Senate
Study
Bill
3104
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
WORKFORCE
BILL
BY
CHAIRPERSON
DICKEY)
A
BILL
FOR
An
Act
providing
for
limitations
on
workplace
inspections
under
1
the
federal
and
state
occupational
safety
and
health
laws
2
and
providing
remedies
and
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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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
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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:
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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
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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
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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.
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