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Senate File 471 - IntroducedA Bill ForAn Act 1relating to occupational safety and health standards,
2employment matters, reporting requirements, and civil
3liability concerning COVID-19, providing penalties and
4remedies, and including effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 88.3, subsection 3, Code 2021, is amended
2to read as follows:
33. “Emergency temporary standards” means any occupational
4safety and health standard or modification thereof which
5has been adopted and promulgated by a nationally recognized
6standards-producing organization under procedures whereby it
7can be determined by the commissioner that persons interested
8and affected by the scope or provisions of the standard
9have reached substantial agreement on its adoption, and was
10formulated in a manner which afforded an opportunity for
11diverse views to be considered or is an emergency temporary
12standard provided by the secretary pursuant to and in
13conformance with the provisions of the federal law. “Emergency
14temporary standards” includes guidance related to COVID-19, as
15defined in section 94.1, provided by the centers for disease
16control and prevention of the federal department of health and
17human services or by the federal occupational safety and health
18administration.
19 Sec. 2. Section 88.5, subsection 5, Code 2021, is amended
20to read as follows:
215. Emergency temporary standards. The commissioner shall
22provide for an emergency temporary standard to take immediate
23effect if the commissioner determines that employees are
24exposed to COVID-19, as defined in section 94.1, or are
25exposed to grave danger from exposure from substances or agents
26determined to be toxic or physically harmful or from new
27hazards and if such emergency temporary standard is necessary
28to protect the employees from such danger. Such emergency
29standard shall cease to be effective and shall no longer
30be applicable after the lapse of six months following the
31effective date thereof unless the commissioner has initiated
32the procedures provided for under this chapter, for the purpose
33of promulgating a permanent standard as provided in subsection
341 of this section in which case the emergency temporary
35standard will remain in effect until the permanent standard is
-1-1adopted and becomes effective. Abandonment of the procedure
2for such promulgation by the commissioner shall terminate the
3effectiveness and applicability of the emergency temporary
4standard.
5 Sec. 3. NEW SECTION. 94.1 Definitions.
6As used in this chapter, unless the context otherwise
7requires:
81. “COVID-19” means the novel coronavirus identified
9as SARS-CoV-2, the disease caused by the novel coronavirus
10SARS-CoV-2 or a virus mutating therefrom, and conditions
11associated with the disease caused by the novel coronavirus
12SARS-CoV-2 or a virus mutating therefrom.
132. “Employee” means a natural person who is employed in this
14state for wages by an employer.
153. “Employer” means a person, as defined in chapter 4, who
16in this state employs for wages a natural person.
17 Sec. 4. NEW SECTION. 94.2 Employee reporting of COVID-19 —
18right to avoid exposure.
191. An employer shall not discharge or in any manner
20discriminate against an employee because the employee has
21filed a complaint or instituted or caused to be instituted a
22proceeding under or related to any condition of employment
23that the employee believes to pose an undue risk of a COVID-19
24infection or has testified or is about to testify in any such
25proceeding or because of the exercise by the employee on behalf
26of the employee or others of a right afforded by this chapter.
272. An employer shall not discharge or in any manner
28discriminate against an employee because the employee, with no
29reasonable alternative, refuses in good faith to be exposed to
30COVID-19, provided that all of the following apply:
31a. The employee, where possible, has first sought a
32correction of the dangerous condition through resort to
33regular statutory enforcement channels, unless there has been
34insufficient time due to the urgency of the situation.
35b. The employee has sought a correction of the dangerous
-2-1condition from the employer and been unable to obtain such a
2correction.
3 Sec. 5. NEW SECTION. 94.3 Mandatory employer reporting —
4confidentiality.
51. An employer shall do all of the following:
6a. Report every positive case of COVID-19 of an employee
7to all other employees who work on the premises and all other
8individuals directly or indirectly invited onto the premises.
9b. Report every positive case of COVID-19 of an employee to
10the local health department and the Iowa department of public
11health.
122. Reports pursuant to this section shall not include
13identifying information about an employee. Reports pursuant
14to this section shall not include health information about an
15employee except as specifically provided in subsection 1.
16 Sec. 6. NEW SECTION. 94.4 Mandatory school reporting.
17A school district or accredited nonpublic school shall
18report every student’s positive case of COVID-19 to the local
19health department and the Iowa department of public health.
20Any records provided by a school district or accredited
21nonpublic school pursuant to this subsection shall be kept
22confidential and shall not contain any personally identifying
23information.
