House File 2289

                                       HOUSE FILE       
                                       BY  MADDOX


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to inhibiting a railroad employee's access to
  2    first aid or medical treatment and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5950HH 80
  5 dea/gg/14

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