House File 702 - Introduced
HOUSE FILE
BY COMMITTEE ON COMMERCE,
REGULATION AND LABOR
(SUCCESSOR TO HSB 130)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the responsibilities of divisions within the
2 department of workforce development, including training for
3 occupational safety and health inspections and investigations,
4 and certain workers' compensation benefits.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1772HV 81
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PAG LIN
1 1 Section 1. Section 85.27, subsection 7, Code 2005, is
1 2 amended to read as follows:
1 3 7. If, after the third day of incapacity to work following
1 4 the date of sustaining a compensable injury which does not
1 5 result in permanent partial disability, or if, at any time
1 6 after sustaining a compensable injury which results in
1 7 permanent partial disability, an employee, who is not
1 8 receiving weekly benefits under section 85.33 or section
1 9 85.34, subsection 1, returns to work and is required to leave
1 10 work for one full day or less to receive services pursuant to
1 11 this section, the employee shall be paid an amount equivalent
1 12 to the wages lost at the employee's regular rate of pay for
1 13 the time the employee is required to leave work. For the
1 14 purposes of this subsection, "day of incapacity to work" means
1 15 eight hours of accumulated absence from work due to incapacity
1 16 to work or due to the receipt of services pursuant to this
1 17 section. The employer shall make the payments under this
1 18 subsection as wages to the employee after making such
1 19 deductions from the amount as legally required or customarily
1 20 made by the employer from wages. Payments made under this
1 21 subsection shall be required to be reimbursed pursuant to any
1 22 insurance policy covering workers' compensation. Payments
1 23 under this subsection shall not be construed to be payment of
1 24 weekly benefits.
1 25 Sec. 2. Section 85.38, subsection 2, unnumbered paragraph
1 26 2, Code 2005, is amended to read as follows:
1 27 If an employer denies liability under this chapter, chapter
1 28 85A, or chapter 85B, for payment for any medical services
1 29 received or weekly compensation requested by an employee with
1 30 a disability, and the employee is a beneficiary under either
1 31 an individual or group plan for nonoccupational illness,
1 32 injury, or disability, the nonoccupational plan shall not deny
1 33 payment for the medical services received of benefits under
1 34 the plan on the basis that the employer's liability for the
1 35 medical services under this chapter, chapter 85A, or chapter
2 1 85B is unresolved.
2 2 Sec. 3. Section 88.2, subsection 1, Code 2005, is amended
2 3 to read as follows:
2 4 1. The labor commissioner, appointed pursuant to section
2 5 91.2, and the division of labor services of the department of
2 6 workforce development created in section 84A.1 shall
2 7 administer this chapter. The labor commissioner's primary
2 8 responsibility in administering this chapter shall be to make
2 9 workplace safety the predominant concern, ensuring consistent
2 10 enforcement interpretations and agency policies that support
2 11 the state's general business climate.
2 12 Sec. 4. Section 88.16, subsection 1, Code 2005, is amended
2 13 to read as follows:
2 14 1. The commissioner shall conduct directly or by contract,
2 15 educational programs to provide an adequate supply of
2 16 qualified personnel to administer this chapter and
2 17 informational programs on the importance of and proper use of
2 18 adequate safety and health equipment. The commissioner shall
2 19 provide continuous and timely documentation of all training
2 20 completed by the commissioner and the commissioner's
2 21 representatives, the dates on which the training was
2 22 completed, a record of the commissioner's and the
2 23 commissioner's representatives' inspection experience within
2 24 the defined sectors of the North American industry
2 25 classification system, and the dates on which the experience
2 26 was obtained on the official web page of the division of labor
2 27 services.
2 28 EXPLANATION
2 29 This bill relates to the payment of certain weekly workers'
2 30 compensation benefits and establishes that the labor
2 31 commissioner's primary responsibility in administering the
2 32 Code chapter regulating occupational safety and health, Code
2 33 chapter 88, is to make workplace safety the predominant
2 34 concern, ensuring consistent enforcement interpretations and
2 35 agency policies that support the state's general business
3 1 climate.
3 2 Code section 85.27 is amended to provide that for purposes
3 3 of paying certain lost wages, "day of incapacity to work"
3 4 means eight hours of accumulated absence from work due to
3 5 incapacity to work or due to the receipt of services pursuant
3 6 to that section.
3 7 The bill amends Code section 85.38 to provide that if an
3 8 employer denies liability under Code chapter 85, 85A, or 85B,
3 9 for payment of weekly compensation requested by an employee
3 10 and the employee is a beneficiary under either an individual
3 11 or group plan for nonoccupational illness, injury, or
3 12 disability, the nonoccupational plan shall not deny payment of
3 13 benefits under the plan on the basis that the employer's
3 14 liability under Code chapter 85, 85A, or 85B is unresolved.
3 15 Code section 85.38 currently requires payment by a
3 16 nonoccupational plan for any medical services received by an
3 17 injured employee under these circumstances.
3 18 The bill amends Code section 88.16 to require the labor
3 19 commissioner to document on the agency's official web page all
3 20 training completed by the commissioner, or the commissioner's
3 21 representatives, and the commissioner's and the commissioner's
3 22 representatives' inspection experience and the dates on which
3 23 the experience was obtained.
3 24 LSB 1772HV 81
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