House Study Bill 145 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LABOR BILL BY CHAIRPERSON DEYOE) A BILL FOR An Act providing for conformity with federal law relating to 1 civil penalties for violations of the state occupational 2 safety and health law and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1369YC (1) 87 je/rj

H.F. _____ Section 1. Section 88.14, subsections 1, 2, 3, 4, and 9, 1 Code 2017, are amended to read as follows: 2 1. Willful violations. Any employer who willfully or 3 repeatedly violates the requirements of section 88.4 , any 4 standard, rule, or order adopted or issued pursuant to section 5 88.5 , or rules adopted pursuant to this chapter , may be 6 assessed a civil penalty of not less than the minimum penalty 7 amount and not more than seventy thousand dollars for each 8 violation, but not less than five thousand dollars the maximum 9 penalty amount set by the United States department of labor 10 pursuant to the federal Occupational Safety and Health Act of 11 1970, Pub. L. No. 91-596, §17, codified at 29 U.S.C. §666, as 12 amended, and the federal Bipartisan Budget Act of 2015, Pub. L. 13 No. 114-74, §701, for each willful violation. The commissioner 14 shall adopt rules pursuant to chapter 17A, in accordance with 15 this subsection, that contain the minimum and maximum penalty 16 amounts for each willful violation. 17 2. Serious violations. Any employer who has received 18 a citation for a serious violation of the requirements of 19 section 88.4 , of any standard, rule, or order adopted or issued 20 pursuant to section 88.5 , or of any regulations prescribed 21 rules adopted pursuant to this chapter , shall be assessed a 22 civil penalty of up to seven thousand dollars not more than the 23 maximum penalty amount set by the United States department of 24 labor pursuant to the federal Occupational Safety and Health 25 Act of 1970, Pub. L. No. 91-596, §17, codified at 29 U.S.C. 26 §666, as amended, and the federal Bipartisan Budget Act of 27 2015, Pub. L. No. 114-74, §701, for each such violation. The 28 commissioner shall adopt rules pursuant to chapter 17A, in 29 accordance with this subsection, that contain the maximum 30 penalty amount for each serious violation. 31 3. Nonserious violations. Any employer who has received a 32 citation for a violation of the requirements of section 88.4 , 33 of any standard, rule, or order adopted or issued pursuant to 34 section 88.5 , or of rules prescribed adopted pursuant to this 35 -1- LSB 1369YC (1) 87 je/rj 1/ 3

H.F. _____ chapter and the violation is specifically determined not to be 1 of a serious nature, may be assessed a civil penalty of up to 2 seven thousand dollars not more than the maximum penalty amount 3 set by the United States department of labor pursuant to the 4 federal Occupational Safety and Health Act of 1970, Pub. L. 5 No. 91-596, §17, codified at 29 U.S.C. §666, as amended, and 6 the federal Bipartisan Budget Act of 2015, Pub. L. No. 114-74, 7 §701, for each violation. The commissioner shall adopt rules 8 pursuant to chapter 17A, in accordance with this subsection, 9 that contain the maximum penalty amount for each nonserious 10 violation. 11 4. Failure to correct. Any employer who fails to correct a 12 violation for which a citation has been issued under section 13 88.7, subsection 1 , within the period permitted for its 14 correction, may be assessed a civil penalty of not more than 15 seven thousand dollars the maximum penalty amount set by the 16 United States department of labor pursuant to the federal 17 Occupational Safety and Health Act of 1970, Pub. L. No. 91-596, 18 §17, codified at 29 U.S.C. §666, as amended, and the federal 19 Bipartisan Budget Act of 2015, Pub. L. No. 114-74, §701, for 20 each day during which the failure or violation continues. 21 The commissioner shall adopt rules pursuant to chapter 17A, 22 in accordance with this subsection, that contain the maximum 23 penalty amount for each day during which the failure or 24 violation continues. The period for correction shall not 25 begin until the date of the final order of the appeal board 26 of any review proceeding under section 88.8 initiated by the 27 employer in good faith and not solely for delay or avoidance 28 of penalties. 29 9. Violation of posting requirements. Any employer who 30 violates any of the posting, reporting, or recordkeeping 31 requirements under this chapter , shall be assessed a civil 32 penalty of up to seven thousand dollars not more than the 33 maximum penalty amount set by the United States department 34 of labor pursuant to the federal Occupational Safety and 35 -2- LSB 1369YC (1) 87 je/rj 2/ 3

H.F. _____ Health Act of 1970, Pub. L. No. 91-596, §17, codified at 29 1 U.S.C. §666, as amended, and the federal Bipartisan Budget 2 Act of 2015, Pub. L. No. 114-74, §701, for each violation. 3 The commissioner shall adopt rules pursuant to chapter 17A, 4 in accordance with this subsection, that contain the maximum 5 penalty amount for each violation of any of the posting, 6 reporting, or recordkeeping requirements under this chapter. 7 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 8 immediate importance, takes effect upon enactment. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill strikes references to specific dollar amounts for 13 certain civil penalties under Code chapter 88, pertaining to 14 occupational safety and health, in order to comply with the 15 requirements of the federal Occupational Safety and Health 16 Act of 1970, Pub. L. No. 91-596, §17, codified at 29 U.S.C. 17 §666, as amended, and the federal Bipartisan Budget Act of 18 2015, Pub. L. No. 114-74, §701. These federal laws require 19 that the United States department of labor adjust such penalty 20 amounts annually and that states conform to the federal penalty 21 requirements. Such adjustments are based on changes in the 22 federal consumer price index. 23 The bill takes effect upon enactment. 24 -3- LSB 1369YC (1) 87 je/rj 3/ 3