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House
File
742
-
Introduced
HOUSE
FILE
742
BY
CROKEN
A
BILL
FOR
An
Act
establishing
requirements
relating
to
heat
response
in
1
work
areas
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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742
Section
1.
Section
10A.202,
subsection
2,
Code
2025,
is
1
amended
to
read
as
follows:
2
2.
The
department
is
responsible
for
the
administration
of
3
the
laws
of
this
state
under
chapters
88A
,
88B
,
89
,
89A
,
90A
,
4
91A
,
91C
,
91D
,
91E
,
91F,
and
92
,
and
such
other
labor-services
5
duties
assigned
to
the
department
or
director.
6
Sec.
2.
Section
10A.204,
subsection
3,
Code
2025,
is
amended
7
to
read
as
follows:
8
3.
The
director,
in
consultation
with
the
labor
9
commissioner,
shall,
at
the
time
provided
by
law,
make
an
10
annual
report
to
the
governor
setting
forth
in
appropriate
11
form
the
business
and
expense
of
the
division
and
department
12
under
this
subchapter
for
the
preceding
year,
the
number
13
of
remedial
actions
taken
under
chapter
89A
,
the
number
of
14
disputes
or
violations
processed
by
the
division
or
department
15
and
the
disposition
of
the
disputes
or
violations,
and
other
16
matters
pertaining
to
the
division
or
department
under
this
17
subchapter
which
that
are
of
public
interest,
together
with
18
recommendations
for
change
or
amendment
of
the
laws
in
this
19
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91A
,
91C
,
20
91D
,
91E
,
91F,
and
92
,
and
sections
85.67A
and
85.68
,
and
the
21
recommendations,
if
any,
shall
be
transmitted
by
the
governor
22
to
the
first
general
assembly
in
session
after
the
report
is
23
filed.
24
Sec.
3.
NEW
SECTION
.
91F.1
Definitions.
25
As
used
in
this
chapter,
unless
the
context
otherwise
26
requires:
27
1.
“Alternative
cooling
and
control
measures”
means
28
engineering,
work-practice,
administrative,
or
other
controls
29
to
manage
heat,
including
job
rotation,
mechanical
ventilation
30
systems,
misting
equipment,
cooling
vests,
air-cooled
or
31
water-cooled
garments,
and
access
to
recreational
water.
32
2.
“Director”
means
the
director
of
the
department
of
33
inspections,
appeals,
and
licensing.
34
3.
“Drinking
water”
means
potable
water
that
is
safe
to
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drink
and
cool
in
temperature.
1
4.
“Employee”
means
a
natural
person
employed
for
wages
by
2
an
employer
in
this
state.
3
5.
“Employer”
means
a
person
that
employs
for
wages
in
this
4
state.
5
6.
“Heat
index”
means
a
measure
of
how
hot
it
feels
when
6
relative
humidity
is
taken
into
account
along
with
the
actual
7
air
temperature,
which
can
be
extrapolated
from
temperature
and
8
relative
humidity
using
the
national
weather
service
heat
index
9
calculator.
10
Sec.
4.
NEW
SECTION
.
91F.2
Access
to
shaded
areas.
11
1.
An
employer
shall
provide
a
shaded
area
to
an
employee
12
whose
working
conditions
regularly
involve
outside
work
with
13
direct
exposure
to
the
sun.
All
of
the
following
apply
to
a
14
shaded
area:
15
a.
The
area
shall
be
as
close
to
the
employee’s
work
area
16
as
practicable.
17
b.
The
areas
shall
be
outside,
open,
and
exposed
to
air
on
18
at
least
three
sides.
19
c.
The
area
shall
prevent
contributing
heat
sources
from
20
reducing
its
effectiveness.
21
d.
The
area
shall
be
sufficiently
sized
for
the
number
of
22
employees
utilizing
the
area.
23
e.
The
area
shall
be
arranged
in
a
configuration
that
allows
24
employees
to
sit
in
normal
posture.
25
f.
The
area
shall
accommodate
the
removal
and
storage
of
any
26
personal
protective
equipment
during
periods
of
use.
27
2.
If
creating
outdoor
shade
is
demonstrably
infeasible
28
or
unsafe
in
the
work
area,
the
employer
shall
implement
29
alternative
cooling
and
control
measures
that
provide
30
protection
equivalent
to
shade.
31
3.
An
employer
may
provide
cooling
with
an
indoor
mechanical
32
ventilation
system
as
an
alternative
to
outdoor
shade
provided
33
that
the
indoor
space
satisfies
the
requirements
of
subsection
34
1,
paragraphs
“c”
through
“f”
.
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4.
A
shaded
area
need
not
be
provided
between
sunset
and
1
sunrise
or
when
weather
conditions
are
primarily
overcast.
2
Sec.
5.
NEW
SECTION
.
91F.3
Access
to
drinking
water.
3
1.
An
employer
shall
provide
drinking
water
at
no
cost
to
an
4
employee
whose
working
conditions
involve
regular
exposure
to
a
5
heat
index
of
90
degrees
Fahrenheit
or
higher.
The
employer
6
shall
make
available
at
least
thirty-two
ounces
of
drinking
7
water
per
hour
to
each
employee
per
day,
which
shall
be
located
8
as
close
to
the
work
area
as
practicable.
9
2.
An
employer
shall
make
drinking
water
required
under
this
10
section
available
at
all
times
while
an
employee
is
performing
11
work.
12
Sec.
6.
