Bill Summary – FastDemocracy

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