ARC 8113C - Iowa Administrative Rules

Filed Emergency After Notice

Recording and reporting occupational injuries and illnesses, ch 4

Untitled document

ARC 8113C

LABOR SERVICES DIVISION[875]

Adopted and Filed Emergency After Notice

Rulemaking related to recording and reporting occupational injuries and illnesses

The Labor Commissioner hereby rescinds Chapter 4, “Recording and Reporting Occupational Injuries and Illnesses,” Iowa Administrative Code, and adopts a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is adopted under the authority provided in Iowa Code section 88.5.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, 29 CFR 1904.

Purpose and Summary

This rulemaking adopts the promulgation of a new Chapter 4. This rulemaking implements the goals and directives of Executive Order 10 (January 10, 2023). This rulemaking also adopts a federal rule amendment to require establishments with 100 or more employees in certain designated high-hazard industries to electronically submit information from their Occupational Safety and Health Administration injury reporting forms once per year.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on May 15, 2024, as ARC 7941C. A public hearing was held on the following date(s):

June 4, 2024

June 5, 2024

No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Reason for Waiver of Normal Effective Date

Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the Commissioner finds that the normal effective date of this rulemaking, 35 days after publication, should be waived and the rulemaking made effective on June 19, 2024, because this rulemaking confers a benefit on employees by enhancing employee work safety and confers a benefit on employers by meeting a deadline, which is a necessary condition of continuing to administer work safety law by a state program.

Adoption of Rulemaking

This rulemaking was adopted by the Commissioner on June 19, 2024.

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

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

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department of Inspections, Appeals, and Licensing for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking became effective on June 19, 2024.

The following rulemaking action is adopted:

ITEM 1.Rescind 875—Chapter 4 and adopt the following new chapter in lieu thereof:

CHAPTER 4

RECORDING AND REPORTING OCCUPATIONAL INJURIES AND ILLNESSES

875—4.1(88) Purpose and scope. This chapter applies to public and private employers.

875—4.2(88) First reports of injury. A report to the division of workers’ compensation is considered to be a report to the division of labor services. The division of workers’ compensation will forward all reports to the division of labor services.

875—4.3(88) Recording and reporting regulations. Except as noted in this rule, the federal Occupational Safety and Health Administration (OSHA) regulations at 29 CFR 1904.0 through 1904.46 as published at 66 Fed.

Reg.

6122 through 6135 (January 19, 2001) are adopted.

4.3(1) The following amendments to 29 CFR 1904.0 through 1904.46 are adopted:

66 Fed.

Reg.

52031-52034 (October 12, 2001)

67 Fed.

Reg.

44047 (July 1, 2002)

67 Fed.

Reg.

77170 (December 17, 2002)

68 Fed.

Reg.

38606 (June 30, 2003)

79 Fed.

Reg.

56186 (September 18, 2014)

81 Fed.

Reg.

29691 (May 12, 2016)

81 Fed.

Reg.

31854 (May 20, 2016)

84 Fed.

Reg.

405 (January 25, 2019)

84 Fed.

Reg.

21457 (May 14, 2019)

85 Fed.

Reg.

8731 (February 18, 2020)

88 Fed.

Reg.

47254 (July 21, 2023)

4.3(2) In addition to the reporting methods set forth in 29 CFR 1904.39(a), employers may make reports required by 29 CFR 1904.39 using at least one of the following methods:

Completing the incident report form and faxing or emailing the completed form to Iowa OSHA in the department of inspections, appeals, and licensing;

Calling 877.242.6742; or

Visiting 6200 Park Avenue, Suite 100, Des Moines, Iowa.

These rules are intended to implement Iowa Code chapter 88.

[Filed Emergency After Notice 6/19/24, effective 6/19/24]

[Published 7/10/24]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 7/10/24.