In December, we reported that Sen. Karen Keiser (D–Des Moines) was planning to introduce a bill that would establish
new safety standards for workplaces where employees are exposed to contagious, infectious diseases. A new version of that proposal has now been introduced as SB 5115 and is slated for a public hearing in the Senate Labor, Commerce, & Tribal Affairs Committee on January 18.
SB 5115, also known as the Health Emergency Labor Standards Act (HELSA), contains several elements similar to the draft we discussed earlier. The current version of the bill includes:
- Presumption of workplace infection: Creates a presumption that a disease that is the subject of a public health emergency is an occupational disease for frontline workers for the purposes of workers compensation. The bill allows employers
to rebut the presumption and describes the appeals process to do this.
- PPE use: Employers must provide or accommodate employees’ use of personal protective equipment (PPE).
- Workplace discrimination protections: Offers workplace discrimination protections to workers that raise reasonable concerns about infection control at work.
- Whistleblower response: Allows workers experiencing workplace discrimination to file complaints with the Department of Labor & Industries (L&I) or file a private whistleblower action under specified rules.
- Workforce infection reporting: Large employers (50+ employees) must report to L&I if 5% or more of their workforce gets infected. Small employers (less than 50 employees) must report at 10% workforce infection.
- Emergency PFML expansion: Expands eligibility for the state paid family and medical leave (PFML) program to employees that make at least $1,000 during a qualifying period, including a public health emergency. Outside of a public health
emergency, PFML eligibility remains at the current 820 hours worked threshold.
- Frontline hazard pay: Employers of frontline workers must pay an additional 25% of the state minimum wage per hour during the emergency. Frontline employees include first responders, corrections officers, health care workers, facility maintenance,
and transit workers, among others.
- Additional paid sick leave: During a public health emergency, employers must provide up to 80 hours of additional paid sick leave for full time employees that have been exposed or infected and who cannot work or telework. Part-time workers qualify
for additional sick leave hours equal to their average working hours over a two-week period.
- Childcare leave: Large employers must provide 12 weeks of childcare leave when schools and childcare centers are closed due to a public health emergency. The first 10 days of leave can be unpaid, but the remaining leave must be compensated at 2/3
pay rate.
As in the earlier version of the bill, HELSA gives employers a dollar-to-dollar state B&O tax credit to pay for additional paid sick leave or childcare leave if there is no federal assistance for the public health emergency. This would not apply to
cities, as cities do not pay state B&O taxes. The bill also gives a similar credit for an employer’s public utility tax. AWC has raised the concern that city employers would have similar expenses but without the benefit of any tax credit.
We continue to work on a solution to this concern.
Although this bill reflects the current needs and of the COVID-19 pandemic, the provisions would apply to any future public health emergency.
Dates to remember
SB 5115 is scheduled for public hearing in the Senate Labor, Commerce & Tribal Affairs Committee at 9 am on Monday, January 18.