Senate File 2100 - Introduced SENATE FILE 2100 BY BOULTON A BILL FOR An Act relating to workers compensation benefits involving 1 violations of occupational safety and health or child labor 2 laws, providing penalties, and including applicability 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5534XS (4) 90 je/js
S.F. 2100 Section 1. NEW SECTION . 85.15 Child labor and occupational 1 safety and health violations penalties. 2 If an injury or death for which benefits are payable under 3 chapter 10A, subchapter III, this chapter, or chapter 85A 4 or 85B occurred in the course of employment in which the 5 employer is found to be in violation of chapter 88, or the 6 employee is found to have performed work for which the employee 7 was not of permitted age under chapter 92, the workers 8 compensation commissioner shall award benefits, in addition to 9 the benefits otherwise payable under chapter 10A, subchapter 10 III, this chapter, or chapter 85A or 85B, in an amount equal 11 to one hundred percent of the amount of such benefits that 12 are otherwise payable. Additionally, the employer shall be 13 subject to a civil penalty of five thousand dollars. The 14 workers compensation commissioner shall collect the penalty 15 and deposit the moneys in the second injury fund. The 16 workers compensation commissioner shall award such additional 17 benefits and collect such penalty upon a finding of a violation 18 of chapter 88 or 92 as provided in those chapters and the 19 conclusion of applicable periods for judicial review. 20 Sec. 2. APPLICABILITY. This Act applies to injuries 21 occurring on or after the effective date of this Act. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanations substance by the members of the general assembly. 25 This bill provides that when an injury for which workers 26 compensation benefits would be payable occurs in the course of 27 employment in which the employer is found to be in violation 28 of Code chapter 88 (occupational safety and health), or the 29 employee is found to have performed work for which the employee 30 was not of permitted age under Code chapter 92 (child labor), 31 the workers compensation commissioner shall increase the 32 amount of benefits awarded by 100 percent. The employer shall 33 also be subject to a civil penalty of $5,000, to be collected 34 by the workers compensation commissioner and deposited in the 35 -1- LSB 5534XS (4) 90 je/js 1/ 2
S.F. 2100 second injury fund. 1 The bill applies to injuries occurring on or after the 2 effective date of the bill. 3 -2- LSB 5534XS (4) 90 je/js 2/ 2