H.F. 2383 Section 1. Section 88.5, subsection 1, Code 2009, is amended 1 by striking the subsection and inserting in lieu thereof the 2 following: 3 1. Promulgation of rules. The commissioner shall, by rule, 4 promulgate standards as needed to conform state occupational 5 safety and health standards to federal occupational safety and 6 health standards. The commissioner shall follow the rulemaking 7 procedures of chapter 17A, and shall file a notice of intended 8 action within ninety days of federal publication of a new, 9 amended, or revoked federal standard. 10 Sec. 2. Section 88.19, Code 2009, is amended to read as 11 follows: 12 88.19 Annual report. 13 Within one hundred twenty days following the convening 14 of each session of each general assembly, the commissioner 15 shall prepare and submit to the governor for transmittal to 16 the general assembly a report upon the subject matter of 17 this chapter, the progress toward achievement of the purpose 18 of this chapter, the needs and requirements in the field 19 of occupational safety and health, and any other relevant 20 information. Such reports may include information regarding 21 occupational safety and health standards, and criteria for such 22 standards, developed during the preceding year; evaluation of 23 standards and criteria previously developed under this chapter, 24 defining areas of emphasis for new criteria and standards; 25 and evaluation of the degree of observance of applicable 26 occupational safety and health standards, and a summary of 27 inspection and enforcement activity undertaken , including 28 remedial actions taken under chapter 89A ; analysis and 29 evaluation of research activities for which results have been 30 obtained under governmental and nongovernmental sponsorship; 31 an analysis of major occupational diseases; evaluation of 32 available control and measurement technology for hazards for 33 which standards or criteria have been developed during the 34 preceding year; description of cooperative efforts undertaken 35 -1- LSB 5428HV (1) 83 ak/nh 1/ 5

H.F. 2383 between government agencies and other interested parties in 1 the implementation of this chapter during the preceding year; 2 a progress report on the development of an adequate supply 3 of trained personnel in the field of occupational safety and 4 health, including estimates of future needs and the efforts 5 being made by government and others to meet those needs; 6 listing of all toxic substances in industrial usage for which 7 labeling requirements, criteria, or standards have not yet 8 been established; and such recommendations for additional 9 legislation as are deemed necessary to protect the safety and 10 health of the worker and improve the administration of this 11 chapter. 12 Sec. 3. Section 89.3, subsection 9, Code Supplement 2009, 13 is amended by striking the subsection and inserting in lieu 14 thereof the following: 15 9. An internal inspection shall not be required on an 16 unfired steam pressure vessel that was manufactured without an 17 inspection opening. 18 Sec. 4. Section 89.4, subsection 3, Code 2009, is amended by 19 striking the subsection. 20 Sec. 5. Section 89.6, Code 2009, is amended to read as 21 follows: 22 89.6 New boilers —— notice Notice to commissioner. 23 1. Before any equipment included under the provisions 24 of this chapter is installed by any owner, user , or lessee 25 thereof, a ten days’ written notice of intention to install the 26 equipment shall be given to the commissioner. The notice shall 27 designate the proposed place of installation, the type and 28 capacity of the equipment, the use to be made thereof, the name 29 of the company which manufactured the equipment, and whether 30 the equipment is new or used. 31 2. Before any power boiler is converted to a low pressure 32 boiler, the owner or user shall give ten days’ written notice 33 of intent to convert the boiler to the commissioner. The 34 notice shall designate the boiler location, the uses of the 35 -2- LSB 5428HV (1) 83 ak/nh 2/ 5

