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Senate File 146

Partial Bill History

Bill Text

PAG LIN
  1  1                                              SENATE FILE 146
  1  2 
  1  3                             AN ACT 
  1  4 RELATING TO WORKER AND PUBLIC SAFETY AND PROTECTION LAWS
  1  5    ADMINISTERED BY THE LABOR SERVICES DIVISION OF IOWA 
  1  6    WORKFORCE DEVELOPMENT.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  Section 84A.5, subsection 3, Code 1999, is
  1 11 amended to read as follows:
  1 12    3.  The division of labor services is responsible for the
  1 13 administration of the laws of this state relating to
  1 14 occupational health and safety, the inspection of amusement
  1 15 rides, the removal and encapsulation of asbestos, the
  1 16 inspection of boilers, wage payment collection, registration
  1 17 of construction contractors, the minimum wage, non-English
  1 18 speaking employees, child labor, employment agency licensing,
  1 19 boxing and wrestling, inspection of elevators, and hazardous
  1 20 chemical risks under chapters 88, 88A, 88B, 89, 89A, 89B, 90A,
  1 21 91, 91A, 91C, 91D, 91E, 92, 94, and 95, and sections 30.7 and
  1 22 85.68.  The executive head of the division is the labor
  1 23 commissioner, appointed pursuant to section 91.2.
  1 24    Sec. 2.  Section 88.3, subsection 2, Code 1999, is amended
  1 25 to read as follows:
  1 26    2.  "Commissioner" means the labor commissioner appointed
  1 27 pursuant to section 91.2, or the commissioner's designee.
  1 28    Sec. 3.  Section 88.8, subsections 1 and 2, Code 1999, are
  1 29 amended to read as follows:
  1 30    1.  POSTINSPECTION PENALTY NOTICE.  If, after an inspection
  1 31 or an investigation, the commissioner issues a citation under
  1 32 section 88.7, the commissioner shall, within a reasonable time
  1 33 after the termination of such the inspection or investigation,
  1 34 notify the employer by service in the same manner as an
  1 35 original notice or by certified mail of the penalty, if any,
  2  1 proposed to be assessed under section 88.14 and that the
  2  2 employer has fifteen working days within which to notify the
  2  3 commissioner that the employer wishes to contest the citation
  2  4 or proposed assessment of penalties.  If, within fifteen
  2  5 working days from the receipt of the notice issued by the
  2  6 commissioner, the employer fails to notify the commissioner
  2  7 that the employer intends to contest the citation or proposed
  2  8 assessment of penalty, and no notice is filed by any employees
  2  9 or authorized employee representative under subsection 3 of
  2 10 this section within such the time specified, the citation and
  2 11 the assessment, as proposed, shall be deemed a final order of
  2 12 the appeal board and not subject to review by any court or
  2 13 agency.
  2 14    2.  NONCOMPLIANCE NOTICE.  If the commissioner has reason
  2 15 to believe that an employer has failed to correct the
  2 16 violation for which a citation has been issued within the
  2 17 period permitted for its correction (which period shall not
  2 18 begin to run until the entry of a final order by the appeal
  2 19 board in the case of any review proceedings under this section
  2 20 initiated by the employer in good faith and not solely for
  2 21 delay or avoidance of penalties), the commissioner shall
  2 22 notify the employer by service in the same manner as an
  2 23 original notice or by certified mail of the failure and of the
  2 24 penalty proposed to be assessed under section 88.14 by reason
  2 25 of the failure, and that the employer has fifteen working days
  2 26 within which to notify the commissioner that the employer
  2 27 wishes to contest the commissioner's notification or the
  2 28 proposed assessment of penalty.  If, within fifteen working
  2 29 days from the receipt of notification issued by the
  2 30 commissioner, the employer fails to notify the commissioner
  2 31 that the employer intends to contest the notification or
  2 32 proposed assessment of penalty, the notification and
  2 33 assessment, as proposed, shall be deemed the final order of
  2 34 the appeal board and not subject to review by any court or
  2 35 agency.
  3  1    Sec. 4.  Section 89A.1, subsections 5 and 11, Code 1999,
  3  2 are amended to read as follows:
  3  3    5.  "Dormant facility" means an a facility whose power feed
  3  4 lines have been disconnected from the mainline disconnect
  3  5 switch and is one of the following:
  3  6    a.  An electric elevator, material lift, or dumbwaiter
  3  7 whose cables suspension ropes have been removed, whose car and
  3  8 counterweight rest at the bottom of the shaftway hoistway, and
  3  9 whose shaftway hoistway doors are have been permanently
  3 10 boarded up or barricaded such that entry into the shaft
  3 11 through each door or other entryway is substantially
  3 12 precluded, or an or sealed in the closed position on the
  3 13 hoistway side.
