SF 2100 (LSB 5534XS (4) 90)

SENATE FILE 2100

BY  BOULTON

A BILL FOR

An Act relating to workers’ compensation benefits involving violations of occupational safety and health or child labor laws, providing penalties, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  85.15  Child labor and occupational safety and health violations —— penalties.
   If an injury or death for which benefits are payable under chapter 10A, subchapter III, this chapter, or chapter 85A or 85B occurred in the course of employment in which the employer is found to be in violation of chapter 88, or the employee is found to have performed work for which the employee was not of permitted age under chapter 92, the workers’ compensation commissioner shall award benefits, in addition to the benefits otherwise payable under chapter 10A, subchapter III, this chapter, or chapter 85A or 85B, in an amount equal to one hundred percent of the amount of such benefits that are otherwise payable. Additionally, the employer shall be subject to a civil penalty of five thousand dollars. The workers’ compensation commissioner shall collect the penalty and deposit the moneys in the second injury fund. The workers’ compensation commissioner shall award such additional benefits and collect such penalty upon a finding of a violation of chapter 88 or 92 as provided in those chapters and the conclusion of applicable periods for judicial review.
    Sec. 2.  APPLICABILITY.  This Act applies to injuries occurring on or after the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that when an injury for which workers’ compensation benefits would be payable occurs in the course of employment in which the employer is found to be in violation of Code chapter 88 (occupational safety and health), or the employee is found to have performed work for which the employee was not of permitted age under Code chapter 92 (child labor), the workers’ compensation commissioner shall increase the amount of benefits awarded by 100 percent. The employer shall also be subject to a civil penalty of $5,000, to be collected by the workers’ compensation commissioner and deposited in the second injury fund.
   The bill applies to injuries occurring on or after the effective date of the bill.