H.F. 2383 building, and other information specified by rule by the board. 1 Sec. 6. Section 89.14, Code Supplement 2009, is amended by 2 adding the following new subsection: 3 NEW SUBSECTION . 9. The board may adopt rules governing the 4 conversion of power boilers to low pressure boilers. 5 Sec. 7. Section 91.4, subsection 5, Code 2009, is amended 6 to read as follows: 7 5. The director of the department of workforce development, 8 in consultation with the labor commissioner, shall, at the 9 time provided by law, make an annual report to the governor 10 setting forth in appropriate form the business and expense of 11 the division of labor services for the preceding year, the 12 number of remedial actions taken under chapter 89A, the number 13 of disputes or violations processed by the division and the 14 disposition of the disputes or violations, and other matters 15 pertaining to the division which are of public interest, 16 together with recommendations for change or amendment of the 17 laws in this chapter and chapters 88, 88A, 88B, 89, 89A, 89B, 18 90A, 91A, 91C, 91D, 91E, 92, and 94A, and section 85.68, 19 and the recommendations, if any, shall be transmitted by the 20 governor to the first general assembly in session after the 21 report is filed. 22 Sec. 8. Section 92.2, subsection 2, Code 2009, is amended by 23 striking the subsection. 24 Sec. 9. Section 92.10, unnumbered paragraph 1, Code 2009, 25 is amended to read as follows: 26 Except as provided in section 92.2 , a A person under sixteen 27 years of age shall not be employed or permitted to work with or 28 without compensation unless the person, firm, or corporation 29 employing such person receives and keeps on file accessible 30 to any officer charged with the enforcement of this chapter, 31 a work permit issued as provided in this chapter, and keeps a 32 complete list of the names and ages of all such persons under 33 sixteen years of age employed. 34 Sec. 10. Section 92.12, Code 2009, is amended to read as 35 -3- LSB 5428HV (1) 83 ak/nh 3/ 5

H.F. 2383 follows: 1 92.12 Migrant labor permits. 2 1. Every person, firm, or corporation employing migrant 3 laborers shall obtain and keep on file, accessible to any 4 officer charged with the enforcement of this chapter, a 5 special work permit, prior to the employment of such migratory 6 laborer. 7 2. Special work Work permits for migrant workers 8 shall be issued by the superintendent of schools, or the 9 superintendent’s designee, nearest the temporary living 10 quarters of the family , or by the county director of social 11 welfare or by the department of workforce development, upon 12 application of the parent or head of the migrant family. The 13 person authorized to issue such permits for migratory workers 14 shall not issue such permit until the person has received, 15 examined, and approved one of the following as evidence of 16 age: a birth certificate, passport, baptism certificate, or 17 school record documentation of proof of age as described in 18 section 92.11 . Applicants under fourteen years of age must 19 obtain a certificate from a registered nurse or physician 20 stating that the applicant for the work permit has reached the 21 normal development of a child of the applicant’s age and is in 22 sufficiently sound health and physically able to perform the 23 work for which the permit is sought. 24 3. One copy of the permit issued shall be given to the 25 employer to be kept on file for the length of employment and 26 upon termination of employment shall be returned to the labor 27 commissioner. One copy of the permit shall be kept by the 28 issuing officer, and one copy forwarded to the commissioner , 29 along with the certificate of fitness of the persons under 30 fourteen years of age . The blank forms for the work permit for 31 migratory workers shall be formulated by the commissioner and 32 furnished by the commissioner to the issuing officer. 33 EXPLANATION 34 This bill affects certain employment practices and safety 35 -4- LSB 5428HV (1) 83 ak/nh 4/ 5

H.F. 2383 programs administered by the division of labor services of the 1 department of workforce development. 2 The bill replaces obsolete language in Code section 88.5 3 pertaining to adoption of occupational safety and health 4 standards with contemporary rulemaking standards. 5 The requirement to make an annual report on remedial actions 6 taken pursuant to Code chapter 89A is moved from Code chapter 7 88 to Code chapter 91. 8 The bill strikes a provision in Code section 89.3 concerning 9 the conversion of power boilers to low pressure boilers, and 10 adopts two new provisions concerning the conversion of power 11 boilers to low pressure boilers in order to update standards. 12 The bill strikes a provision of Code section 89.4 concerning an 13 exemption from internal inspections for unfired steam pressure 14 vessels manufactured without an inspection plate, and adopts a 15 new provision exempting such vessels from internal inspections 16 if they are manufactured without an inspection opening in Code 17 section 89.3. 18 Code section 92.2(2) is stricken so that there is no longer 19 an exception from the labor permit requirement for youth under 20 16 who are engaged in street occupations. 21 Finally, the language in Code section 92.12 is updated and 22 amended to coordinate with Code section 92.11, making the 23 requirements for youth migrant labor permits more similar to 24 regular youth labor permits. 25 -5- LSB 5428HV (1) 83 ak/nh 5/ 5