  3 14    b.  A hydraulic elevator, material lift, or dumbwaiter
  3 15 whose car rests at the bottom of the hoistway, whose pressure
  3 16 piping has been disassembled and a section removed from the
  3 17 premises; whose hoistway doors have been permanently
  3 18 barricaded or sealed in the closed position on the hoistway
  3 19 side; and, if provided, whose suspension ropes have been
  3 20 removed and the counterweights landed at the bottom of the
  3 21 hoistway.
  3 22    c.  An escalator, or moving walk, or lift, the main power
  3 23 feed lines of which have been disconnected, and the top and
  3 24 bottom whose entrances of which have been permanently boarded
  3 25 up or barricaded.
  3 26    d.  A rack and pinion or screw column facility, whose motor
  3 27 has been removed, platform lowered to the bottom, and
  3 28 entrances barricaded.
  3 29    11.  "Inclined or vertical wheelchair lift" means a lift
  3 30 used as part of an accessible route in or at a public building
  3 31 as specified in the American national standard society of
  3 32 mechanical engineers safety code codes for elevators and
  3 33 escalators, A17.1.
  3 34    Sec. 5.  Section 89A.3, subsection 2, Code 1999, is amended
  3 35 to read as follows:
  4  1    2.  Insofar as applicable, rules adopted for facilities
  4  2 installed after January 1, 1975, shall be based on the
  4  3 American National Standard Safety Code for Elevators,
  4  4 Dumbwaiters, Escalators, and Moving Walks, and supplements to
  4  5 the Code, A17.1.  The commissioner shall adopt rules for
  4  6 facilities installed prior to January 1, 1975, according to
  4  7 the applicable provisions of such the American National
  4  8 Standard Safety Code society of mechanical engineers safety
  4  9 codes for elevators and escalators, A17.1 and A17.3, as the
  4 10 commissioner deems necessary.  In adopting rules the
  4 11 commissioner may adopt the American National Standard Safety
  4 12 Code society of mechanical engineers safety codes, or any part
  4 13 of the Code codes, by reference.
  4 14    The commissioner may adopt rules permitting existing
  4 15 passenger and freight elevators to be modified into material
  4 16 lift elevators.
  4 17    Sec. 6.  Section 89A.3, subsection 3, Code 1999, is amended
  4 18 by striking the subsection and inserting in lieu thereof the
  4 19 following:
  4 20    3.  A rule adopted pursuant to this section which adopts
  4 21 standards by reference to another publication shall be exempt
  4 22 from the requirements of section 17A.6, subsection 4, if the
  4 23 following conditions exist:
  4 24    a.  The cost of the publication is an unreasonable expense
  4 25 when compared to the anticipated usage of the publication.
  4 26    b.  A copy of the publication is available from an entity
  4 27 located within the state capitol complex.
  4 28    c.  The rule identifies the location where the publication
  4 29 is available.
  4 30    d.  The administrative rules coordinator approves the
  4 31 exemption.
  4 32    Sec. 7.  Section 89A.5, Code 1999, is amended to read as
  4 33 follows:
  4 34    89A.5  REGISTRATION OF FACILITIES.
  4 35    Within three months after the date of adoption of rules
  5  1 under this chapter relating to registration of facilities, the
  5  2 The owner of every existing facility, whether or not dormant,
  5  3 shall register each such the facility with the commissioner,
  5  4 giving type, contract load and speed, name of manufacturer,
  5  5 its location and the purpose for which it is used, and such
  5  6 other information as the commissioner may require.
  5  7 Registration shall be made on a form to be furnished in a
  5  8 format required by the division upon request.  Facilities the
  5  9 construction of which is commenced subsequent to the date of
  5 10 adoption of those rules shall be registered in the manner
  5 11 prescribed by the commissioner.
  5 12    Sec. 8.  Section 89A.6, subsection 5, Code 1999, is amended
  5 13 to read as follows:
  5 14    5.  A report of every inspection shall be filed with the
  5 15 commissioner by the inspector or special inspector, on in a
  5 16 form approved by and containing all information format
  5 17 required by the commissioner, after the inspection has been
  5 18 completed and within the time provided by rule, but not to
  5 19 exceed thirty days.  The report shall include all information
  5 20 required by the commissioner to determine whether the owner of
  5 21 the facility has complied is in compliance with applicable
  5 22 rules.  For the inspection required by subsection 1, the
  5 23 report shall indicate whether the facility has been installed
  5 24 in accordance with the detailed plans and specifications
  5 25 approved by the commissioner, and meets the requirements of
  5 26 the applicable rules.  The failure of a special inspector to
  5 27 inform the commissioner of violations shall not subject the
  5 28 commissioner to liability for any damages incurred.
