H.F. _____ DIVISION I 1 WORKPLACE SAFETY IMPROVEMENT PROGRAM AND FUND 2 Section 1. NEW SECTION . 88C.1 Definitions. 3 For purposes of this chapter: 4 1. “Commissioner” means the labor commissioner appointed 5 pursuant to section 91.2. 6 2. “Consultant” means a consultant from the division of 7 labor services of the department of workforce development. 8 3. “Employer” means a private person engaged in a business 9 who has one or more employees. 10 Sec. 2. NEW SECTION . 88C.2 Workplace safety improvement 11 program established —— purpose —— grants and loans. 12 1. A workplace safety improvement program is established 13 for the purpose of awarding grants and loans to employers in 14 this state to promote improvements in workplace safety. The 15 program shall be administered by the commissioner. 16 2. An employer is eligible to apply for a grant or loan from 17 the workplace safety improvement program if the employer meets 18 the following criteria: 19 a. A consultant has conducted an on-site consultation visit 20 of the employer’s work site. 21 b. The consultant recommends to the employer specific safety 22 practices or equipment designed to reduce the risk of illness 23 or injury to employees. 24 3. The commissioner shall make grants or loans to employers 25 for the cost of implementing safety recommendations made by a 26 consultant. An employer shall use funds received from a grant 27 or loan made pursuant to this chapter solely for the purpose of 28 implementing safety recommendations made by a consultant. 29 Sec. 3. NEW SECTION . 88C.3 Workplace safety improvement 30 fund established. 31 A workplace safety improvement fund is established as a 32 separate and distinct fund in the state treasury under the 33 control of the commissioner. Moneys deposited or paid into 34 the fund are appropriated to the commissioner for the purposes 35 -1- LSB 6083HC (2) 84 je/rj 1/ 7

H.F. _____ of the workplace safety improvement program. Notwithstanding 1 section 8.33, moneys in the fund at the end of a fiscal year 2 shall not revert to the general fund of the state. 3 Sec. 4. NEW SECTION . 88C.4 Rules. 4 The commissioner shall adopt rules pursuant to chapter 17A 5 necessary to administer this chapter. 6 DIVISION II 7 CIVIL PENALTIES COLLECTED BY DEPARTMENT OF WORKFORCE 8 DEVELOPMENT —— DEPOSIT IN WORKPLACE SAFETY IMPROVEMENT FUND 9 Sec. 5. Section 73A.21, subsection 8, Code Supplement 2011, 10 is amended to read as follows: 11 8. Any person or entity that violates the provisions of 12 this section is subject to a civil penalty in an amount not to 13 exceed one thousand dollars for each violation found in a first 14 investigation by the division, not to exceed five thousand 15 dollars for each violation found in a second investigation 16 by the division, and not to exceed fifteen thousand dollars 17 for a third or subsequent violation found in any subsequent 18 investigation by the division. Each violation of this section 19 for each worker and for each day the violation continues 20 constitutes a separate and distinct violation. In determining 21 the amount of the penalty, the division shall consider the 22 appropriateness of the penalty to the person or entity charged, 23 upon determination of the gravity of the violations. Any civil 24 penalties collected by the department shall be deposited in 25 the workplace safety improvement fund established by section 26 88C.3. The collection of these penalties shall be enforced in 27 a civil action brought by the attorney general on behalf of the 28 division. 29 Sec. 6. Section 84C.5, subsection 2, Code 2011, is amended 30 to read as follows: 31 2. An employer who violates the provisions of section 84C.3 32 with respect to the department shall be subject to a civil 33 penalty of not more than one hundred dollars for each day of 34 the violation. Any civil penalties collected by the department 35 -2- LSB 6083HC (2) 84 je/rj 2/ 7

