Text: HSB00144                          Text: HSB00146
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 145

Bill Text

PAG LIN
  1  1    Section 1.  Section 84A.5, subsection 3, Code 1999, is
  1  2 amended to read as follows:
  1  3    3.  The division of labor services is responsible for the
  1  4 administration of the laws of this state relating to
  1  5 occupational health and safety, the inspection of amusement
  1  6 rides, the removal and encapsulation of asbestos, the
  1  7 inspection of boilers, wage payment collection, registration
  1  8 of construction contractors, the minimum wage, non-English
  1  9 speaking employees, child labor, employment agency licensing,
  1 10 boxing and wrestling, inspection of elevators, and hazardous
  1 11 chemical risks under chapters 88, 88A, 88B, 89, 89A, 89B, 90A,
  1 12 91, 91A, 91C, 91D, 91E, 92, 94, and 95, and sections 30.7 and
  1 13 85.68.  The executive head of the division is the labor
  1 14 commissioner, appointed pursuant to section 91.2.
  1 15    Sec. 2.  Section 88.3, subsection 2, Code 1999, is amended
  1 16 to read as follows:
  1 17    2.  "Commissioner" means the labor commissioner appointed
  1 18 pursuant to section 91.2, or the commissioner's designee.
  1 19    Sec. 3.  Section 88.8, subsections 1 and 2, Code 1999, are
  1 20 amended to read as follows:
  1 21    1.  POSTINSPECTION PENALTY NOTICE.  If, after an inspection
  1 22 or an investigation, the commissioner issues a citation under
  1 23 section 88.7, the commissioner shall, within a reasonable time
  1 24 after the termination of such the inspection or investigation,
  1 25 notify the employer by service in the same manner as an
  1 26 original notice or by certified mail of the penalty, if any,
  1 27 proposed to be assessed under section 88.14 and that the
  1 28 employer has fifteen working days within which to notify the
  1 29 commissioner that the employer wishes to contest the citation
  1 30 or proposed assessment of penalties.  If, within fifteen
  1 31 working days from the receipt of the notice issued by the
  1 32 commissioner, the employer fails to notify the commissioner
  1 33 that the employer intends to contest the citation or proposed
  1 34 assessment of penalty, and no notice is filed by any employees
  1 35 or authorized employee representative under subsection 3 of
  2  1 this section within such the time specified, the citation and
  2  2 the assessment, as proposed, shall be deemed a final order of
  2  3 the appeal board and not subject to review by any court or
  2  4 agency.
  2  5    2.  NONCOMPLIANCE NOTICE.  If the commissioner has reason
  2  6 to believe that an employer has failed to correct the
  2  7 violation for which a citation has been issued within the
  2  8 period permitted for its correction (which period shall not
  2  9 begin to run until the entry of a final order by the appeal
  2 10 board in the case of any review proceedings under this section
  2 11 initiated by the employer in good faith and not solely for
  2 12 delay or avoidance of penalties), the commissioner shall
  2 13 notify the employer by service in the same manner as an
  2 14 original notice or by certified mail of the failure and of the
  2 15 penalty proposed to be assessed under section 88.14 by reason
  2 16 of the failure, and that the employer has fifteen working days
  2 17 within which to notify the commissioner that the employer
  2 18 wishes to contest the commissioner's notification or the
  2 19 proposed assessment of penalty.  If, within fifteen working
  2 20 days from the receipt of notification issued by the
  2 21 commissioner, the employer fails to notify the commissioner
  2 22 that the employer intends to contest the notification or
  2 23 proposed assessment of penalty, the notification and
  2 24 assessment, as proposed, shall be deemed the final order of
  2 25 the appeal board and not subject to review by any court or
  2 26 agency.
  2 27    Sec. 4.  Section 89A.1, subsections 5 and 11, Code 1999,
  2 28 are amended to read as follows:
  2 29    5.  "Dormant facility" means an a facility whose power feed
  2 30 lines have been disconnected from the mainline disconnect
  2 31 switch and is one of the following:
  2 32    a.  An electric elevator, material lift, or dumbwaiter
  2 33 whose cables suspension ropes have been removed, whose car and
  2 34 counterweight rest at the bottom of the shaftway hoistway, and
  2 35 whose shaftway hoistway doors are have been permanently
  3  1 boarded up or barricaded such that entry into the shaft
  3  2 through each door or other entryway is substantially
  3  3 precluded, or an or sealed in the closed position on the
  3  4 hoistway side.
