ARC 6991C

ARC 6991C

LABOR SERVICES DIVISION[875]

Adopted and Filed

Rule making related to occupational health and safety penalties for citations

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 91.6.

State or Federal Law Implemented

This rule making implements, in whole or in part, 29 U.S.C. 667(c)(2) (OSH Act of 1970).

Purpose and Summary

Iowa's Occupational Safety and Health Administration (Iowa OSHA) is required to be at least as effective as federal OSHA. The amendment to Chapter 3 aligns Iowa's penalties for occupational safety and health citations with the corresponding federal OSHA 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 8, 2023, as ARC 6881C. 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 28, 2023.

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.

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 24, 2023.

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 1, 2022 2023, are as follows:

a. Willful violation. The penalty for each willful violation under Iowa Code section 88.14(1) shall not be less than $10,360 $11,162 and shall not exceed $145,027 $156,259.

b. Repeated violation. The penalty for each repeated violation under Iowa Code section 88.14(1) shall not exceed $145,027 $156,259.

c. Serious violation. The penalty for each serious violation under Iowa Code section 88.14(2) shall not exceed $14,502 $15,625.

d. Other-than-serious violation. The penalty for each other-than-serious violation under Iowa Code section 88.14(3) shall not exceed $14,502 $15,625.

e. Failure to correct violation. The penalty for failure to correct a violation under Iowa Code section 88.14(4) shall not exceed $14,502 $15,625 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 $14,502 $15,625.

[Filed 3/30/23, effective 5/24/23]

[Published 4/19/23]

Editor's Note: For replacement pages for IAC, see IAC Supplement 4/19/23.