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House File 529 - EnrolledAn Actproviding for conformity with federal law relating to
civil penalties for violations of the state occupational
safety and health law and including effective date
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 88.14, subsections 1, 2, 3, 4, and 9,
Code 2017, are amended to read as follows:
1. Willful violations. Any employer who willfully or
repeatedly violates the requirements of section 88.4, any
standard, rule, or order adopted or issued pursuant to section
88.5, or rules adopted pursuant to this chapter, may be
assessed a civil penalty of not less than the minimum penalty
amount and not more than seventy thousand dollars for each
violation, but not less than five thousand dollars the maximum
penalty amount set by the United States department of labor
pursuant to the federal Occupational Safety and Health Act of
1970, Pub.L. No.91-596, §17, codified at 29 U.S.C. §666, as
amended, and the federal Bipartisan Budget Act of 2015, Pub.L.
No.114-74, §701, for each willful violation. The commissioner
shall adopt rules pursuant to chapter 17A, in accordance with
this subsection, that contain the minimum and maximum penalty
amounts for each willful violation.
2. Serious violations. Any employer who has received
a citation for a serious violation of the requirements of
section 88.4, of any standard, rule, or order adopted or issued
pursuant to section 88.5, or of any regulations prescribed
rules adopted pursuant to this chapter, shall be assessed a
civil penalty of up to seven thousand dollars not more than the
maximum penalty amount set by the United States department of
labor pursuant to the federal Occupational Safety and Health
Act of 1970, Pub.L. No.91-596, §17, codified at 29 U.S.C.
§666, as amended, and the federal Bipartisan Budget Act of
2015, Pub.L. No.114-74, §701, for each such violation. The
commissioner shall adopt rules pursuant to chapter 17A, in
accordance with this subsection, that contain the maximum
penalty amount for each serious violation.
3. Nonserious violations. Any employer who has received a
citation for a violation of the requirements of section 88.4,
of any standard, rule, or order adopted or issued pursuant to
section 88.5, or of rules prescribed adopted pursuant to this
-1-chapter and the violation is specifically determined not to be
of a serious nature, may be assessed a civil penalty of up to
seven thousand dollars not more than the maximum penalty amount
set by the United States department of labor pursuant to the
federal Occupational Safety and Health Act of 1970, Pub.L.
No.91-596, §17, codified at 29 U.S.C. §666, as amended, and
the federal Bipartisan Budget Act of 2015, Pub.L. No.114-74,
§701, for each violation. The commissioner shall adopt rules
pursuant to chapter 17A, in accordance with this subsection,
that contain the maximum penalty amount for each nonserious
violation.
4. Failure to correct. Any employer who fails to correct a
violation for which a citation has been issued under section
88.7, subsection 1, within the period permitted for its
correction, may be assessed a civil penalty of not more than
seven thousand dollars the maximum penalty amount set by the
United States department of labor pursuant to the federal
Occupational Safety and Health Act of 1970, Pub.L. No.91-596,
§17, codified at 29 U.S.C. §666, as amended, and the federal
Bipartisan Budget Act of 2015, Pub.L. No.114-74, §701, for
each day during which the failure or violation continues.
The commissioner shall adopt rules pursuant to chapter 17A,
in accordance with this subsection, that contain the maximum
penalty amount for each day during which the failure or
violation continues. The period for correction shall not
begin until the date of the final order of the appeal board
of any review proceeding under section 88.8 initiated by the
employer in good faith and not solely for delay or avoidance
of penalties.
9. Violation of posting requirements. Any employer who
violates any of the posting, reporting, or recordkeeping
requirements under this chapter, shall be assessed a civil
penalty of up to seven thousand dollars not more than the
maximum penalty amount set by the United States department
of labor pursuant to the federal Occupational Safety and
-2-Health Act of 1970, Pub.L. No.91-596, §17, codified at 29
U.S.C. §666, as amended, and the federal Bipartisan Budget
Act of 2015, Pub.L. No.114-74, §701, for each violation.
The commissioner shall adopt rules pursuant to chapter 17A,
in accordance with this subsection, that contain the maximum
penalty amount for each violation of any of the posting,
reporting, or recordkeeping requirements under this chapter.
Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
immediate importance, takes effect upon enactment.
