Senate File 2338 S-5127 Amend the House amendment, S-5111, to Senate File 2338, as 1 passed by the Senate, as follows: 2 1. Page 1, after line 8 by inserting: 3 < Sec. ___. Section 88.3, subsection 3, Code 2020, is amended 4 to read as follows: 5 3. “Emergency temporary standards” means any occupational 6 safety and health standard or modification thereof which 7 has been adopted and promulgated by a nationally recognized 8 standards-producing organization under procedures whereby it 9 can be determined by the commissioner that persons interested 10 and affected by the scope or provisions of the standard 11 have reached substantial agreement on its adoption, and was 12 formulated in a manner which afforded an opportunity for 13 diverse views to be considered or is an emergency temporary 14 standard provided by the secretary pursuant to and in 15 conformance with the provisions of the federal law. “Emergency 16 temporary standards” includes guidance related to the novel 17 coronavirus identified as SARS-CoV-2 provided by the centers 18 for disease control and prevention of the federal department of 19 health and human services or by the federal occupational safety 20 and health administration. 21 Sec. ___. Section 88.5, subsection 5, Code 2020, is amended 22 to read as follows: 23 5. Emergency temporary standards. The commissioner shall 24 provide for an emergency temporary standard to take immediate 25 effect if the commissioner determines that employees are 26 exposed to the novel coronavirus identified as SARS-CoV-2 or 27 are exposed to grave danger from exposure from substances or 28 agents determined to be toxic or physically harmful or from new 29 hazards and if such emergency temporary standard is necessary 30 to protect the employees from such danger. Such emergency 31 standard shall cease to be effective and shall no longer 32 be applicable after the lapse of six months following the 33 effective date thereof unless the commissioner has initiated 34 the procedures provided for under this chapter , for the purpose 35 -1- S5111.4260 (2) 88 ja/jh 1/ 2 #1.

of promulgating a permanent standard as provided in subsection 1 1 of this section in which case the emergency temporary 2 standard will remain in effect until the permanent standard is 3 adopted and becomes effective. Abandonment of the procedure 4 for such promulgation by the commissioner shall terminate the 5 effectiveness and applicability of the emergency temporary 6 standard. > 7 2. Page 4, after line 14 by inserting: 8 < 4. The person who possesses or is in control of the 9 premises failed to comply with emergency temporary standards, 10 as defined in section 88.3. > 11 3. Page 4, by striking lines 20 through 24 and inserting 12 < a duty of care was in compliance with emergency temporary 13 standards, as defined in section 88.3, or was in substantial 14 compliance or was consistent with any federal or state statute, 15 regulation, order, or public health guidance related to 16 COVID-19 that was applicable to the person or activity at issue 17 at the time of the alleged exposure or potential exposure. > 18 4. Page 5, after line 30 by inserting: 19 < 3. This section shall not relieve any person of liability 20 for civil damages for any act or omission that is not in 21 compliance with emergency temporary standards, as defined in 22 section 88.3. > 23 5. Page 6, after line 33 by inserting: 24 < c. The person that designs, manufactures, labels, sells, 25 distributes, or donates household disinfecting or cleaning 26 supplies, personal protective equipment, or a qualified product 27 did not comply with emergency temporary standards, as defined 28 in section 88.3. > 29 6. By renumbering as necessary. 30 ______________________________ NATE BOULTON -2- S5111.4260 (2) 88 ja/jh 2/ 2 #2. #3. #4. #5. #6.