House
File
703
-
Introduced
HOUSE
FILE
703
BY
BROWN-POWERS
and
SMITH
A
BILL
FOR
An
Act
providing
for
standards
for
mitigation
of
infectious
1
disease
under
the
state
occupational
health
and
safety
law,
2
making
penalties
applicable,
and
including
effective
date
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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2148YH
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89
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H.F.
703
Section
1.
Section
88.5,
Code
2021,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
12.
Infectious
disease.
The
commissioner
3
shall
promulgate
standards
for
mitigation
of
medical
4
emergencies
relating
to
infectious
disease,
including
but
5
not
limited
to
COVID-19
as
defined
in
section
686D.2.
The
6
standards
shall
apply
to
all
industries
but
may
include
7
industry-specific
standards
as
deemed
appropriate
by
the
8
commissioner.
The
standards
shall
specifically
address
9
personal
protective
equipment
to
be
provided
to
employees.
10
Such
standards
shall
minimize
to
the
greatest
extent
possible
11
hazardous
situations
likely
to
cause
employee
exposure
to
12
infectious
disease,
including
but
not
limited
to
employees
13
working
in
close
proximity
without
proper
protective
equipment
14
and
safety
procedures.
15
Sec.
2.
Section
88.6,
subsection
5,
Code
2021,
is
amended
16
to
read
as
follows:
17
5.
Special
inspections.
Any
employees
or
authorized
18
employee
representative
who
believes
that
a
violation
of
a
19
safety
or
health
standard
exists
that
threatens
physical
harm,
20
or
that
an
imminent
danger
exists,
may
request
an
inspection
21
by
giving
notice
to
the
commissioner
or
the
commissioner’s
22
authorized
representative
of
such
violation
or
danger.
Any
23
such
notice
shall
be
reduced
to
writing,
shall
set
forth
24
with
reasonable
particularity
the
grounds
for
the
notice,
25
and
shall
be
signed
by
the
employees
or
authorized
employee
26
representative,
and
a
copy
shall
be
provided
the
employer
or
27
the
employer’s
agent
no
later
than
at
the
time
of
inspection,
28
except
that
upon
the
request
of
the
person
giving
such
notice
29
the
person’s
identifying
information
and
the
identifying
30
information
of
individual
employees
referred
to
in
the
notice
31
shall
not
appear
in
such
copy
or
on
any
record
published,
32
released,
or
made
available.
If,
upon
receipt
of
such
33
notification,
the
commissioner
determines
that
there
are
34
reasonable
grounds
to
believe
that
such
violation
or
danger
35
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703
exists,
the
commissioner
shall
make
a
special
inspection
in
1
accordance
with
the
provisions
of
this
section
as
soon
as
2
practicable,
to
determine
if
such
violation
or
danger
exists.
3
The
commissioner
shall
prioritize
special
inspections
relating
4
to
possible
violations
of
standards
promulgated
pursuant
to
5
section
88.5,
subsection
12.
If
the
commissioner
determines
6
that
there
are
no
reasonable
grounds
to
believe
that
a
7
violation
or
danger
exists,
the
commissioner
shall
notify
the
8
employees
or
authorized
employee
representative
in
writing
9
of
such
determination.
For
purposes
of
this
subsection
,
10
“identifying
information”
means
specific
personal
information
11
including,
but
not
limited
to,
the
person’s
name,
home
address,
12
telephone
number,
social
security
number,
and
handwriting
and
13
language
idiosyncrasies.
In
circumstances
when
the
release
of
14
any
fact
may
be
used
to
identify
the
person,
that
fact
shall
15
not
be
released.
16
Sec.
3.
EMERGENCY
RULES.
The
labor
commissioner
shall
adopt
17
emergency
rules
under
section
17A.4,
subsection
3,
and
section
18
17A.5,
subsection
2,
paragraph
“b”,
to
promulgate
standards
19
required
pursuant
to
section
88.5,
subsection
12,
as
enacted
by
20
this
Act,
relating
to
COVID-19,
as
defined
in
section
686D.2,
21
and
the
rules
shall
be
effective
immediately
upon
filing
unless
22
a
later
date
is
specified
in
the
rules.
Any
rules
adopted
23
in
accordance
with
this
section
shall
also
be
published
as
a
24
notice
of
intended
action
as
provided
in
section
17A.4.
25
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
26
importance,
takes
effect
upon
enactment.
27
EXPLANATION
28
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
29
the
explanation’s
substance
by
the
members
of
the
general
assembly.
30
This
bill
provides
for
standards
for
mitigation
of
31
infectious
disease
under
the
state
occupational
health
and
32
safety
law,
Code
chapter
88.
33
The
bill
requires
the
labor
commissioner
to
promulgate
34
standards
for
mitigation
of
medical
emergencies
relating
to
35
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2148YH
(2)
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2/
3
H.F.
703
infectious
disease,
including
but
not
limited
to
COVID-19.
1
The
standards
shall
apply
to
all
industries
but
may
include
2
industry-specific
standards.
The
standards
shall
specifically
3
address
necessary
personal
protective
equipment
to
be
provided
4
to
employees.
Such
standards
shall
minimize
to
the
greatest
5
extent
possible
hazardous
situations
likely
to
cause
employee
6
exposure
to
infectious
disease.
7
The
bill
requires
the
commission
to
prioritize
special
8
inspections
relating
to
possible
violations
of
standards
9
promulgated
as
required
by
the
bill.
10
The
bill
requires
the
commissioner
to
adopt
emergency
rules
11
to
promulgate
standards
as
required
by
the
bill
relating
to
12
COVID-19.
13
Violations
of
Code
chapter
88
are
subject
to
civil
penalties
14
in
amounts
not
to
exceed
maximum
amounts
set
by
federal
15
law.
Any
employer
who
willfully
violates
any
standard,
rule,
16
or
order
promulgated
pursuant
to
Code
section
88.5,
or
of
17
any
regulations
prescribed
pursuant
to
Code
chapter
88,
if
18
the
violation
caused
death
to
any
employee,
is
guilty
of
a
19
serious
misdemeanor
for
a
first
conviction
and
an
aggravated
20
misdemeanor
for
a
subsequent
conviction.
A
serious
misdemeanor
21
is
punishable
by
confinement
for
no
more
than
one
year
and
a
22
fine
of
at
least
$430
but
not
more
than
$2,560.
An
aggravated
23
misdemeanor
is
punishable
by
confinement
for
no
more
than
two
24
years
and
a
fine
of
at
least
$855
but
not
more
than
$8,540.
25
The
bill
takes
effect
upon
enactment.
26
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