1998 Summary of Legislation Published by the Iowa General Assembly -- Legislative Service Bureau

LABOR AND EMPLOYMENT DEVELOPMENT

LABOR AND EMPLOYMENT LEGISLATION

SENATE FILE 492 - Unemployment Compensation Benefits -- Proof of Voluntary Quit (full text of act)

BY COMMITTEE ON BUSINESS AND LABOR. This Act provides that a claimant seeking unemployment benefits has the burden of proving, to establish that the claimant is not disqualified for benefits, that if the claimant voluntarily quit employment, it was for good cause attributable to the employer and that the claimant is otherwise eligible for benefits pursuant to an exception to a disqualification for benefits for voluntarily quitting work as provided in Code Section 96.5, subsection 1, paragraphs "a" through "h."

Prior to this Act, the law provided that the employer had the burden of proof so long as the claimant produced evidence to show that the claimant was otherwise eligible for benefits pursuant to an exception to the disqualification for benefits for voluntarily quitting work.

SENATE FILE 540 - Contributions and Payments to Second Injury Fund (full text of act)

BY IVERSON. This Act makes changes to the Second Injury Compensation Act and is primarily concerned with the financing of the Second Injury Fund used to pay benefits.

The Act increases the amount payable to the Second Injury Fund by employers, or their insurance carrier, in cases of an injury covered under workers' compensation that results in death. Pursuant to the Act, if the deceased worker had dependents, the amount payable to the Second Injury Fund is $12,000, instead of $4,000, and if the deceased worker had no dependents, the amount payable to the fund is $45,000, instead of $12,000. This increase is applicable to workplace deaths occurring on or after April 17, 1998.

The Act also directs the Commissioner of Insurance to examine the claims involving the Second Injury Compensation Act prior to each fiscal year and determine the outstanding liability for such claims. The Act provides that if the commissioner determines that there are insufficient funds in the Second Injury Fund to pay claims, the commissioner may impose, by rule, a surcharge on employers for the upcoming fiscal year. For fiscal years beginning on or after July 1, 1999, the Act provides that the commissioner, in deciding whether sufficient funds are available in the Second Injury Fund, shall determine the liabilities for the next two fiscal years. The surcharge shall apply to all workers' compensation insurance policies and self-insurance coverages of employers approved for self-insurance by the commissioner, and to the State of Iowa, its departments, divisions, agencies, commissions, and boards, or any political subdivision coverages whether insured or self-insured. The Act also establishes the methodology for calculating the assessment charged to insured and self-insured employees. The Act provides that this examination and surcharge process shall continue until July 1, 2003, when this process is repealed.

The Act also provides that the Labor Commissioner, and not the Treasurer of State, shall be responsible for the collection of contributions and payments to the Second Injury Fund.

The Act takes effect April 17, 1998.

SENATE FILE 2112 - Employment Security Administrative Contribution Surcharge Sunset Provision (full text of act)

BY COMMITTEE ON BUSINESS AND LABOR. This Act changes the repeal date of the administrative contribution surcharge and its fund from July 1, 1998, to July 1, 2001. The administrative contribution surcharge is imposed on employers, other than governmental entities and nonprofit organizations, subject to the unemployment compensation chapter of the Iowa Code, and moneys collected are used by the Department of Workforce Development for costs associated with certain rural and satellite departmental offices or for the department-approved training fund.

The Act takes effect June 30, 1998.

SENATE FILE 2333 - Occupational Hearing Loss (full text of act)

BY COMMITTEE ON HUMAN RESOURCES. This Act amends Code Chapter 85B concerning workers' compensation for occupational hearing loss.

The Act replaces the current definitions for "occupational hearing loss" and "excessive noise level" in Code Chapter 85B and provides for the definitions of "excessive noise exposure," "hearing level," and "occupational hearing loss." "Occupational hearing loss" is specifically defined as not including loss of hearing due to age or another exposure not arising out of employment.

The Act provides that a claim for occupational hearing loss may be filed beginning one month after separation from the excessive noise. New Code Section 85B.9A provides that any apportionment of occupational and nonoccupational hearing loss be made by an audiologist or qualified physician and that consideration of all probable sources of loss shall be given in determining occupational hearing loss. The section also specifically provides that the apportionment of age-related hearing loss be calculated consistent with tables concerning age-related loss of the National Institute for Occupational Safety and Health existing on July 1, 1998. The Act also requires employers to provide for a hearing aid for each ear affected by an occupational hearing loss if certain conditions are met.

