Notice of Intended Action

Occupational safety and health—penalties, reporting, adoption by reference, 3.11(1), 4.3(1)“h”

Untitled document

ARC 4318C

LABOR SERVICES DIVISION[875]

Notice of Intended Action

Proposing rule making related to occupational health

and safety and providing an opportunity for public comment

The Labor Commissioner hereby proposes to amend Chapter 3, "Posting, Inspections, Citations and Proposed Penalties," and Chapter 4, "Recording and Reporting Occupational Injuries and Illnesses," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code sections 88.5 and 88.14.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapter 88.

Purpose and Summary

Iowa's occupational safety and health program is required to be at least as effective as the federal occupational safety and health program. The proposed amendments would align Iowa's occupational safety and health program with the federal program. Item 1 aligns Iowa's penalties for occupational safety and health citations with the corresponding federal penalties by making an annual cost-of-living adjustment. Item 2 adopts by reference a recent change rescinding a federal requirement for larger employers to make electronic reports of injuries and illnesses.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

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.

Public Comment

Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Commissioner no later than 4:30 p.m.on March 20, 2019. Comments should be directed to:

Kathleen Uehling

Division of Labor Services

150 Des Moines Street

Des Moines, Iowa 50319-0209

Email: kathleen.uehling@iwd.iowa.gov

Public Hearing

If requested, a public hearing at which persons may present their views orally or in writing will be held as follows:

March 20, 2019

9 a.m.

150 Des Moines St.

Des Moines, Iowa

Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.

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

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).

The following rule-making actions are proposed:

Item 1. Amend subrule 3.11(1) as follows:

3.11(1) The civil penalties proposed by the labor commissioner on or after June 30, 2018 May 29, 2019, are as follows:

a. Willful violation. The penalty for each willful violation under Iowa Code section 88.14(1) shall not be less than $9,239 $9,472 and shall not exceed $129,336 $132,598.

b. Repeated violation. The penalty for each repeated violation under Iowa Code section 88.14(1) shall not exceed $129,336 $132,598.

c. Serious violation. The penalty for each serious violation under Iowa Code section 88.14(2) shall not exceed $12,934 $13,260.

d. Other-than-serious violation. The penalty for each other-than-serious violation under Iowa Code section 88.14(3) shall not exceed $12,934 $13,260.

e. Failure to correct violation. The penalty for failure to correct a violation under Iowa Code section 88.14(4) shall not exceed $12,934 $13,260 per day.

Item 2. Adopt the following new paragraph 4.3(1)"h":

h. 84 Fed.Reg.405 (January 25, 2019)

Labor Services Division


This Organization is a part of the Workforce Development Department

Closed For Comments

This notice is now closed for comments. Collection of comments closed on 3/20/2019.

Official Document

  • Occupational safety and health—penalties, reporting, adoption by reference, 3.11(1), 4.3(1)“h”
  • Published on 2/27/2019
  • 411 Views , 0 Comments
  • Notice of Intended Action

The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.

View Official PDF

View the Iowa Administrative Bulletin for 2/27/2019.

View Bulletin

Administrative Rule References

The following administrative rule references were added to this document. You may click a reference to view related notices.

Rule 875-3.11(1) Rule 875-4.3(1)"h"

Iowa Code References

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)

Keywords

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
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