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