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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 staterelating to1 14occupational health and safety, the inspection of amusement1 15rides, the removal and encapsulation of asbestos, the1 16inspection of boilers, wage payment collection, registration1 17of construction contractors, the minimum wage, non-English1 18speaking employees, child labor, employment agency licensing,1 19boxing and wrestling, inspection of elevators, and hazardous1 20chemical risksunder 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 ofsuchthe 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 withinsuchthe 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" meansana 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 whosecablessuspension ropes have been removed, whose car and 3 8 counterweight rest at the bottom of theshaftwayhoistway, and 3 9 whoseshaftwayhoistway doorsarehave been permanently 3 10boarded up orbarricadedsuch that entry into the shaft3 11through each door or other entryway is substantially3 12precluded, or anor 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 power3 23feed lines of which have been disconnected, and the top and3 24bottomwhose entrancesof whichhave been permanentlyboarded3 25up orbarricaded. 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 Americannational standardsociety of 3 32 mechanical engineers safetycodecodes 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 facilities4 2installed after January 1, 1975, shall be based on the4 3American National Standard Safety Code for Elevators,4 4Dumbwaiters, Escalators, and Moving Walks, and supplements to4 5the Code, A17.1.The commissioner shall adopt rules for 4 6 facilitiesinstalled prior to January 1, 1975,according to 4 7 the applicable provisions ofsuchthe AmericanNational4 8Standard Safety Codesociety 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 AmericanNational Standard Safety4 12Codesociety of mechanical engineers safety codes, or any part 4 13 of theCodecodes, 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 35Within three months after the date of adoption of rules5 1under this chapter relating to registration of facilities, the5 2 The owner of every existing facility, whether or not dormant, 5 3 shall registereach suchthe 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, andsuch5 6 other informationasthe commissioner may require. 5 7 Registration shall be madeon a form to be furnishedin a 5 8 format required by the divisionupon request.Facilities the5 9construction of which is commenced subsequent to the date of5 10adoption of those rules shall be registered in the manner5 11prescribed 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,onin a 5 16form approved by and containing all informationformat 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 theowner of5 21thefacilityhas compliedis 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 32On and after the effective date of rules relating to5 33alterations,The owner shall submit to the commissioner 5 34 detailed plans,ofspecifications, and other information the 5 35 commissioner may require for each facility to be alteredshall6 1be submitted to the commissioner, together with an application 6 2 for an alteration permit,on forms to be furnished or approved6 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 forsuchthe repairs or replacements. However,nothing6 9inthis sectionshalldoes 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 14PlansThe owner shallbe submittedsubmit plans in 6 15 triplicateand shall be accompanied by, together with an 6 16 application for the permiton 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 divisionof labor services7 9administering 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 toall departments of labor in the stateprograms 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 commissionerand 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'sdeputydesignee 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 commissioneror an inspector shall learnlearns 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 to8 21the employment of children, or in respect to fire escapes, or8 22the safety of employees, or for the preservation of health,8 23such officermay give the county attorney of the county in 8 24 whichsuch factory or building is situatedthe violation 8 25 occurred, written notice of the facts, whereupon that officer 8 26 shall institute the proper proceedings against the person 8 27guilty of suchcharged with the offenseor neglect. 8 28 If the commissioneror inspectoris of the opinion that 8 29suchthe violationor neglectis not willful, or is an 8 30 oversight or of a trivial nature, the commissioneror8 31inspectormayinat the commissioner'sor inspector's8 32 discretion fix a time within which thedefect or evil may8 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 commissioneror inspectorshall 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.AIf a farm labor contractorwhocontracts 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 plantsshall file with the commissioner a9 8bond 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 the9 12commissioner, securing the payment of all wages due the9 13employees of the farm labor contractor. The total and9 14aggregate liability of the surety on the bond is limited to9 15the amount specified in the bond. If the bond is not filed as9 16required or if the farm labor contractor fails to pay all9 17wages due the employees of the farm labor contractor, the9 18person engaged in the production of seed or feed grainsshall 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 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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