24 Sec. 7. NEW SECTION. 94.5 Civil penalty.
25An employer violating section 94.2 or 94.3 shall be assessed
26a civil penalty of one thousand dollars per violation and, if
27applicable, shall reinstate the employee with back pay, pay
28the employee front pay equal to the total amount of back pay,
29and reimburse the employee for the employee’s court costs and
30attorney fees.
31 Sec. 8. REPEAL. Chapter 686D, Code 2021, is repealed.
32 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate
33importance, takes effect upon enactment.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-3-1the explanation’s substance by the members of the general assembly.
2This bill requires the labor commissioner to provide for
3emergency temporary standards for occupational safety and
4health if the commissioner determines that employees are
5exposed to COVID-19.
6The bill prohibits an employer from discharging or in any
7manner discriminating against an employee because the employee
8has filed a complaint or instituted or caused to be instituted
9a proceeding under or related to any condition of employment
10that the employee believes to pose an undue risk of a COVID-19
11infection or has testified or is about to testify in any such
12proceeding or because of the exercise by the employee on behalf
13of the employee or others of a right afforded by the bill.
14The bill prohibits an employer from discharging or in any
15manner discriminating against an employee because the employee,
16with no reasonable alternative, refuses in good faith to
17be exposed to COVID-19. The bill requires an employee to
18first seek a correction to a dangerous condition in certain
19circumstances.
20The bill requires an employer to report every positive case
21of COVID-19 of an employee to all other employees who work on
22the premises, all other individuals directly or indirectly
23invited onto the premises, the local health department, and
24the Iowa department of public health. Such reports shall not
25include identifying information about an employee or health
26information not required by the bill.
27An employer violating the applicable requirements of the
28bill shall be assessed a civil penalty of $1,000 per violation
29and, if applicable, shall reinstate the employee with back pay,
30pay the employee front pay equal to the total amount of back
31pay, and reimburse the employee for the employee’s court costs
32and attorney fees.
33The bill requires a school district or accredited nonpublic
34school to report every positive case of COVID-19 of a student
35to the local health department and the Iowa department of
-4-1public health.
2The bill repeals Code chapter 686D, which provides standards
3for civil liability relating to COVID-19 for premises owners;
4health care providers; persons who design, manufacture, label,
5sell, distribute, or donate certain materials relating to
6COVID-19; and persons generally.
7The bill takes effect upon enactment.
-5-je/rn
2employment matters, reporting requirements, and civil
3liability concerning COVID-19, providing penalties and
4remedies, and including effective date provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 88.3, subsection 3, Code 2021, is amended
2to read as follows:
33. “Emergency temporary standards” means any occupational
4safety and health standard or modification thereof which
5has been adopted and promulgated by a nationally recognized
6standards-producing organization under procedures whereby it
7can be determined by the commissioner that persons interested
8and affected by the scope or provisions of the standard
9have reached substantial agreement on its adoption, and was
10formulated in a manner which afforded an opportunity for
11diverse views to be considered or is an emergency temporary
12standard provided by the secretary pursuant to and in
13conformance with the provisions of the federal law. “Emergency
14temporary standards” includes guidance related to COVID-19, as
15defined in section 94.1, provided by the centers for disease
16control and prevention of the federal department of health and
17human services or by the federal occupational safety and health
18administration.
19 Sec. 2. Section 88.5, subsection 5, Code 2021, is amended
20to read as follows:
215. Emergency temporary standards. The commissioner shall
22provide for an emergency temporary standard to take immediate
23effect if the commissioner determines that employees are
24exposed to COVID-19, as defined in section 94.1, or are
25exposed to grave danger from exposure from substances or agents
26determined to be toxic or physically harmful or from new
27hazards and if such emergency temporary standard is necessary
28to protect the employees from such danger. Such emergency
29standard shall cease to be effective and shall no longer
30be applicable after the lapse of six months following the
31effective date thereof unless the commissioner has initiated
32the procedures provided for under this chapter, for the purpose
33of promulgating a permanent standard as provided in subsection
341 of this section in which case the emergency temporary
35standard will remain in effect until the permanent standard is
-1-1adopted and becomes effective. Abandonment of the procedure
2for such promulgation by the commissioner shall terminate the
3effectiveness and applicability of the emergency temporary
4standard.
5 Sec. 3. NEW SECTION. 94.1 Definitions.
6As used in this chapter, unless the context otherwise
7requires:
81. “COVID-19” means the novel coronavirus identified
9as SARS-CoV-2, the disease caused by the novel coronavirus
10SARS-CoV-2 or a virus mutating therefrom, and conditions
11associated with the disease caused by the novel coronavirus
12SARS-CoV-2 or a virus mutating therefrom.
