House File 122 - IntroducedA Bill ForAn Act 1providing for standards for mitigation of infectious
2disease under the state occupational health and safety law,
3making penalties applicable, and including effective date
1   Section 1.  Section 88.5, Code 2023, is amended by adding the
2following new subsection:
3   NEW SUBSECTION.  12.  Infectious disease.  The commissioner
4shall promulgate standards for mitigation of medical
5emergencies relating to infectious disease, including but
6not limited to COVID-19 as defined in section 686D.2. The
7standards shall apply to all industries but may include
8industry-specific standards as deemed appropriate by the
9commissioner. The standards shall specifically address
10personal protective equipment to be provided to employees.
11Such standards shall minimize to the greatest extent possible
12hazardous situations likely to cause employee exposure to
13infectious disease, including but not limited to employees
14working in close proximity without proper protective equipment
15and safety procedures.
16   Sec. 2.  Section 88.6, subsection 5, Code 2023, is amended
17to read as follows:
   185.  Special inspections.  Any employees or authorized
19employee representative who believes that a violation of a
20safety or health standard exists that threatens physical harm,
21or that an imminent danger exists, may request an inspection
22by giving notice to the commissioner or the commissioner’s
23authorized representative of such violation or danger. Any
24such notice shall be reduced to writing, shall set forth
25with reasonable particularity the grounds for the notice,
26and shall be signed by the employees or authorized employee
27representative, and a copy shall be provided the employer or
28the employer’s agent no later than at the time of inspection,
29except that upon the request of the person giving such notice
30the person’s identifying information and the identifying
31information of individual employees referred to in the notice
32shall not appear in such copy or on any record published,
33released, or made available. If, upon receipt of such
34notification, the commissioner determines that there are
35reasonable grounds to believe that such violation or danger
-1-1exists, the commissioner shall make a special inspection in
2accordance with the provisions of this section as soon as
3practicable, to determine if such violation or danger exists.
 4The commissioner shall prioritize special inspections relating
5to possible violations of standards promulgated pursuant to
6section 88.5, subsection 12.
If the commissioner determines
7that there are no reasonable grounds to believe that a
8violation or danger exists, the commissioner shall notify the
9employees or authorized employee representative in writing
10of such determination. For purposes of this subsection,
11“identifying information” means specific personal information
12including, but not limited to, the person’s name, home address,
13telephone number, social security number, and handwriting and
14language idiosyncrasies. In circumstances when the release of
15any fact may be used to identify the person, that fact shall
16not be released.
17   Sec. 3.  EMERGENCY RULES.  The labor commissioner shall adopt
18emergency rules under section 17A.4, subsection 3, and section
1917A.5, subsection 2, paragraph “b”, to promulgate standards
20required pursuant to section 88.5, subsection 12, as enacted by
21this Act, relating to COVID-19, as defined in section 686D.2,
22and the rules shall be effective immediately upon filing unless
23a later date is specified in the rules. Any rules adopted
24in accordance with this section shall also be published as a
25notice of intended action as provided in section 17A.4.
26   Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of immediate
27importance, takes effect upon enactment.
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
   31This bill provides for standards for mitigation of
32infectious disease under the state occupational health and
33safety law, Code chapter 88.
   34The bill requires the labor commissioner to promulgate
35standards for mitigation of medical emergencies relating to
-2-1infectious disease, including but not limited to COVID-19.
2The standards shall apply to all industries but may include
3industry-specific standards. The standards shall specifically
4address necessary personal protective equipment to be provided
5to employees. Such standards shall minimize to the greatest
6extent possible hazardous situations likely to cause employee
7exposure to infectious disease.
   8The bill requires the commission to prioritize special
9inspections relating to possible violations of standards
10promulgated as required by the bill.
   11The bill requires the commissioner to adopt emergency rules
12to promulgate standards as required by the bill relating to
   14Violations of Code chapter 88 are subject to civil penalties
15in amounts not to exceed maximum amounts set by federal
16law. Any employer who willfully violates any standard, rule,
17or order promulgated pursuant to Code section 88.5, or of
18any regulations prescribed pursuant to Code chapter 88, if
19the violation caused death to any employee, is guilty of a
20serious misdemeanor for a first conviction and an aggravated
21misdemeanor for a subsequent conviction. A serious misdemeanor
22is punishable by confinement for no more than one year and a
23fine of at least $430 but not more than $2,560. An aggravated
24misdemeanor is punishable by confinement for no more than two
25years and a fine of at least $855 but not more than $8,540.
   26The bill takes effect upon enactment.