  3  5    b.  A hydraulic elevator, material lift, or dumbwaiter
  3  6 whose car rests at the bottom of the hoistway, whose pressure
  3  7 piping has been disassembled and a section removed from the
  3  8 premises; whose hoistway doors have been permanently
  3  9 barricaded or sealed in the closed position on the hoistway
  3 10 side; and, if provided, whose suspension ropes have been
  3 11 removed and the counterweights landed at the bottom of the
  3 12 hoistway.
  3 13    c.  An escalator, or moving walk, or lift, the main power
  3 14 feed lines of which have been disconnected, and the top and
  3 15 bottom whose entrances of which have been permanently boarded
  3 16 up or barricaded.
  3 17    d.  A rack and pinion or screw column facilities, whose
  3 18 motor has been removed, platform lowered to the bottom, and
  3 19 entrances barricaded.
  3 20    11.  "Inclined or vertical wheelchair lift" means a lift
  3 21 used as part of an accessible route in or at a public building
  3 22 as specified in the American national standard society of
  3 23 mechanical engineers safety code codes for elevators and
  3 24 escalators, A17.1.
  3 25    Sec. 5.  Section 89A.3, subsection 2, Code 1999, is amended
  3 26 to read as follows:
  3 27    2.  Insofar as applicable, rules adopted for facilities
  3 28 installed after January 1, 1975, shall be based on the
  3 29 American National Standard Safety Code for Elevators,
  3 30 Dumbwaiters, Escalators, and Moving Walks, and supplements to
  3 31 the Code, A17.1.  The commissioner shall adopt rules for
  3 32 facilities installed prior to January 1, 1975, according to
  3 33 the applicable provisions of such the American National
  3 34 Standard Safety Code society of mechanical engineers safety
  3 35 codes for elevators and escalators, A17.1 and A17.3, as the
  4  1 commissioner deems necessary.  In adopting rules the
  4  2 commissioner may adopt the American National Standard Safety
  4  3 Code society of mechanical engineers safety codes, or any part
  4  4 of the Code codes, by reference.
  4  5    The commissioner may adopt rules permitting existing
  4  6 passenger and freight elevators to be modified into material
  4  7 lift elevators.
  4  8    Sec. 6.  Section 89A.3, subsection 3, Code 1999, is amended
  4  9 by striking the subsection and inserting in lieu thereof the
  4 10 following:
  4 11    3.  A rule adopted pursuant to this section which adopts
  4 12 standards by reference to another publication shall be exempt
  4 13 from the requirements of section 17A.6, subsection 4, if the
  4 14 following conditions exist:
  4 15    a.  The cost of the publication is an unreasonable expense
  4 16 when compared to the anticipated usage of the publication.
  4 17    b.  A copy of the publication is available from an entity
  4 18 located within the state capitol complex.
  4 19    c.  The rule identifies the location where the publication
  4 20 is available.
  4 21    d.  The administrative rules coordinator approves the
  4 22 exemption.
  4 23    Sec. 7.  Section 89A.5, Code 1999, is amended to read as
  4 24 follows:
  4 25    89A.5  REGISTRATION OF FACILITIES.
  4 26    Within three months after the date of adoption of rules
  4 27 under this chapter relating to registration of facilities, the
  4 28 The owner of every existing facility, whether or not dormant,
  4 29 shall register each such the facility with the commissioner,
  4 30 giving type, contract load and speed, name of manufacturer,
  4 31 its location and the purpose for which it is used, and such
  4 32 other information as the commissioner may require.
  4 33 Registration shall be made on a form to be furnished in a
  4 34 format required by the division upon request.  Facilities the
  4 35 construction of which is commenced subsequent to the date of
  5  1 adoption of those rules shall be registered in the manner
  5  2 prescribed by the commissioner.