H.F. _____ shall be forwarded to the treasurer of state and deposited in 1 the general workplace safety improvement fund of the state 2 established by section 88C.3 . 3 Sec. 7. Section 88.14, subsection 12, Code 2011, is amended 4 to read as follows: 5 12. Collection of penalties. Civil penalties owed under 6 this chapter shall be paid to the commissioner for deposit 7 with the treasurer of state and shall accrue to the state in 8 the workplace safety improvement fund established by section 9 88C.3 and may be recovered in a civil action in the name of the 10 state brought in the district court of the county where the 11 violation is alleged to have occurred or where the employer has 12 its principal office. 13 Sec. 8. Section 88A.10, subsection 3, Code 2011, is amended 14 to read as follows: 15 3. A person who fails to obey a safety related requirement 16 listed on a sign displayed at an amusement ride pursuant to 17 section 88A.16, subsection 2 , is subject to a civil penalty 18 of one hundred dollars. Any civil penalties collected by the 19 division shall be deposited in the workplace safety improvement 20 fund established by section 88C.3. 21 Sec. 9. Section 88B.12, Code 2011, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 3. Any civil penalties collected by 24 the department shall be deposited in the workplace safety 25 improvement fund established by section 88C.3. 26 Sec. 10. Section 89.13, Code 2011, is amended to read as 27 follows: 28 89.13 Civil penalty allowed. 29 If upon notice and hearing the commissioner determines that 30 an owner has operated a facility in violation of a safety 31 order, the commissioner may assess a civil penalty against 32 the owner in an amount not exceeding five hundred dollars, as 33 determined by the commissioner. An order assessing a civil 34 penalty is subject to appeal to the employment appeal board and 35 -3- LSB 6083HC (2) 84 je/rj 3/ 7

H.F. _____ to judicial review. The commissioner may commence an action 1 in the district court to enforce payment of a civil penalty. 2 Revenue from the penalty provided in this section shall be 3 remitted to the treasurer of state for deposit deposited in 4 the general workplace safety improvement fund of the state 5 established by section 88C.3 . 6 Sec. 11. Section 89A.18, Code 2011, is amended to read as 7 follows: 8 89A.18 Civil penalty. 9 If upon notice and hearing the commissioner determines 10 that an owner has operated a conveyance after an order of the 11 commissioner that suspends, revokes, or refuses to issue an 12 operating permit for the conveyance has become final under 13 section 89A.10, subsection 2 , the commissioner may assess a 14 civil penalty against the owner in an amount not exceeding five 15 hundred dollars, as determined by the commissioner. An order 16 assessing a civil penalty is subject to appeal under section 17 89A.10, subsection 2 , in the same manner and to the same extent 18 as decisions referred to in that subsection. The commissioner 19 may commence an action in the district court to enforce payment 20 of the civil penalty. A record of assessment against or 21 payment of a civil penalty by any person for a violation of 22 this section shall not be admissible as evidence in any court 23 in any civil action. Revenue from the penalty provided in this 24 section shall be remitted to the treasurer of state for deposit 25 deposited in the state general workplace safety improvement 26 fund established by section 88C.3 . 27 Sec. 12. Section 90A.11, subsection 3, paragraph e, Code 28 Supplement 2011, is amended to read as follows: 29 e. Civil penalties recovered pursuant to this subsection 30 shall be remitted by the commissioner to the treasurer of 31 state for deposit deposited in the general workplace safety 32 improvement fund of the state established by section 88C.3 . 33 Sec. 13. Section 91A.12, subsections 1 and 4, Code 2011, are 34 amended to read as follows: 35 -4- LSB 6083HC (2) 84 je/rj 4/ 7

