ARC 8274C

ARC 8274C

Proposing rulemaking related to employer requirements for non-English speaking employees and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on September 4, 2024. A public hearing was held on the following date(s):

●September 25, 2024

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Division and advise of specific needs.

ITEM 1.Rescind 875—Chapter 160 and adopt the following new chapter in lieu thereof:

CHAPTER 160

EMPLOYER REQUIREMENTS FOR
NON-ENGLISH SPEAKING EMPLOYEES

875—160.1(91E) Definitions. The definitions in Iowa Code section 91E.1 are adopted with the following clarifications or additions:

“Act” means the non-English speaking employee services Act, Iowa Code chapter 91E.

“Applicant” means an employer, employee, or non-English speaking employee as those terms are defined in the Act.

“Business day” means those days an office is open and staffed with the person(s) capable of processing employees’ requests for transportation provided in Iowa Code section 91E.3(2).

“Director” means the director of the department of inspections, appeals, and licensing or the director’s designee.

“Work site” means a single physical location where business is conducted or where services or industrial operations are performed (e.g., a factory, mill, store, hotel, restaurant, movie theatre, farm, ranch, bank, sales office, warehouse, or central administrative office).

875—160.2(91E) Knowledge of English. An employee who can understand the following in English is not covered by these rules:

160.2(1) The hours of work.

160.2(2) The hourly wage.

160.2(3) All mandatory and elective benefits.

160.2(4) The job duties.

160.2(5) The safety and health risks of the job and appropriate methods of protection.

160.2(6) Information and training on hazardous chemicals in the employee’s work area.

160.2(7) Safety signs and symbols that warn of potential dangers and hazards at the work site.

160.2(8) The purpose of forms used by the employer including:

a.Orientation,

b.Insurance,

c.Accidents at the work site, and

d.Other forms the employee is required to complete or answer.

160.2(9) The employer’s requirement to provide an interpreter if more than 10 percent of the employer’s employees speak the same non-English language.

160.2(10) Communication with a nurse or other medical personnel at the work site.

875—160.3(91E) Community services referral agent requirements.

160.3(1) Referral agent available. The employer provides to employees at each work site the name of the person who is designated as having the primary responsibility as the referral agent. The information shall be provided in the language of the non-English speaking employees.

160.3(2) Referral agent’s responsibilities. The primary responsibility of the person employed as the employer’s referral agent is to develop and maintain a list of contact persons and agencies, telephone numbers, and addresses of the community services provided in the work site’s community. The referral agent assists non-English speaking employees in working with and through those services.

875—160.4(91E) Exemptions.

160.4(1) An applicant desiring an exemption may file a written application with the director that shall include:

a.The name, address and telephone number of the applicant;

b.The address or location of the work site affected;

c.A description of the operation or type of work site;

d.A listing of the section of the Act or rules to which the exemption would apply;

e.A representation of the impact of compliance on the part of the applicant;

f.A representation of why the exemption would be reasonable;

g.If the applicant is an employer, a description of how employees and non-English speaking employees have been informed of the application and their rights to petition the director for a hearing;

h.If the applicant is an employee or non-English speaking employee, a description of how the employer has been informed of the application and the employer’s rights to petition the director for a hearing;

i.A request for a hearing if one is desired; and

j.Any other information the director may request.

160.4(2) At the time the application is received, the director shall promptly provide the applicant with a notice of receipt of application that shall be posted where notices are customarily posted for employees. If the applicant is an employee or non-English speaking employee, the employer shall post the notice when provided to the employer.

160.4(3) If the applicant is an employer, any affected employee or an affected non-English speaking employee may request a hearing. If the applicant is an employee or a non-English speaking employee, the affected employer may request a hearing. Any request for a hearing on the application is made by notifying the director within 14 calendar days of posting of the notice.

875—160.5(91E) Enforcement and penalties. If the director finds a violation subject to a civil penalty, the director will issue a notice of violation to the employer and propose a civil penalty that shall be sent to the employer by certified mail. The employer has 14 calendar days from receipt of the notice of violation or proposed civil penalty to inform the director by mail of the intent to contest the notification or proposed penalty. After receipt of the employer’s notification, the director will afford the employer the opportunity for a hearing.

These rules are intended to implement Iowa Code chapter 91E.