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House File 529 - IntroducedA Bill ForAn Act 1providing for conformity with federal law relating to
2civil penalties for violations of the state occupational
3safety and health law and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 88.14, subsections 1, 2, 3, 4, and 9,
2Code 2017, are amended to read as follows:
31. Willful violations. Any employer who willfully or
4repeatedly violates the requirements of section 88.4, any
5standard, rule, or order adopted or issued pursuant to section
688.5, or rules adopted pursuant to this chapter, may be
7assessed a civil penalty of not less than the minimum penalty
8amount and not more than seventy thousand dollars for each
9violation, but not less than five thousand dollars the maximum
10penalty amount set by the United States department of labor
11pursuant to the federal Occupational Safety and Health Act of
121970, Pub.L. No.91-596, §17, codified at 29 U.S.C. §666, as
13amended, and the federal Bipartisan Budget Act of 2015, Pub.L.
14No.114-74, §701, for each willful violation. The commissioner
15shall adopt rules pursuant to chapter 17A, in accordance with
16this subsection, that contain the minimum and maximum penalty
17amounts for each willful violation.
182. Serious violations. Any employer who has received
19a citation for a serious violation of the requirements of
20section 88.4, of any standard, rule, or order adopted or issued
21pursuant to section 88.5, or of any regulations prescribed
22 rules adopted pursuant to this chapter, shall be assessed a
23civil penalty of up to seven thousand dollars not more than the
24maximum penalty amount set by the United States department of
25labor pursuant to the federal Occupational Safety and Health
26Act of 1970, Pub.L. No.91-596, §17, codified at 29 U.S.C.
27§666, as amended, and the federal Bipartisan Budget Act of
282015, Pub.L. No.114-74, §701, for each such violation. The
29commissioner shall adopt rules pursuant to chapter 17A, in
30accordance with this subsection, that contain the maximum
31penalty amount for each serious violation.
323. Nonserious violations. Any employer who has received a
33citation for a violation of the requirements of section 88.4,
34of any standard, rule, or order adopted or issued pursuant to
35section 88.5, or of rules prescribed adopted pursuant to this
-1-1chapter and the violation is specifically determined not to be
2of a serious nature, may be assessed a civil penalty of up to
3seven thousand dollars not more than the maximum penalty amount
4set by the United States department of labor pursuant to the
5federal Occupational Safety and Health Act of 1970, Pub.L.
6No.91-596, §17, codified at 29 U.S.C. §666, as amended, and
7the federal Bipartisan Budget Act of 2015, Pub.L. No.114-74,
8§701, for each violation. The commissioner shall adopt rules
9pursuant to chapter 17A, in accordance with this subsection,
10that contain the maximum penalty amount for each nonserious
11violation.
124. Failure to correct. Any employer who fails to correct a
13violation for which a citation has been issued under section
1488.7, subsection 1, within the period permitted for its
15correction, may be assessed a civil penalty of not more than
16seven thousand dollars the maximum penalty amount set by the
17United States department of labor pursuant to the federal
18Occupational Safety and Health Act of 1970, Pub.L. No.91-596,
19§17, codified at 29 U.S.C. §666, as amended, and the federal
20Bipartisan Budget Act of 2015, Pub.L. No.114-74, §701, for
21each day during which the failure or violation continues.
22The commissioner shall adopt rules pursuant to chapter 17A,
23in accordance with this subsection, that contain the maximum
24penalty amount for each day during which the failure or
25violation continues. The period for correction shall not
26begin until the date of the final order of the appeal board
27of any review proceeding under section 88.8 initiated by the
28employer in good faith and not solely for delay or avoidance
29of penalties.
309. Violation of posting requirements. Any employer who
31violates any of the posting, reporting, or recordkeeping
32requirements under this chapter, shall be assessed a civil
33penalty of up to seven thousand dollars not more than the
34maximum penalty amount set by the United States department
35of labor pursuant to the federal Occupational Safety and
-2-1Health Act of 1970, Pub.L. No.91-596, §17, codified at 29
2U.S.C. §666, as amended, and the federal Bipartisan Budget
3Act of 2015, Pub.L. No.114-74, §701, for each violation.
4The commissioner shall adopt rules pursuant to chapter 17A,
5in accordance with this subsection, that contain the maximum
6penalty amount for each violation of any of the posting,
7reporting, or recordkeeping requirements under this chapter.
8 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
9immediate importance, takes effect upon enactment.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill strikes references to specific dollar amounts for
14certain civil penalties under Code chapter 88, pertaining to
15occupational safety and health, in order to comply with the
16requirements of the federal Occupational Safety and Health
17Act of 1970, Pub.L. No.91-596, §17, codified at 29 U.S.C.
18§666, as amended, and the federal Bipartisan Budget Act of
192015, Pub.L. No.114-74, §701. These federal laws require
20that the United States department of labor adjust such penalty
21amounts annually and that states conform to the federal penalty
22requirements. Such adjustments are based on changes in the
23federal consumer price index.