132. “Employee” means a natural person who is employed in this
14state for wages by an employer.
153. “Employer” means a person, as defined in chapter 4, who
16in this state employs for wages a natural person.
17 Sec. 4. NEW SECTION. 94.2 Employee reporting of COVID-19 —
18right to avoid exposure.
191. An employer shall not discharge or in any manner
20discriminate against an employee because the employee has
21filed a complaint or instituted or caused to be instituted a
22proceeding under or related to any condition of employment
23that the employee believes to pose an undue risk of a COVID-19
24infection or has testified or is about to testify in any such
25proceeding or because of the exercise by the employee on behalf
26of the employee or others of a right afforded by this chapter.
272. An employer shall not discharge or in any manner
28discriminate against an employee because the employee, with no
29reasonable alternative, refuses in good faith to be exposed to
30COVID-19, provided that all of the following apply:
31a. The employee, where possible, has first sought a
32correction of the dangerous condition through resort to
33regular statutory enforcement channels, unless there has been
34insufficient time due to the urgency of the situation.
35b. The employee has sought a correction of the dangerous
-2-1condition from the employer and been unable to obtain such a
2correction.
3 Sec. 5. NEW SECTION. 94.3 Mandatory employer reporting —
4confidentiality.
51. An employer shall do all of the following:
6a. Report every positive case of COVID-19 of an employee
7to all other employees who work on the premises and all other
8individuals directly or indirectly invited onto the premises.
9b. Report every positive case of COVID-19 of an employee to
10the local health department and the Iowa department of public
11health.
122. Reports pursuant to this section shall not include
13identifying information about an employee. Reports pursuant
14to this section shall not include health information about an
15employee except as specifically provided in subsection 1.
16 Sec. 6. NEW SECTION. 94.4 Mandatory school reporting.
17A school district or accredited nonpublic school shall
18report every student’s positive case of COVID-19 to the local
19health department and the Iowa department of public health.
20Any records provided by a school district or accredited
21nonpublic school pursuant to this subsection shall be kept
22confidential and shall not contain any personally identifying
23information.
24 Sec. 7. NEW SECTION. 94.5 Civil penalty.
25An employer violating section 94.2 or 94.3 shall be assessed
26a civil penalty of one thousand dollars per violation and, if
27applicable, shall reinstate the employee with back pay, pay
28the employee front pay equal to the total amount of back pay,
29and reimburse the employee for the employee’s court costs and
30attorney fees.
31 Sec. 8. REPEAL. Chapter 686D, Code 2021, is repealed.
32 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate
33importance, takes effect upon enactment.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-3-1the explanation’s substance by the members of the general assembly.
2This bill requires the labor commissioner to provide for
3emergency temporary standards for occupational safety and
4health if the commissioner determines that employees are
5exposed to COVID-19.
6The bill prohibits an employer from discharging or in any
7manner discriminating against an employee because the employee
8has filed a complaint or instituted or caused to be instituted
9a proceeding under or related to any condition of employment
10that the employee believes to pose an undue risk of a COVID-19
11infection or has testified or is about to testify in any such
12proceeding or because of the exercise by the employee on behalf
13of the employee or others of a right afforded by the bill.
14The bill prohibits an employer from discharging or in any
15manner discriminating against an employee because the employee,
16with no reasonable alternative, refuses in good faith to
17be exposed to COVID-19. The bill requires an employee to
18first seek a correction to a dangerous condition in certain
19circumstances.
20The bill requires an employer to report every positive case
21of COVID-19 of an employee to all other employees who work on
22the premises, all other individuals directly or indirectly
23invited onto the premises, the local health department, and
24the Iowa department of public health. Such reports shall not
25include identifying information about an employee or health
26information not required by the bill.
27An employer violating the applicable requirements of the
28bill shall be assessed a civil penalty of $1,000 per violation
29and, if applicable, shall reinstate the employee with back pay,
30pay the employee front pay equal to the total amount of back
31pay, and reimburse the employee for the employee’s court costs
32and attorney fees.
33The bill requires a school district or accredited nonpublic
34school to report every positive case of COVID-19 of a student
35to the local health department and the Iowa department of
-4-1public health.
2The bill repeals Code chapter 686D, which provides standards
3for civil liability relating to COVID-19 for premises owners;
4health care providers; persons who design, manufacture, label,
5sell, distribute, or donate certain materials relating to
6COVID-19; and persons generally.
7The bill takes effect upon enactment.
-5-je/rn