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