Text: HF02288 Text: HF02290 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 327F.37 INHIBITING EMPLOYEE
1 2 ACCESS TO FIRST AID OR MEDICAL TREATMENT – PENALTIES.
1 3 1. A railroad corporation shall not, by policy or
1 4 otherwise, deny, delay, or interfere with an injured
1 5 employee's access to first aid or medical treatment for an
1 6 injury sustained in the course of employment or allow an
1 7 injured employee to be disciplined or threatened with
1 8 discipline for requesting medical treatment or first aid.
1 9 2. An employee or agent of a railroad corporation shall
1 10 not deny, delay, or interfere with an injured employee's
1 11 access to first aid or medical treatment for an injury
1 12 sustained in the course of employment or discipline or
1 13 threaten to discipline the injured employee for requesting
1 14 first aid or medical treatment.
1 15 3. Notwithstanding any provisions of chapter 88 to the
1 16 contrary, a railroad corporation convicted of a violation of
1 17 subsection 1 is subject to a schedule "five" penalty. An
1 18 employee or agent of a railroad corporation convicted of a
1 19 violation of subsection 2 is subject to a schedule "five"
1 20 penalty. However, if a violation committed by an employee or
1 21 agent caused the death of an employee, the violation is an
1 22 aggravated misdemeanor punishable by a fine not to exceed ten
1 23 thousand dollars and imprisonment for up to two years.
1 24 EXPLANATION
1 25 This bill makes it a crime for a railroad corporation, or
1 26 an employee or agent of a railroad corporation, to deny,
1 27 delay, or interfere with an injured employee's access to first
1 28 aid or medical treatment for an injury sustained in the course
1 29 of employment, or to discipline or threaten to discipline an
1 30 injured employee who requests first aid or medical treatment
1 31 for such an injury.
1 32 A violation by a railroad corporation, or an employee or
1 33 agent of a railroad corporation, is punishable by a schedule
1 34 "five" penalty under the schedule of violations applicable to
1 35 carriers. A schedule "five" penalty means a fine of not less
2 1 than $500 and not more than $5,000 for the first violation,
2 2 and a fine of not less than $5,000 and not more than $10,000
2 3 for each subsequent violation. However, if an employee or
2 4 agent of a railroad corporation is convicted of a violation
2 5 that caused the death of an employee, the violation is an
2 6 aggravated misdemeanor punishable by a fine not to exceed
2 7 $10,000 and imprisonment for up to two years.
2 8 LSB 5950HH 80
2 9 dea/gg/14
Text: HF02288 Text: HF02290 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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