NEW
SECTION
.
91F.4
High-heat
procedures.
13
1.
An
employer
shall
implement
high-heat
procedures
when
14
the
heat
index
reaches
or
exceeds
90
degrees
Fahrenheit
in
an
15
area
where
an
employee
is
performing
work.
16
2.
High-heat
procedures
shall
include
a
work
and
rest
17
schedule
to
protect
employees
from
heat-related
illness
that
is
18
adjusted
for
environmental
conditions,
workload,
and
impact
of
19
required
clothing
or
personal
protective
equipment.
20
3.
High-heat
procedures
shall
include
a
minimum
rest
period
21
of
ten
minutes
for
every
two
hours
worked
when
an
employee
22
is
exposed
to
a
heat
index
above
90
and
below
100
degrees
23
Fahrenheit.
If
an
employee
is
exposed
to
a
heat
index
above
24
100
degrees
Fahrenheit,
high-heat
procedures
shall
instead
25
include
a
minimum
rest
period
of
fifteen
minutes
for
every
hour
26
worked.
27
4.
In
lieu
of
the
requirements
of
subsection
3,
high-heat
28
procedures
may
include
a
rest
period
as
provided
for
in
the
29
current
national
institute
for
occupational
safety
and
health
30
recommendations
for
work
and
rest
schedules
to
manage
heat
31
exposures.
32
5.
a.
Subsections
3
and
4
shall
not
apply
if
an
employer
33
can
demonstrate
effective
heat
management
and
protection
from
34
heat-related
illness
through
alternative
cooling
and
control
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measures.
1
b.
If
an
employer
utilizes
alternative
cooling
and
control
2
measures,
all
of
the
following
shall
apply
to
such
measures:
3
(1)
The
measures
shall
be
readily
available
and
accessible
4
to
employees
at
all
times
they
are
performing
work.
5
(2)
The
measures
shall
be
documented
in
writing.
6
(3)
The
measures
shall
not
supersede
any
other
requirement
7
of
this
chapter.
8
6.
An
employer
may
coincide
rest
periods
under
this
section
9
with
a
scheduled
rest
or
meal
period.
10
7.
An
employer
shall
allow
rest
periods
to
be
taken
in
the
11
shade
in
accordance
with
section
91F.2
if
applicable.
12
8.
An
employer
shall
not
discourage
employees
from
taking
13
rest
breaks
as
needed
to
prevent
heat-related
illness.
14
9.
When
high-heat
procedures
are
in
effect,
an
employer
15
shall
use
regular
communication
and
observation
to
monitor
16
employees
for
signs
of
heat-related
illness.
17
10.
An
employer
shall
make
high-heat
procedures
available
18
in
writing
in
a
language
and
manner
that
all
employees
can
19
understand.
20
Sec.
7.
NEW
SECTION
.
91F.5
Civil
penalty
——
procedures.
21
1.
An
employer
that
violates
this
chapter
shall
be
subject
22
to
a
civil
penalty
of
up
to
five
hundred
dollars
per
violation.
23
2.
The
director
shall
provide
written
notice
to
an
24
employer
prior
to
imposition
of
a
civil
penalty
under
this
25
section.
An
employer
may
contest
and
seek
judicial
review
of
a
26
determination
of
the
director
under
this
chapter
pursuant
to
27
chapter
17A.
28
3.
Upon
a
final
determination
of
the
director
that
an
29
employer
violated
this
chapter
and
the
conclusion
of
the
period
30
for
any
appeals,
the
director
shall
bring
an
action
in
district
31
court
to
collect
the
penalties
provided
in
this
section.
The
32
director
shall
remit
any
penalties
collected
to
the
treasurer
33
of
state
for
deposit
in
the
general
fund.
34
Sec.
8.
NEW
SECTION
.
91F.6
Enforcement
——
rules.
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1.
The
director
shall
enforce
this
chapter.
1
2.
The
director
shall
adopt
rules
pursuant
to
chapter
17A
to
2
administer
this
chapter.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
establishes
requirements
relating
to
heat
response
7
in
work
areas.
8
The
bill
requires
an
employer
to
provide
a
shaded
area
to
9
an
employee
whose
working
conditions
regularly
involve
outside
10
work
with
direct
exposure
to
the
sun.
The
bill
provides
11
requirements
for
shaded
areas,
including
requirements
for
the
12
location
of
such
areas
and
the
time
at
which
such
access
must
13
be
provided.
14
The
bill
requires
an
employer
to
provide
drinking
water
at
no
15
cost
to
an
employee
whose
working
conditions
involve
regular
16
exposure
to
a
heat
index
of
90
degrees
Fahrenheit
or
higher.
17
The
bill
provides
requirements
for
the
quantity,
time,
and
18
location
at
which
drinking
water
must
be
provided.
19
The
bill
requires
an
employer
to
implement
high-heat
20
procedures
when
the
heat
index
reaches
or
exceeds
90
degrees
21
Fahrenheit
in
an
area
where
an
employee
is
performing
work.
22
The
bill
provides
requirements
for
such
procedures
including
23
minimum
rest
periods
and
cooling
and
control
measures.
24
The
bill
is
enforced
by
the
director
of
the
department
of
25
inspections,
appeals,
and
licensing.
An
employer
that
violates
26
the
provisions
of
the
bill
shall
be
subject
to
a
civil
penalty
27
of
up
to
$500
per
violation.
The
bill
provides
procedures
for
28
collection
of
such
penalties.
29
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