House Study Bill 130



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            COMMERCE, REGULATION
                                            AND LABOR BILL BY
                                            CHAIRPERSON JENKINS)


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

                                      A BILL FOR

  1 An Act relating to the labor commissioner's regulatory duties and
  2    responsibilities regarding occupational safety and health,
  3    including training for inspections and investigations.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1772YC 81
  6 kh/gg/14

PAG LIN



  1  1    Section 1.  Section 88.2, subsection 1, Code 2005, is
  1  2 amended to read as follows:
  1  3    1.  The labor commissioner, appointed pursuant to section
  1  4 91.2, and the division of labor services of the department of
  1  5 workforce development created in section 84A.1 shall
  1  6 administer this chapter.  The labor commissioner's primary
  1  7 responsibility in administering this chapter shall be to make
  1  8 workplace safety the predominant concern, ensuring consistent
  1  9 enforcement interpretations and agency policies that support
  1 10 the state's general business climate.
  1 11    Sec. 2.  Section 88.6, Code 2005, is amended by adding the
  1 12 following new subsection:
  1 13    NEW SUBSECTION.  10.  TRAINING FOR INSPECTIONS.  For
  1 14 purposes of subsection 1, the credentials presented by the
  1 15 commissioner or the commissioner's representative shall
  1 16 include, but are not limited to, evidence that the
  1 17 commissioner or the commissioner's representative has received
  1 18 industry=specific training within the defined sectors of the
  1 19 North American industry classification system within a two=
  1 20 year period preceding the inspection or investigation.
  1 21    Sec. 3.  Section 88.16, subsection 1, Code 2005, is amended
  1 22 to read as follows:
  1 23    1.  The commissioner shall conduct directly or by contract,
  1 24 educational programs to provide an adequate supply of
  1 25 qualified personnel to administer this chapter and
  1 26 informational programs on the importance of and proper use of
  1 27 adequate safety and health equipment.  The commissioner shall
  1 28 provide continuous and timely documentation of the training
  1 29 conducted by the commissioner, and dates on which the training
  1 30 was completed by the commissioner or the commissioner's
  1 31 representative pursuant to section 88.6, subsection 10, on the
  1 32 official web page of the division of labor services.
  1 33                           EXPLANATION
  1 34    This bill establishes that the labor commissioner's primary
  1 35 responsibility in administering the Code chapter regulating
  2  1 occupational safety and health, Code chapter 88, is to make
  2  2 workplace safety the predominant concern, ensuring consistent
  2  3 enforcement interpretations and agency policies that support
  2  4 the state's general business climate.  The bill also requires
  2  5 that the commissioner, or the commissioner's representative,
  2  6 receive industry=specific training prior to conducting an
  2  7 inspection or investigation under the Code chapter, and to
  2  8 document such training on the agency's official web page.
  2  9 LSB 1772YC 81
  2 10 kh:nh/gg/14