ARC 6295C

ARC 6295C

LABOR SERVICES DIVISION[875]

Adopted and Filed

Rule making related to civil penalties

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 88.5.

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. This 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.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on February 23, 2022, as ARC 6204C. No public comments were received. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Commissioner on March 30, 2022.

Fiscal Impact

The 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.

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 May 25, 2022.

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 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.

[Filed 3/31/22, effective 5/25/22]

[Published 4/20/22]

Editor's Note: For replacement pages for IAC, see IAC Supplement 4/20/22.