S.F. _____ Section 1. NEW SECTION . 88C.1 Definitions. 1 For purposes of this chapter, unless the context otherwise 2 requires: 3 1. “Employee” means the same as defined in chapter 88. 4 2. “Employer” means the same as defined in chapter 88. 5 3. “Government” means any of the following: 6 a. The state of Iowa or a political subdivision of the 7 state. 8 b. Any agency of the state or of a political subdivision of 9 the state, including but not limited to a department, bureau, 10 board, authority, instrumentality, or court. 11 c. Any government official. 12 d. Any private party or third party suing under or enforcing 13 a law, ordinance, rule, or regulation of the state or a 14 political subdivision of the state. 15 4. “Government official” means any individual employed by 16 the government, acting as an agent, contractor, or officer of 17 the government, or otherwise acting pursuant to state law. 18 “Government official” includes a private individual acting 19 pursuant to state law. 20 Sec. 2. NEW SECTION . 88C.2 Workplace inspections —— 21 limitation on nonemployee representatives. 22 1. Notwithstanding 29 C.F.R. §1903.8(c), or any 23 other rule, regulation, or interpretation of the federal 24 Occupational Safety and Health Act of 1970, no government 25 official authorized under the occupational safety and health 26 administration of the United States department of labor, 27 including as authorized under the state’s workplace safety 28 and health program authorized by chapter 88, 29 C.F.R. §1952, 29 or any other applicable federal and state law, to conduct 30 workplace inspections, or otherwise act as a compliance safety 31 and health officer, shall be permitted to select an individual 32 as a representative authorized by an employee if the individual 33 is not an employee of the employer. However, a government 34 official may select an individual who is not an employee of the 35 -1- LSB 5587XC (3) 90 je/js 1/ 5

S.F. _____ employer as a representative if good cause is shown that all 1 of the following apply: 2 a. The nonemployee representative possesses 3 industry-specific and applicable expertise and experience in 4 reducing worker illness, injury, or death, and either of the 5 following apply: 6 (1) The nonemployee representative possesses 7 industry-specific and applicable technical education, 8 expertise, and experience essential to an effective and 9 thorough physical inspection of the workplace. 10 (2) The nonemployee representative possesses specific 11 and applicable language skills essential to an effective and 12 thorough physical inspection of the workplace. 13 b. The nonemployee representative is unlikely to interfere 14 with a fair and orderly physical inspection of the workplace. 15 c. The nonemployee representative is not reasonably known 16 to be employed by, affiliated with, or under contract with 17 a competitor of the employer and is not likely to encounter 18 proprietary information or trade secrets of the employer during 19 the inspection. 20 2. The credentials of a nonemployee representative shall be 21 documented in writing and provided to the employer prior to the 22 opening conference of the physical inspection. 23 3. An employer shall not be required to pay for the services 24 of a nonemployee representative. 25 4. An employer may require a warrant as provided under state 26 or federal law before permitting the entry of a nonemployee 27 representative or continued participation of a nonemployee 28 representative in an inspection. 29 Sec. 3. NEW SECTION . 88C.3 Remedies —— penalty. 30 1. An aggrieved employer shall first seek injunctive relief 31 to prevent or remedy a violation of this chapter or the effects 32 of a violation of this chapter. If injunctive relief is 33 granted by the district court and the injunction is thereafter 34 violated, the aggrieved employer may seek any of the following: 35 -2- LSB 5587XC (3) 90 je/js 2/ 5

S.F. _____ a. Compensatory damages for pecuniary and nonpecuniary 1 losses. 2 b. Reasonable attorney fees and other litigation costs. 3 c. Any other appropriate relief. 4 2. Notwithstanding subsection 1, only declaratory relief 5 and injunctive relief shall be available against an individual 6 who is not a government official. 7 3. Notwithstanding section 17A.19, subsection 1, an action 8 under this chapter may be commenced, and relief may be granted, 9 in district court without regard to whether the aggrieved 10 employer has sought or exhausted available administrative 11 remedies. 12 4. A government official who knowingly violates this 13 chapter, as determined by a preponderance of the evidence, 14 is subject to a civil penalty of not more than ten thousand 15 dollars per violation. The attorney general may bring an 16 action in district court to collect the civil penalty. Civil 17 penalties collected pursuant to this subsection shall be paid 18 to the treasurer of state to be deposited in the general fund 19 of the state. 20 Sec. 4. NEW SECTION . 88C.4 Additional procedures for 21 judicial or administrative proceedings. 22 An employer may assert a violation of this chapter as a 23 claim against the government in any judicial or administrative 24 proceeding or as defense in any judicial or administrative 25 proceeding without regard to whether the proceeding is brought 26 by or in the name of the government or any other party. 27 Sec. 5. Section 669.14, Code 2024, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 17. Any claim subject to chapter 88C. 30 Sec. 6. Section 670.4, subsection 1, Code 2024, is amended 31 by adding the following new paragraph: 32 NEW PARAGRAPH . s. Any claim subject to chapter 88C. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -3- LSB 5587XC (3) 90 je/js 3/ 5

S.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to workplace inspections under the federal 2 and state occupational safety and health laws. 3 The bill provides that no government official authorized 4 under the federal occupational safety and health administration 5 to conduct workplace inspections shall be permitted to select 6 an individual as a representative authorized by an employee 7 if the individual is not an employee of the employer. This 8 prohibition applies notwithstanding the federal Occupational 9 Safety and Health Act of 1970. However, a government 10 official may select an individual who is not an employee 11 of the employer as a representative if good cause is shown 12 that certain criteria specified in the bill apply. The bill 13 defines a government official as any individual employed by 14 the government, acting as an agent, contractor, or officer of 15 the government, or otherwise acting pursuant to state law, 16 including a private individual acting pursuant to state law. 17 If an individual who is not an employee of the employer 18 is selected as a representative, the credentials of the 19 nonemployee representative shall be documented in writing and 20 provided to the employer prior to the opening conference of 21 the physical inspection. Additionally, the employer shall 22 not be required to pay for the services of a nonemployee 23 representative, and the employer may require a warrant as 24 provided under state or federal law before permitting the entry 25 of a nonemployee representative or continued participation of a 26 nonemployee representative in an inspection. 27 The bill permits an aggrieved employer to seek injunctive 28 relief to prevent or remedy a violation of the bill or the 29 effects of a violation of the bill. If injunctive relief is 30 granted by the district court and the injunction is thereafter 31 violated, the aggrieved employer may then seek compensatory 32 damages, reasonable attorney fees and other litigation costs, 33 and any other appropriate relief. However, only declaratory 34 relief and injunctive relief shall be available against an 35 -4- LSB 5587XC (3) 90 je/js 4/ 5

S.F. _____ individual who is not a government official. 1 An action under the bill may be commenced, and relief 2 may be granted, in district court without regard to whether 3 the aggrieved employer has sought or exhausted available 4 administrative remedies. 5 A government official who knowingly violates the bill, as 6 determined by a preponderance of the evidence, is subject to 7 a civil penalty of not more than $10,000 per violation. The 8 attorney general may bring an action in district court to 9 collect the civil penalty. 10 An employer may assert a violation of the bill as a claim 11 against the government, as defined in the bill, in any judicial 12 or administrative proceeding or as defense in any judicial 13 or administrative proceeding without regard to whether the 14 proceeding is brought by or in the name of the government or 15 any other party. 16 Claims under the bill are exempted from the state and 17 municipal tort claims laws. 18 -5- LSB 5587XC (3) 90 je/js 5/ 5