  5 29    Sec. 9.  Section 89A.7, Code 1999, is amended to read as
  5 30 follows:
  5 31    89A.7  ALTERATION PERMITS.
  5 32    On and after the effective date of rules relating to
  5 33 alterations, The owner shall submit to the commissioner
  5 34 detailed plans, of specifications, and other information the
  5 35 commissioner may require for each facility to be altered shall
  6  1 be submitted to the commissioner, together with an application
  6  2 for an alteration permit, on forms to be furnished or approved
  6  3 in a format required by the commissioner.  Repairs or
  6  4 replacements necessary for normal maintenance are not
  6  5 alterations, and may be made on existing installations with
  6  6 parts equivalent in material, strength and design to those
  6  7 replaced and no plans or specifications or application need be
  6  8 filed for such the repairs or replacements.  However, nothing
  6  9 in this section shall does not authorize the use of any
  6 10 facility contrary to an order issued pursuant to section
  6 11 89A.10, subsections 2 and 3.
  6 12    Sec. 10.  Section 89A.8, unnumbered paragraph 3, Code 1999,
  6 13 is amended to read as follows:
  6 14    Plans The owner shall be submitted submit plans in
  6 15 triplicate and shall be accompanied by, together with an
  6 16 application for the permit on a form to be furnished, in a
  6 17 format required by the commissioner.  The plans shall include:
  6 18    Sec. 11.  Section 89A.10, subsection 2, unnumbered
  6 19 paragraph 1, Code 1999, is amended to read as follows:
  6 20    If the owner does not make the changes necessary for
  6 21 compliance as required in subsection 1 within the period
  6 22 specified by the commissioner, the commissioner, upon notice,
  6 23 may suspend or revoke the operating permit, or may refuse to
  6 24 issue the operating permit for the facility.  The commissioner
  6 25 shall notify the owner of any action to suspend, revoke, or
  6 26 refuse to issue an operating permit and the reason for the
  6 27 action by service in the same manner as an original notice or
  6 28 by certified mail.  An owner may appeal the commissioner's
  6 29 initial decision.  The appeal shall be heard by an
  6 30 administrative law judge of the department of inspections and
  6 31 appeals.  An owner who, after a hearing before an
  6 32 administrative law judge, is aggrieved by a suspension,
  6 33 revocation, or refusal to issue an operating permit may appeal
  6 34 to the employment appeal board created under section 10A.601.
  6 35 Notice of appeal shall be filed with the appeal board within
  7  1 thirty calendar days from receipt of the notice of the
  7  2 commissioner's action.
  7  3    Sec. 12.  Section 89A.12, Code 1999, is amended to read as
  7  4 follows:
  7  5    89A.12  ACCESS TO FACILITIES.
  7  6    Every owner of a facility subject to regulation by this
  7  7 chapter shall grant access to that facility to the
  7  8 commissioner and personnel of the division of labor services
  7  9 administering the provisions of this chapter.  Inspections
  7 10 shall be permitted at reasonable times, with or without prior
  7 11 notice.
  7 12    Sec. 13.  Section 90A.1, subsection 2, Code 1999, is
  7 13 amended to read as follows:
  7 14    2.  "Commissioner" means the state commissioner of
  7 15 athletics, who is also the labor commissioner appointed
  7 16 pursuant to section 91.2, or the labor commissioner's
  7 17 designee.
  7 18    Sec. 14.  Section 91.4, subsection 2, Code 1999, is amended
  7 19 to read as follows:
  7 20    2.  To collect, assort, and systematize statistical details
  7 21 relating to all departments of labor in the state programs of
  7 22 the division of labor services.
  7 23    Sec. 15.  Section 91.4, subsection 5, Code 1999, is amended
  7 24 to read as follows:
  7 25    5.  The director of the department of workforce
  7 26 development, in consultation with the labor commissioner,
  7 27 shall, at the time provided by law, make an annual report to
  7 28 the governor setting forth in appropriate form the business
  7 29 and expense of the division of labor services for the
  7 30 preceding year, the number of disputes or violations processed
  7 31 by the division and the disposition of the disputes or
  7 32 violations, and other matters pertaining to the division which
  7 33 are of public interest, together with recommendations for
  7 34 change or amendment of the laws in this chapter and chapters
  7 35 88, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, 92, 94,
  8  1 and 95, and sections 30.7 and 85.68, and the recommendations,
  8  2 if any, shall be transmitted by the governor to the first
  8  3 general assembly in session after the report is filed.