______________________________
LINDA UPMEYERSpeaker of the House______________________________
JACK WHITVERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 529, Eighty-seventh General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2017______________________________
TERRY E. BRANSTADGovernorje/rj
civil penalties for violations of the state occupational
safety and health law and including effective date
provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 88.14, subsections 1, 2, 3, 4, and 9,
Code 2017, are amended to read as follows:
1. Willful violations. Any employer who willfully or
repeatedly violates the requirements of section 88.4, any
standard, rule, or order adopted or issued pursuant to section
88.5, or rules adopted pursuant to this chapter, may be
assessed a civil penalty of not less than the minimum penalty
amount and not more than seventy thousand dollars for each
violation, but not less than five thousand dollars the maximum
penalty amount set by the United States department of labor
pursuant to the federal Occupational Safety and Health Act of
1970, Pub.L. No.91-596, §17, codified at 29 U.S.C. §666, as
amended, and the federal Bipartisan Budget Act of 2015, Pub.L.
No.114-74, §701, for each willful violation. The commissioner
shall adopt rules pursuant to chapter 17A, in accordance with
this subsection, that contain the minimum and maximum penalty
amounts for each willful violation.
2. Serious violations. Any employer who has received
a citation for a serious violation of the requirements of
section 88.4, of any standard, rule, or order adopted or issued
pursuant to section 88.5, or of any regulations prescribed
rules adopted pursuant to this chapter, shall be assessed a
civil penalty of up to seven thousand dollars not more than the
maximum penalty amount set by the United States department of
labor pursuant to the federal Occupational Safety and Health
Act of 1970, Pub.L. No.91-596, §17, codified at 29 U.S.C.
§666, as amended, and the federal Bipartisan Budget Act of
2015, Pub.L. No.114-74, §701, for each such violation. The
commissioner shall adopt rules pursuant to chapter 17A, in
accordance with this subsection, that contain the maximum
penalty amount for each serious violation.
3. Nonserious violations. Any employer who has received a
citation for a violation of the requirements of section 88.4,
of any standard, rule, or order adopted or issued pursuant to
section 88.5, or of rules prescribed adopted pursuant to this
-1-chapter and the violation is specifically determined not to be
of a serious nature, may be assessed a civil penalty of up to
seven thousand dollars not more than the maximum penalty amount
set by the United States department of labor pursuant to the
federal Occupational Safety and Health Act of 1970, Pub.L.
No.91-596, §17, codified at 29 U.S.C. §666, as amended, and
the federal Bipartisan Budget Act of 2015, Pub.L. No.114-74,
§701, for each violation. The commissioner shall adopt rules
pursuant to chapter 17A, in accordance with this subsection,
that contain the maximum penalty amount for each nonserious
violation.
4. Failure to correct. Any employer who fails to correct a
violation for which a citation has been issued under section
88.7, subsection 1, within the period permitted for its
correction, may be assessed a civil penalty of not more than
seven thousand dollars the maximum penalty amount set by the
United States department of labor pursuant to the federal
Occupational Safety and Health Act of 1970, Pub.L. No.91-596,
§17, codified at 29 U.S.C. §666, as amended, and the federal
Bipartisan Budget Act of 2015, Pub.L. No.114-74, §701, for
each day during which the failure or violation continues.
The commissioner shall adopt rules pursuant to chapter 17A,
in accordance with this subsection, that contain the maximum
penalty amount for each day during which the failure or
violation continues. The period for correction shall not
begin until the date of the final order of the appeal board
of any review proceeding under section 88.8 initiated by the
employer in good faith and not solely for delay or avoidance
of penalties.
9. Violation of posting requirements. Any employer who
violates any of the posting, reporting, or recordkeeping
requirements under this chapter, shall be assessed a civil
penalty of up to seven thousand dollars not more than the
maximum penalty amount set by the United States department
of labor pursuant to the federal Occupational Safety and
-2-Health Act of 1970, Pub.L. No.91-596, §17, codified at 29
U.S.C. §666, as amended, and the federal Bipartisan Budget
Act of 2015, Pub.L. No.114-74, §701, for each violation.
The commissioner shall adopt rules pursuant to chapter 17A,
in accordance with this subsection, that contain the maximum
penalty amount for each violation of any of the posting,
reporting, or recordkeeping requirements under this chapter.
Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of
immediate importance, takes effect upon enactment.
______________________________
LINDA UPMEYERSpeaker of the House______________________________
JACK WHITVERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 529, Eighty-seventh General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2017______________________________
TERRY E. BRANSTADGovernorje/rj