24The bill takes effect upon enactment.
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2civil penalties for violations of the state occupational
3safety and health law and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 88.14, subsections 1, 2, 3, 4, and 9,
2Code 2017, are amended to read as follows:
31. Willful violations. Any employer who willfully or
4repeatedly violates the requirements of section 88.4, any
5standard, rule, or order adopted or issued pursuant to section
688.5, or rules adopted pursuant to this chapter, may be
7assessed a civil penalty of not less than the minimum penalty
8amount and not more than seventy thousand dollars for each
9violation, but not less than five thousand dollars the maximum
10penalty amount set by the United States department of labor
11pursuant to the federal Occupational Safety and Health Act of
121970, Pub.L. No.91-596, §17, codified at 29 U.S.C. §666, as
13amended, and the federal Bipartisan Budget Act of 2015, Pub.L.
14No.114-74, §701, for each willful violation. The commissioner
15shall adopt rules pursuant to chapter 17A, in accordance with
16this subsection, that contain the minimum and maximum penalty
17amounts for each willful violation.
182. Serious violations. Any employer who has received
19a citation for a serious violation of the requirements of
20section 88.4, of any standard, rule, or order adopted or issued
21pursuant to section 88.5, or of any regulations prescribed
22 rules adopted pursuant to this chapter, shall be assessed a
23civil penalty of up to seven thousand dollars not more than the
24maximum penalty amount set by the United States department of
25labor pursuant to the federal Occupational Safety and Health
26Act of 1970, Pub.L. No.91-596, §17, codified at 29 U.S.C.
27§666, as amended, and the federal Bipartisan Budget Act of
282015, Pub.L. No.114-74, §701, for each such violation. The
29commissioner shall adopt rules pursuant to chapter 17A, in
30accordance with this subsection, that contain the maximum
31penalty amount for each serious violation.
323. Nonserious violations. Any employer who has received a
33citation for a violation of the requirements of section 88.4,
34of any standard, rule, or order adopted or issued pursuant to
35section 88.5, or of rules prescribed adopted pursuant to this
-1-1chapter and the violation is specifically determined not to be
2of a serious nature, may be assessed a civil penalty of up to
3seven thousand dollars not more than the maximum penalty amount
4set by the United States department of labor pursuant to the
5federal Occupational Safety and Health Act of 1970, Pub.L.
6No.91-596, §17, codified at 29 U.S.C. §666, as amended, and
7the federal Bipartisan Budget Act of 2015, Pub.L. No.114-74,
8§701, for each violation. The commissioner shall adopt rules
9pursuant to chapter 17A, in accordance with this subsection,
10that contain the maximum penalty amount for each nonserious
11violation.
124. Failure to correct. Any employer who fails to correct a
13violation for which a citation has been issued under section
1488.7, subsection 1, within the period permitted for its
15correction, may be assessed a civil penalty of not more than
16seven thousand dollars the maximum penalty amount set by the
17United States department of labor pursuant to the federal
18Occupational Safety and Health Act of 1970, Pub.L. No.91-596,
19§17, codified at 29 U.S.C. §666, as amended, and the federal
20Bipartisan Budget Act of 2015, Pub.L. No.114-74, §701, for
21each day during which the failure or violation continues.
22The commissioner shall adopt rules pursuant to chapter 17A,
23in accordance with this subsection, that contain the maximum
24penalty amount for each day during which the failure or
25violation continues. The period for correction shall not
26begin until the date of the final order of the appeal board
27of any review proceeding under section 88.8 initiated by the
28employer in good faith and not solely for delay or avoidance
29of penalties.
309. Violation of posting requirements. Any employer who
31violates any of the posting, reporting, or recordkeeping
32requirements under this chapter, shall be assessed a civil
33penalty of up to seven thousand dollars not more than the
34maximum penalty amount set by the United States department
35of labor pursuant to the federal Occupational Safety and
-2-1Health Act of 1970, Pub.L. No.91-596, §17, codified at 29
2U.S.C. §666, as amended, and the federal Bipartisan Budget
3Act of 2015, Pub.L. No.114-74, §701, for each violation.
4The commissioner shall adopt rules pursuant to chapter 17A,
5in accordance with this subsection, that contain the maximum
6penalty amount for each violation of any of the posting,
7reporting, or recordkeeping requirements under this chapter.
8 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
9immediate importance, takes effect upon enactment.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill strikes references to specific dollar amounts for
14certain civil penalties under Code chapter 88, pertaining to
15occupational safety and health, in order to comply with the
16requirements of the federal Occupational Safety and Health
17Act of 1970, Pub.L. No.91-596, §17, codified at 29 U.S.C.
18§666, as amended, and the federal Bipartisan Budget Act of
192015, Pub.L. No.114-74, §701. These federal laws require
20that the United States department of labor adjust such penalty
21amounts annually and that states conform to the federal penalty
22requirements. Such adjustments are based on changes in the
23federal consumer price index.
24The bill takes effect upon enactment.
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