House File 754 H-1193 Amend House File 754 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 88.5, Code 2021, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 12. Infectious disease. The commissioner 6 shall promulgate standards for mitigation of medical 7 emergencies relating to infectious disease, including but 8 not limited to COVID-19 as defined in section 686D.2. The 9 standards shall apply to all industries but may include 10 industry-specific standards as deemed appropriate by the 11 commissioner. The standards shall specifically address 12 personal protective equipment to be provided to employees. 13 Such standards shall minimize to the greatest extent possible 14 hazardous situations likely to cause employee exposure to 15 infectious disease, including but not limited to employees 16 working in close proximity without proper protective equipment 17 and safety procedures. 18 Sec. 2. Section 88.6, subsection 5, Code 2021, is amended 19 to read as follows: 20 5. Special inspections. Any employees or authorized 21 employee representative who believes that a violation of a 22 safety or health standard exists that threatens physical harm, 23 or that an imminent danger exists, may request an inspection 24 by giving notice to the commissioner or the commissioner’s 25 authorized representative of such violation or danger. Any 26 such notice shall be reduced to writing, shall set forth 27 with reasonable particularity the grounds for the notice, 28 and shall be signed by the employees or authorized employee 29 representative, and a copy shall be provided the employer or 30 the employer’s agent no later than at the time of inspection, 31 except that upon the request of the person giving such notice 32 the person’s identifying information and the identifying 33 information of individual employees referred to in the notice 34 shall not appear in such copy or on any record published, 35 -1- HF754.1334 (1) 89 je/rn 1/ 3 #1.
released, or made available. If, upon receipt of such 1 notification, the commissioner determines that there are 2 reasonable grounds to believe that such violation or danger 3 exists, the commissioner shall make a special inspection in 4 accordance with the provisions of this section as soon as 5 practicable, to determine if such violation or danger exists. 6 The commissioner shall prioritize special inspections relating 7 to possible violations of standards promulgated pursuant to 8 section 88.5, subsection 12. If the commissioner determines 9 that there are no reasonable grounds to believe that a 10 violation or danger exists, the commissioner shall notify the 11 employees or authorized employee representative in writing 12 of such determination. For purposes of this subsection , 13 “identifying information” means specific personal information 14 including, but not limited to, the person’s name, home address, 15 telephone number, social security number, and handwriting and 16 language idiosyncrasies. In circumstances when the release of 17 any fact may be used to identify the person, that fact shall 18 not be released. 19 Sec. 3. EMERGENCY RULES. The labor commissioner shall adopt 20 emergency rules under section 17A.4, subsection 3, and section 21 17A.5, subsection 2, paragraph “b”, to promulgate standards 22 required pursuant to section 88.5, subsection 12, as enacted by 23 this Act, relating to COVID-19, as defined in section 686D.2, 24 and the rules shall be effective immediately upon filing unless 25 a later date is specified in the rules. Any rules adopted 26 in accordance with this section shall also be published as a 27 notice of intended action as provided in section 17A.4. 28 Sec. 4. EFFECTIVE DATE. This Act, being deemed of immediate 29 importance, takes effect upon enactment. > 30 2. Title page, by striking lines 1 and 2 and inserting 31 < An Act providing for standards for mitigation of infectious 32 disease under the state occupational health and safety law, 33 making penalties applicable, and including effective date 34 provisions. > 35 -2- HF754.1334 (1) 89 je/rn 2/ 3
______________________________ HUNTER of Polk -3- HF754.1334 (1) 89 je/rn 3/ 3