SF 45 (LSB 1304XS (2) 90)

SENATE FILE 45

BY  ZAUN

A BILL FOR

An Act prohibiting the labor commissioner from implementing, enforcing, or conforming to certain federal occupational safety and health standards relating to COVID-19 and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 88.5, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  12.  Standards relating to COVID-19 —— limitation.  Notwithstanding any other provision of this chapter to the contrary, the commissioner shall not implement, enforce, or conform to any federal occupational safety and health standard relating to COVID-19, as defined in section 686D.2, that would require an employer to do any of the following:
   a.  Determine whether or not an employee or prospective employee has received a COVID-19 vaccine.
   b.  Determine whether or not an employee or prospective employee has received a test for current or past COVID-19 infection or inquire about the results of such a test.
   c.  Conduct a test to determine whether or not an employee or prospective employee has or has ever had a COVID-19 infection.
    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits the labor commissioner from implementing, enforcing, or conforming to any federal occupational safety and health standard relating to COVID-19 that would require an employer to carry out certain actions relating to COVID-19. The actions are determining whether or not an employee or prospective employee has received a COVID-19 vaccine, determining whether or not an employee or prospective employee has received a test for current or past COVID-19 infection or inquiring about the results of such a test, or conducting a test to determine whether or not an employee or prospective employee has or has ever had a COVID-19 infection.
   The bill takes effect upon enactment.