H.F. _____ 1. Any employer who violates the provisions of this chapter 1 or the rules promulgated under it shall be subject to a civil 2 money penalty of not more than five hundred dollars per pay 3 period for each violation. The commissioner may recover such 4 civil money penalty according to the provisions of subsections 5 2 to 5. Any civil money penalty recovered shall be deposited 6 in the general workplace safety improvement fund of the state 7 established by section 88C.3 . 8 4. An employer may seek judicial review of any assessment 9 rendered under subsection 3 by instituting proceedings for 10 judicial review pursuant to chapter 17A . However, such 11 proceedings must be instituted in the district court of the 12 county in which the violation or one of the violations occurred 13 and within thirty days of the day on which the employer was 14 notified that an assessment has been rendered. Also, an 15 employer may be required, at the discretion of the district 16 court and upon instituting such proceedings, to deposit the 17 amount assessed with the clerk of the district court. Any 18 moneys so deposited shall either be returned to the employer 19 or be forwarded to the commissioner for deposit in the general 20 workplace safety improvement fund of the state established by 21 section 88C.3 , depending on the outcome of the judicial review, 22 including any appeal to the supreme court. 23 Sec. 14. Section 91C.8, subsection 5, Code 2011, is amended 24 to read as follows: 25 5. The administrative penalties which may be imposed under 26 this section shall be not more than five hundred dollars 27 in the case of a first violation and not more than five 28 thousand dollars for each violation in the case of a second or 29 subsequent violation. All administrative penalties collected 30 pursuant to this chapter shall be deposited in the general 31 workplace safety improvement fund of the state established by 32 section 88C.3 . 33 Sec. 15. Section 91E.4, subsection 1, Code 2011, is amended 34 to read as follows: 35 -5- LSB 6083HC (2) 84 je/rj 5/ 7

H.F. _____ 1. An employer who violates section 91E.3 is subject to 1 a civil penalty of up to one thousand dollars. Any civil 2 penalty recovered shall be deposited in the workplace safety 3 improvement fund established by section 88C.3. 4 Sec. 16. Section 92.22, subsection 5, Code 2011, is amended 5 to read as follows: 6 5. Any civil penalties recovered pursuant to this section 7 shall be remitted by the commissioner to the treasurer of 8 state for deposit deposited in the general workplace safety 9 improvement fund of the state established by section 88C.3 . 10 Sec. 17. Section 94A.6, subsection 2, Code 2011, is amended 11 to read as follows: 12 2. If a person violates a provision of this chapter 13 or refuses the commissioner access to records, books, and 14 papers pursuant to an examination under section 94A.5 , the 15 commissioner shall assess a civil penalty against the person 16 in an amount not greater than two thousand dollars. Any civil 17 penalty recovered shall be deposited in the workplace safety 18 improvement fund established by section 88C.3. 19 EXPLANATION 20 Division I of this bill establishes a workplace safety 21 improvement program for the purpose of awarding grants and 22 loans to employers in this state to promote improvements in 23 workplace safety. The bill provides that the program shall be 24 administered by the labor commissioner. 25 The bill provides that an employer is eligible to apply for a 26 grant or loan from the workplace safety improvement program if 27 the employer has had an on-site consultation visit conducted by 28 a consultant from the bureau of consultation and education of 29 the division of labor services of the department of workforce 30 development, and the consultant recommends to the employer 31 specific safety practices or equipment designed to reduce the 32 risk of illness or injury to employees. The bill provides that 33 the labor commissioner shall make grants or loans to employers 34 for the cost of implementing such safety recommendations, 35 -6- LSB 6083HC (2) 84 je/rj 6/ 7

H.F. _____ and employers shall use such funds solely for the purpose of 1 implementing those recommendations. 2 The bill establishes a workplace safety improvement fund 3 under the control of the labor commissioner and appropriates 4 moneys deposited or paid into the fund to the commissioner for 5 the purposes of the workplace safety improvement program. 6 The bill provides that the labor commissioner shall adopt 7 rules necessary to administer the bill. 8 Division II of the bill provides that various civil 9 penalties collected by the department of workforce development 10 are to be deposited in the workplace safety improvement fund. 11 Such moneys are currently deposited in the general fund of the 12 state. 13 -7- LSB 6083HC (2) 84 je/rj 7/ 7