  5  3    Sec. 8.  Section 89A.6, subsection 5, Code 1999, is amended
  5  4 to read as follows:
  5  5    5.  A report of every inspection shall be filed with the
  5  6 commissioner by the inspector or special inspector, on in a
  5  7 form approved by and containing all information format
  5  8 required by the commissioner, after the inspection has been
  5  9 completed and within the time provided by rule, but not to
  5 10 exceed thirty days.  The report shall include all information
  5 11 required by the commissioner to determine whether the owner of
  5 12 the facility has complied is in compliance with applicable
  5 13 rules.  For the inspection required by subsection 1, the
  5 14 report shall indicate whether the facility has been installed
  5 15 in accordance with the detailed plans and specifications
  5 16 approved by the commissioner, and meets the requirements of
  5 17 the applicable rules.  The failure of a special inspector to
  5 18 inform the commissioner of violations shall not subject the
  5 19 commissioner to liability for any damages incurred.
  5 20    Sec. 9.  Section 89A.7, Code 1999, is amended to read as
  5 21 follows:
  5 22    89A.7  ALTERATION PERMITS.
  5 23    On and after the effective date of rules relating to
  5 24 alterations, The owner shall submit to the commissioner
  5 25 detailed plans, of specifications, and other information the
  5 26 commissioner may require for each facility to be altered shall
  5 27 be submitted to the commissioner, together with an application
  5 28 for an alteration permit, on forms to be furnished or approved
  5 29 in a format required by the commissioner.  Repairs or
  5 30 replacements necessary for normal maintenance are not
  5 31 alterations, and may be made on existing installations with
  5 32 parts equivalent in material, strength and design to those
  5 33 replaced and no plans or specifications or application need be
  5 34 filed for such the repairs or replacements.  However, nothing
  5 35 in this section shall does not authorize the use of any
  6  1 facility contrary to an order issued pursuant to section
  6  2 89A.10, subsections 2 and 3.
  6  3    Sec. 10.  Section 89A.8, unnumbered paragraph 3, Code 1999,
  6  4 is amended to read as follows:
  6  5    Plans The owner shall be submitted submit plans in
  6  6 triplicate and shall be accompanied by, together with an
  6  7 application for the permit on a form to be furnished, in a
  6  8 format required by the commissioner.  The plans shall include:
  6  9    Sec. 11.  Section 89A.10, subsection 2, unnumbered
  6 10 paragraph 1, Code 1999, is amended to read as follows:
  6 11    If the owner does not make the changes necessary for
  6 12 compliance as required in subsection 1 within the period
  6 13 specified by the commissioner, the commissioner, upon notice,
  6 14 may suspend or revoke the operating permit, or may refuse to
  6 15 issue the operating permit for the facility.  The commissioner
  6 16 shall notify the owner of any action to suspend, revoke, or
  6 17 refuse to issue an operating permit and the reason for the
  6 18 action by service in the same manner as an original notice or
  6 19 by certified mail.  An owner may appeal the commissioner's
  6 20 initial decision.  The appeal shall be heard by an
  6 21 administrative law judge of the department of inspections and
  6 22 appeals.  An owner who, after a hearing before an
  6 23 administrative law judge, is aggrieved by a suspension,
  6 24 revocation, or refusal to issue an operating permit may appeal
  6 25 to the employment appeal board created under section 10A.601.
  6 26 Notice of appeal shall be filed with the appeal board within
  6 27 thirty calendar days from receipt of the notice of the
  6 28 commissioner's action.
  6 29    Sec. 12.  Section 89A.12, Code 1999, is amended to read as
  6 30 follows:
  6 31    89A.12  ACCESS TO FACILITIES.
  6 32    Every owner of a facility subject to regulation by this
  6 33 chapter shall grant access to that facility to the
  6 34 commissioner and personnel of the division of labor services
  6 35 administering the provisions of this chapter.  Inspections
  7  1 shall be permitted at reasonable times, with or without prior
  7  2 notice.
  7  3    Sec. 13.  Section 90A.1, subsection 2, Code 1999, is
  7  4 amended to read as follows:
  7  5    2.  "Commissioner" means the state commissioner of
  7  6 athletics, who is also the labor commissioner appointed
  7  7 pursuant to section 91.2, or the labor commissioner's
  7  8 designee.
  7  9    Sec. 14.  Section 91.4, subsection 2, Code 1999, is amended
  7 10 to read as follows:
  7 11    2.  To collect, assort, and systematize statistical details
  7 12 relating to all departments of labor in the state programs of
  7 13 the division of labor services.