  8  4    Sec. 16.  Section 91.10, Code 1999, is amended to read as
  8  5 follows:
  8  6    91.10  POWER TO SECURE EVIDENCE.
  8  7    The labor commissioner and the commissioner's deputy, or
  8  8 the commissioner's designee, may issue subpoenas, administer
  8  9 oaths, and take testimony in all matters relating to the
  8 10 duties required of them.  Witnesses subpoenaed and testifying
  8 11 before the commissioner or the commissioner's deputy designee
  8 12 shall be paid the same fees as witnesses under section 622.69,
  8 13 payment to be made out of the funds appropriated to the
  8 14 division of labor services.
  8 15    Sec. 17.  Section 91.11, Code 1999, is amended to read as
  8 16 follows:
  8 17    91.11  PROSECUTIONS FOR VIOLATIONS.
  8 18    If the commissioner or an inspector shall learn learns of
  8 19 any violation of any law administered by the division, the
  8 20 commissioner, or neglect to comply with the law in respect to
  8 21 the employment of children, or in respect to fire escapes, or
  8 22 the safety of employees, or for the preservation of health,
  8 23 such officer may give the county attorney of the county in
  8 24 which such factory or building is situated the violation
  8 25 occurred, written notice of the facts, whereupon that officer
  8 26 shall institute the proper proceedings against the person
  8 27 guilty of such charged with the offense or neglect.
  8 28    If the commissioner or inspector is of the opinion that
  8 29 such the violation or neglect is not willful, or is an
  8 30 oversight or of a trivial nature, the commissioner or
  8 31 inspector may in at the commissioner's or inspector's
  8 32 discretion fix a time within which the defect or evil may
  8 33 violation shall be corrected and notify the owner, operator,
  8 34 superintendent, or person in charge, and if corrected within
  8 35 the time fixed, then the commissioner or inspector shall not
  9  1 cause prosecution to be begun.
  9  2    Sec. 18.  Section 91A.3, subsection 7, Code 1999, is
  9  3 amended to read as follows:
  9  4    7.  A If a farm labor contractor who contracts with a
  9  5 person engaged in the production of seed or feed grains to
  9  6 remove unwanted or genetically deviant plants or corn tassels
  9  7 or to hand pollinate plants shall file with the commissioner a
  9  8 bond of at least twenty thousand dollars on behalf of, and
  9  9 fails to pay all wages due the employees of the farm labor
  9 10 contractor, the person engaged in the production of seed or
  9 11 feed grains, with a corporate surety approved by the
  9 12 commissioner, securing the payment of all wages due the
  9 13 employees of the farm labor contractor.  The total and
  9 14 aggregate liability of the surety on the bond is limited to
  9 15 the amount specified in the bond.  If the bond is not filed as
  9 16 required or if the farm labor contractor fails to pay all
  9 17 wages due the employees of the farm labor contractor, the
  9 18 person engaged in the production of seed or feed grains shall
  9 19 also be liable to the employees for wages not paid by the farm
  9 20 labor contractor.
  9 21    Sec. 19.  Section 91C.8, subsection 4, Code 1999, is
  9 22 amended to read as follows:
  9 23    4.  If a citation is issued, the commissioner shall, within
  9 24 seven days, notify the contractor by service in the same
  9 25 manner as an original notice or by certified mail of the
  9 26 administrative penalty, if any, proposed to be assessed and
  9 27 that the contractor has fifteen working days within which to
  9 28 notify the commissioner that the employer wishes to contest
  9 29 the citation or proposed assessment of penalty.  
  9 30 
  9 31 
  9 32                                                             
  9 33                               MARY E. KRAMER
  9 34                               President of the Senate
  9 35 
 10  1 
 10  2                                                             
 10  3                               RON J. CORBETT
 10  4                               Speaker of the House
 10  5 
 10  6    I hereby certify that this bill originated in the Senate and
 10  7 is known as Senate File 146, Seventy-eighth General Assembly.
 10  8 
 10  9 
 10 10                                                             
 10 11                               MICHAEL E. MARSHALL
 10 12                               Secretary of the Senate
 10 13 Approved                , 1999
 10 14 
 10 15 
 10 16                               
 10 17 THOMAS J. VILSACK
 10 18 Governor
     

Text: SF00145                           Text: SF00147
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