ARC 6204C

ARC 6204C

LABOR SERVICES DIVISION[875]

Notice of Intended Action

Proposing rule making related to civil penalties

and providing an opportunity for public comment

The Labor Commissioner hereby proposes to amend Chapter 3, "Posting, Inspections, Citations and Proposed Penalties," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 88.5.

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 Administration (OSHA) is required to be at least as effective as the federal OSHA. The proposed amendment to Chapter 3 aligns Iowa's penalties for occupational safety and health citations with the corresponding federal penalties by making mandatory annual cost-of-living adjustments.

Fiscal Impact

The proposed penalty increases may result in a small increase in OSHA civil penalties that are deposited into the General Fund.

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 15, 2022. Comments should be directed to:

Public Hearing

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

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 action is proposed:

Amend subrule 3.11(1) as follows:

3.11(1) The civil penalties proposed by the labor commissioner on or after June 26, 2021 June 1, 2022, are as follows:

a. Willful violation. The penalty for each willful violation under Iowa Code section 88.14(1) shall not be less than $9,639 $10,360 and shall not exceed $136,532 $145,027.

b. Repeated violation. The penalty for each repeated violation under Iowa Code section 88.14(1) shall not exceed $136,532 $145,027.

c. Serious violation. The penalty for each serious violation under Iowa Code section 88.14(2) shall not exceed $13,653 $14,502.

d. Other-than-serious violation. The penalty for each other-than-serious violation under Iowa Code section 88.14(3) shall not exceed $13,653 $14,502.

e. Failure to correct violation. The penalty for failure to correct a violation under Iowa Code section 88.14(4) shall not exceed $13,653 $14,502 per day.

f. Posting, reporting, or record-keeping violation. The penalty for each posting, reporting, or record-keeping violation under Iowa Code section 88.14(9) shall not exceed $13,653 $14,502.