  7 14    Sec. 15.  Section 91.4, subsection 5, Code 1999, is amended
  7 15 to read as follows:
  7 16    5.  The director of the department of workforce
  7 17 development, in consultation with the labor commissioner,
  7 18 shall, at the time provided by law, make an annual report to
  7 19 the governor setting forth in appropriate form the business
  7 20 and expense of the division of labor services for the
  7 21 preceding year, the number of disputes or violations processed
  7 22 by the division and the disposition of the disputes or
  7 23 violations, and other matters pertaining to the division which
  7 24 are of public interest, together with recommendations for
  7 25 change or amendment of the laws in this chapter and chapters
  7 26 88, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, 92, 94,
  7 27 and 95, and sections 30.7 and 85.68, and the recommendations,
  7 28 if any, shall be transmitted by the governor to the first
  7 29 general assembly in session after the report is filed.
  7 30    Sec. 16.  Section 91.10, Code 1999, is amended to read as
  7 31 follows:
  7 32    91.10  POWER TO SECURE EVIDENCE.
  7 33    The labor commissioner and the commissioner's deputy, or
  7 34 the commissioner's designee, may issue subpoenas, administer
  7 35 oaths, and take testimony in all matters relating to the
  8  1 duties required of them.  Witnesses subpoenaed and testifying
  8  2 before the commissioner or the commissioner's deputy designee
  8  3 shall be paid the same fees as witnesses under section 622.69,
  8  4 payment to be made out of the funds appropriated to the
  8  5 division of labor services.
  8  6    Sec. 17.  Section 91.11, Code 1999, is amended to read as
  8  7 follows:
  8  8    91.11  PROSECUTIONS FOR VIOLATIONS.
  8  9    If the commissioner or an inspector shall learn learns of
  8 10 any violation of any law administered by the division, the
  8 11 commissioner, or neglect to comply with the law in respect to
  8 12 the employment of children, or in respect to fire escapes, or
  8 13 the safety of employees, or for the preservation of health,
  8 14 such officer may give the county attorney of the county in
  8 15 which such factory or building is situated the violation
  8 16 occurred, written notice of the facts, whereupon that officer
  8 17 shall institute the proper proceedings against the person
  8 18 guilty of such charged with the offense or neglect.
  8 19    If the commissioner or inspector is of the opinion that
  8 20 such the violation or neglect is not willful, or is an
  8 21 oversight or of a trivial nature, the commissioner or
  8 22 inspector may in at the commissioner's or inspector's
  8 23 discretion fix a time within which the defect or evil may
  8 24 violation shall be corrected and notify the owner, operator,
  8 25 superintendent, or person in charge, and if corrected within
  8 26 the time fixed, then the commissioner or inspector shall not
  8 27 cause prosecution to be begun.
  8 28    Sec. 18.  Section 91A.3, subsection 7, Code 1999, is
  8 29 amended to read as follows:
  8 30    7.  A If a farm labor contractor who contracts with a
  8 31 person engaged in the production of seed or feed grains to
  8 32 remove unwanted or genetically deviant plants or corn tassels
  8 33 or to hand pollinate plants shall file with the commissioner a
  8 34 bond of at least twenty thousand dollars on behalf of, and
  8 35 fails to pay all wages due the employees of the farm labor
  9  1 contractor, the person engaged in the production of seed or
  9  2 feed grains, with a corporate surety approved by the
  9  3 commissioner, securing the payment of all wages due the
  9  4 employees of the farm labor contractor.  The total and
  9  5 aggregate liability of the surety on the bond is limited to
  9  6 the amount specified in the bond.  If the bond is not filed as
  9  7 required or if the farm labor contractor fails to pay all
  9  8 wages due the employees of the farm labor contractor, the
  9  9 person engaged in the production of seed or feed grains shall
  9 10 also be liable to the employees for wages not paid by the farm
  9 11 labor contractor.
  9 12    Sec. 19.  Section 91C.8, subsection 4, Code 1999, is
  9 13 amended to read as follows:
  9 14    4.  If a citation is issued, the commissioner shall, within
  9 15 seven days, notify the contractor by service in the same
  9 16 manner as an original notice or by certified mail of the
  9 17 administrative penalty, if any, proposed to be assessed and
  9 18 that the contractor has fifteen working days within which to
  9 19 notify the commissioner that the employer wishes to contest
  9 20 the citation or proposed assessment of penalty.  
