general may remove the
1 32 occupational safety and health counsel for malfeasance or
1 33 nonfeasance in office, or for any cause which renders the
1 34 counsel ineligible for appointment, or incapable or unfit to
1 35 discharge the duties of the counsel's office, and the
2 1 counsel's removal, when so made, is final.
2 2 Sec. 3. NEW SECTION. 88C.2 DUTIES.
2 3 The occupational safety and health counsel shall provide
2 4 legal services to the labor commissioner and the division of
2 5 labor services of the department of workforce development
2 6 concerning the enforcement of chapters 88, 88A, and 88B.
2 7 Sec. 4. NEW SECTION. 88C.3 OFFICE – EMPLOYEES –
2 8 EXPENSES.
2 9 1. OFFICE. The office of occupational safety and health
2 10 counsel shall be a separate division of the department of
2 11 justice. Administrative support services may be provided to
2 12 the occupational safety and health division by the department
2 13 of workforce development.
2 14 2. EMPLOYEES. The occupational safety and health counsel
2 15 may employ attorneys, legal assistants, secretaries, clerks,
2 16 and other employees the counsel finds necessary for the full
2 17 and efficient discharge of the duties and responsibilities of
2 18 the office. The occupational safety and health counsel may
2 19 request that the labor commissioner employ consultants as
2 20 expert witnesses or technical advisors pursuant to contract as
2 21 the counsel finds necessary for the full and efficient
2 22 discharge of the duties of the office. Employees of the
2 23 office of the occupational safety and health counsel, other
2 24 than the occupational safety and health counsel and attorneys
2 25 employed by the counsel, are subject to merit employment,
2 26 except as provided in section 19A.3.
2 27 3. SALARIES, EXPENSES, AND APPROPRIATION. The salary of
2 28 the occupational safety and health counsel shall be fixed by
2 29 the attorney general within the salary range set by the
2 30 general assembly. The salaries of employees of the
2 31 occupational safety and health counsel shall be at rates of
2 32 compensation consistent with current standards in industry.
2 33 EXPLANATION
2 34 This bill provides that Iowa occupational safety and health
2 35 (OSHA) safety inspectors, industrial hygienists, and safety
3 1 and health consultants shall be employed by the labor
3 2 commissioner and shall be exempt from the merit system
3 3 provisions of Code chapter 19A. Currently, all personnel
3 4 administering OSHA are employed pursuant to the merit system
3 5 provisions of Code chapter 19A, unless otherwise exempt under
3 6 Code section 19A.3.
3 7 The bill also establishes the office of occupational safety
3 8 and health counsel as a division within the attorney general's
3 9 office. The bill provides for the appointment, subject to
3 10 confirmation of the senate, and removal of the occupational
3 11 safety and health counsel and provides that the counsel shall
3 12 have the duty of providing legal services for the enforcement
3 13 of Code chapters 88, 88A, and 88B. The bill authorizes the
3 14 counsel to employ necessary personnel for the office and such
3 15 employees, except for attorneys, are subject to the merit
3 16 system provisions of Code chapter 19A.
3 17 LSB 2571SC 77
3 18 ec/cf/24.1
Text: SSB00236 Text: SSB00238 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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