HOUSE FILE 58 - Personnel Files -- Fees for Employee Copies (full text of act)

BY RANTS. This Act provides that an employer can charge an employee a reasonable copy fee for each page of an item in the employee's personnel file. A reasonable fee is an amount equivalent to that which would be charged by a commercial copying business. Previously, the total amount an employer could charge an employee for copies was $5.

HOUSE FILE 299 - Employee Drug Testing (full text of act)

BY COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS. This Act makes changes to Iowa's law governing drug and alcohol testing of employees and prospective employees by striking current law and replacing it with a new Code section.

Drug and alcohol testing requirements established by the Act apply only to private sector employers. The state and its political subdivisions, as well as Native American tribes and the federal government, are excluded from the definition of "employer." The Act also provides that its requirements do not apply to drug or alcohol tests of employees required to be tested by federal law.

The Act governs the procedures for conducting a drug or alcohol test by an employer, including the collection of samples and the scheduling of tests. The Act provides that blood samples shall not be collected except under circumstances following a workplace accident. The Act also requires that the results of drug or alcohol testing be confirmed and specifies the methodology by which a drug or alcohol test shall be confirmed. The Act provides that samples collected from current employees shall be split into two components so that an employee has an opportunity to have the second sample tested if the first sample yields a confirmed positive test result.

The Act permits unannounced drug or alcohol testing of employees selected from the entire employee population scheduled to work at the time of the testing at a particular work site of the employer, or from all employees working in a safety-sensitive position, and permits testing of employees during and after completion of drug or alcohol rehabilitation. The Act also permits drug or alcohol testing based on reasonable suspicion, on prospective employees, in investigating an accident at work, and as required by federal law or regulation or by law enforcement.

The Act requires an employer to establish a written policy, available to employees and prospective employees, governing drug or alcohol testing. The written policy shall provide for uniform requirements for what disciplinary or rehabilitative actions an employer can take following a positive drug or alcohol test that shall be based only on the results of the test. The Act also provides what disciplinary or rehabilitative actions are permissible as a part of the employer's written policy. The Act further provides that for certain positive alcohol tests, the employer shall provide rehabilitation to the employee. The requirement for rehabilitation shall only apply to certain larger employers and to employees who have not previously violated the employer's substance abuse policy. The written policy shall also provide, if applicable, a minimum level for a positive alcohol test result, but in no event lower than 0.04, and information about the employer's employee assistance program, if applicable, or community services concerning alcohol and drug abuse.

The Act also makes provisions governing the liability of an employer. The Act provides that an employer shall not be liable for actions taken in good faith based on a positive drug or alcohol test, for failing to test for drugs or alcohol or for failing to detect any specific drug or other controlled substance, for terminating or suspending a drug and alcohol testing program or policy, or for failing to take action relating to a false negative test result. The Act provides that an employer shall be liable for actions taken based upon a false positive test only if the employer knew or clearly should have known the test was incorrect and ignored the correct result because of a reckless disregard for the truth. In addition, the Act also provides that an employer is not liable for an action based on damage to reputation, libel, slander, or defamation unless certain additional requirements are met, generally requiring a finding that an incorrect positive test result was disclosed negligently. The Act establishes that a drug or alcohol test conducted in accordance with the Act is presumed valid and that an employer is not liable for monetary damages if the employer's reliance on a false positive test was reasonable and in good faith.

The Act also provides for the confidentiality of test results and provides that laboratories and medical review officers conducting drug or alcohol testing who violate the confidentiality provisions or who do not limit testing to a determination of whether the sample contains drugs or alcohol are subject to a civil penalty of $1,000. An employer who improperly targets or exempts employees subject to testing is also liable for a $1,000 civil penalty. The Act also provides that a person who violates the provisions of this new Code section is liable to an aggrieved employee or prospective employee through a civil action for affirmative relief such as reinstatement or for injunctive relief, as applicable.

The Act further provides that laboratories conducting drug or alcohol tests pursuant to this Act shall report the number and results of the drug or alcohol tests conducted during a calendar year to the Iowa Department of Public Health.

Senate File 2391 (see Criminal Law, Procedure & Corrections) amends this Act to provide for additional privacy protection for the collection of samples subject to drug and alcohol testing and for notice requirements concerning the testing of employees who are under 18 years of age.

This Act takes effect April 16, 1998.

HOUSE FILE 2443 - Workers' Compensation Coverage for Community College Students in School-to-Work Programs (full text of act)

BY NELSON. This Act provides that workers' compensation coverage applies to a student participating and providing unpaid services in a school-to-work program at a community college that the community college is providing under a contractual agreement with a school corporation or accredited nonpublic school.

