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 TLSB 1252YH (3) 91 je/js
H.F. 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 35 -1- LSB 1252YH (3) 91 je/js 1/ 5
H.F. 742 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 employees 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 . 35 -2- LSB 1252YH (3) 91 je/js 2/ 5
H.F. 742 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 35 -3- LSB 1252YH (3) 91 je/js 3/ 5
H.F. 742 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. 35 -4- LSB 1252YH (3) 91 je/js 4/ 5
H.F. 742 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 explanations 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 -5- LSB 1252YH (3) 91 je/js 5/ 5