Occupational safety and health violations—increased penalties, 3.11(1)
ARC 3810C
LABOR SERVICES DIVISION[875]
Adopted and Filed
Rule making related to occupational safety and health violations
The Labor Commissioner hereby amends Chapter 3, "Posting, Inspections, Citations and Proposed Penalties," Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is adopted under the authority provided in Iowa Code section 88.14.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code chapter 88.
Purpose and Summary
This amendment aligns Iowa's penalties for occupational safety and health violations with the corresponding federal penalties.
Public Comment and Changes to Rule Making
Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 28, 2018, as ARC 3702C. No public hearing was held. No public comments were received. No changes from the Notice have been made.
Adoption of Rule Making
This rule making was adopted by the Labor Commissioner on May 2, 2018.
Fiscal Impact
This rule making will result in a small increase in deposits to the State General Fund.
Jobs Impact
After analysis and review of this rule making, the Commissioner finds that jobs could be impacted. However, the amendment is implementing federally mandated regulations, and the State of Iowa is only implementing the federal regulations. The requirements imposed on Iowa businesses by these regulations do not exceed those imposed by federal law.
Waivers
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commissioner for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 5.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rule making will become effective on June 30, 2018.
The following rule-making action is adopted:
Amend subrule 3.11(1) as follows:
3.11(1) The civil penalties proposed by the labor commissioner on or after February 11, 2018 June 30, 2018, are as follows:
a. Willful violation. The penalty for each willful violation under Iowa Code section 88.14(1) shall not be less than $8,908 $9,239 and shall not exceed $124,709 $129,336.
b. Repeated violation. The penalty for each repeated violation under Iowa Code section 88.14(1) shall not exceed $124,709 $129,336.
c. Serious violation. The penalty for each serious violation under Iowa Code section 88.14(2) shall not exceed $12,471 $12,934.
d. Other-than-serious violation. The penalty for each other-than-serious violation under Iowa Code section 88.14(3) shall not exceed $12,471 $12,934.
e. Failure to correct violation. The penalty for failure to correct a violation under Iowa Code section 88.14(4) shall not exceed $12,471 $12,934 per day.
[Filed 5/2/18, effective 6/30/18]
[Published 5/23/18]
Editor's Note: For replacement pages for IAC, see IAC Supplement 5/23/18.
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 5/23/2018.
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 875-3.11(1)The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 88.14(1) Iowa Code 88.14(2) Iowa Code 88.14(3) Iowa Code 88.14(4)The following keywords and tags were added to this document. You may click a keyword to view related notices.
Failure to correct violation Other-than-serious violation Repeated violation Serious violation Willful violation© 2024; State of Iowa | Privacy Policy