  9 21                           EXPLANATION
  9 22    This bill makes a number of changes to Code sections
  9 23 administered by the labor services division.
  9 24    Code section 84A.5, subsection 3:  Strikes, under the
  9 25 section of the Code that identifies the responsibilities of
  9 26 the department of workforce development, the descriptions of
  9 27 areas of responsibility of the labor services division, and
  9 28 adds references to two Code sections administered by the labor
  9 29 services division:  Code section 30.7, relating to duties the
  9 30 Iowa emergency response commission by agreement may allocate
  9 31 to the department of workforce development; and Code section
  9 32 85.68, relating to cause of action authority by the labor
  9 33 commissioner when acting on behalf of the second injury fund.
  9 34    Code section 88.3, subsection 2; Code section 90A.1,
  9 35 subsection 2; and Code section 91.10:  Allow the labor
 10  1 commissioner's designee to perform tasks related to
 10  2 occupational safety and health in Code chapter 88, boxing and
 10  3 wrestling in Code chapter 90A and the division in Code chapter
 10  4 91.
 10  5    Code section 88.8, subsections 1 and 2; Code section
 10  6 89A.10, subsection 2, unnumbered paragraph 1; and Code section
 10  7 91C.8, subsection 4:  Allow the commissioner of labor to
 10  8 provide notice of penalty or action, under OSHA, elevator or
 10  9 contractor registration laws, in the same manner as an
 10 10 original notice or by certified mail.  The Code currently
 10 11 permits only notice by certified mail.
 10 12    Code section 89A.1, subsection 5:  Includes hydraulic
 10 13 elevators and wheelchair lifts in the definition of dormant
 10 14 facilities.
 10 15    Code section 89A.3, subsection 2; and Code section 89A.1,
 10 16 subsection 11:  Update the name change from the American
 10 17 national standard safety code to the American society of
 10 18 mechanical engineers safety code.  The bill also inserts
 10 19 language that allows the commissioner to adopt rules related
 10 20 to material lift elevators, which was deleted in section
 10 21 89A.3, subsection 3, by this bill.
 10 22    Code section 89A.3, subsection 3:  Exempts, if certain
 10 23 conditions are met, the commissioner from a Code requirement
 10 24 providing that the commissioner must buy for the state law
 10 25 library a copy of elevator codes referenced in the
 10 26 administrative rules.
 10 27    Code section 89A.5; Code section 89A.6, subsection 5; Code
 10 28 section 89A.7; and Code section 89A.8:  Strike outdated
 10 29 language in the elevator law and allows the commissioner to
 10 30 collect electronically information relating to facility
 10 31 registrations, inspection reports, and other information
 10 32 required by the commissioner.
 10 33    Code section 89A.12:  Removes redundant language in the
 10 34 elevator law.
 10 35    Code section 91.4, subsection 2; and Code section 91.11:
 11  1 Strike outdated and unnecessary language in the labor services
 11  2 division chapter.
 11  3    Code section 91.4, subsection 5:  Requires the director of
 11  4 the department of workforce development to include in an
 11  5 annual report to the governor information regarding Code
 11  6 section 30.7, relating to duties transferred by agreement from
 11  7 the Iowa emergency response commission to the department of
 11  8 workforce development; and Code section 85.68, which relates
 11  9 to cause of action authority by the labor commissioner when
 11 10 acting on behalf of the second injury fund.
 11 11    Code section 91A.3, subsection 7:  Eliminates a requirement
 11 12 that farm labor contractors who contract with persons engaged
 11 13 in the production of seed or feed grains obtain a minimum bond
 11 14 of $20,000 on the person's behalf.  The bill preserves the
 11 15 provision making both the producer and the farm labor
 11 16 contractor liable for the wages to employees.  
 11 17 LSB 1231DP 78
 11 18 kh/jw/5.2
     

Text: HSB00144                          Text: HSB00146
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

© 1999 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Thu Feb 18 13:33:09 CST 1999
URL: /DOCS/GA/78GA/Legislation/HSB/00100/HSB00145/990217.html
jhf