HOUSE FILE 2465 -Workers' Compensation -- Division and Commissioner Name Change -- Compensation During Healing Period (full text of act)

BY COMMITTEE ON LABOR AND INDUSTRIAL RELATIONS. This Act changes the name of the Division of Industrial Services of the Department of Workforce Development to the Division of Workers' Compensation. In addition, the title "Industrial Commissioner" is changed to "Workers' Compensation Commissioner."

The Act also provides that an employer is required to pay workers' compensation for a healing period for a permanent disability beginning on the first day of disability after the injury instead of on the day of injury.

The Act also eliminates the requirement that first reports of injury be filed in written form.

RELATED LEGISLATION

SENATE FILE 2280 -- Appropriations -- Health and Human Rights (Complete summary under APPROPRIATIONS.)

This Act provides that any Iowa Veterans Home successor contractor shall not consider employees of a state institution or facility to be new employees for purposes of employee wages, health insurance or retirement benefits, and that the chairpersons and ranking members of the Joint Appropriations Subcommittee on Health and Human Rights shall be notified by January 15 of any calendar year during which a request for proposals is anticipated to be issued regarding any Iowa Veterans Home contract involving employment, for purposes of providing legislative review and oversight.

SENATE FILE 2296 -- Appropriations -- Economic Development (Complete summary under APPROPRIATIONS.)

This Act makes a number of appropriations from the General Fund of the State to the Department of Workforce Development for the administration of the department and for specific programs.

SENATE FILE 2310 -- Professional Engineers -- Requirements for Licensure (Complete summary under STATE GOVERNMENT.)

This Act provides that applicants for licensure as a professional engineer who obtained an associate of science or more advanced degree between July 1, 1983, and June 30, 1988, can qualify to take an examination in fundamental engineering subjects.

SENATE FILE 2366 -- Educational Programming and Related Provisions and Appropriations (Complete summary under EDUCATION.)

This Act provides that the determination of standards of performance expected of school district personnel is an exclusive management right of the school board and is not subject to the mandatory collective bargaining negotiations. Objections to the procedures, use or content of an evaluation in a teacher termination proceeding are not subject to the collective bargaining grievance procedures.

SENATE FILE 2372 -- Sheriff Uniforms (Complete summary under LOCAL GOVERNMENT.)

This Act adds shirts to the clothing items included as part of the standard uniform of a sheriff or deputy sheriff.

SENATE FILE 2391 -- Drug and Alcohol Offenses -- Penalties and Miscellaneous Provisions (Complete summary under CRIMINAL LAW, PROCEDURE & CORRECTIONS.)

This Act addresses, among other issues, amendments to previously passed drug-testing legislation. The Act makes provision for collection of urine specimens in a private but secure location, or for observation by persons of the same gender when direct monitoring occurs. The Act also addresses parental notification procedures for testing of minors. These provisions take effect April 22, 1998.

HOUSE FILE 2400 -- Mechanic's Liens (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act amends Code provisions regarding mechanic's liens, adding liens for rented material used in the course of alteration or construction of an owner's building, improvement or land; and for labor furnished to a subcontractor. The Act also amends mechanic's lien notification procedures for labor or materials furnished to a subcontractor, and the amount of a lien in the case of an owner-occupied dwelling.

HOUSE FILE 2478 -- Mediation Confidentiality (Complete summary under CIVIL LAW, PROCEDURE & COURT ADMINISTRATION.)

This Act creates new Code Chapter 679C relating to confidentiality in mediation. The Act establishes separate mediator privilege provisions for mediation involving collective bargaining disputes before the Public Employment Relations Board.

HOUSE FILE 2496 -- Public Retirement Systems and Related Provisions (Complete summary under STATE GOVERNMENT.)

This Act makes numerous changes pertaining to public retirement systems, including the Public Safety Peace Officers' Retirement, Accident, and Disability System (PORS, Code Chapter 97A), the Iowa Public Employees' Retirement System (IPERS, Code Chapter 97B), the Statewide Fire and Police Retirement System (Code Chapter 411), and the Judicial Retirement System.

HOUSE FILE 2498 -- Appropriations -- Administration and Regulation (Complete summary under APPROPRIATIONS.)

This Act authorizes funding to the Iowa Public Employees' Retirement System Division of the Department of Personnel for a headquarters building and directs the division to conduct studies of a statewide deferred compensation plan to study the feasibility of including adjunct professors at community colleges and regents universities as members of IPERS and for a comprehensive examination of plan design of benefit parity issues of retirement systems under Code Chapters 97A, 97B and 411. Funding is also provided to the Department of Management for law enforcement training reimbursements and the Council on Human Investment.

© 1998 Cornell College and League of Women Voters of Iowa

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Last update: THU July 30 1998
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