ARC 8238C - Iowa Administrative Rules

Notice of Intended Action

Construction safety and health rules, ch 26

Untitled document

ARC 8238C

LABOR SERVICES DIVISION[875]

Notice of Intended Action

Proposing rulemaking related to construction safety and health rules
and providing an opportunity for public comment

The Labor Commissioner hereby proposes to rescind Chapter 26, “Construction Safety and Health Rules,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

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

State or Federal Law Implemented

This rulemaking implements, in whole or in part, Executive Order 10.

Purpose and Summary

This rulemaking, in accordance with Executive Order 10, proposes a new Chapter 26 that adopts federal rules for work safety in construction so that the Iowa Occupational Safety and Health Administration (OSHA) may monitor and, when necessary, investigate worksites to determine work safety compliance.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on August 21, 2024. A public hearing was held on the following date(s):

●September 10, 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 Labor Services Division for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.

Public Comment

Any interested person may submit written or oral comments concerning this proposed rulemaking. Written or oral comments in response to this rulemaking must be received by the Division no later than 4:30 p.m. on November 6, 2024. Comments should be directed to:

Mitchell Mahan
Labor Services Division
6200 Park Avenue
Des Moines, Iowa 50321
Phone: 515.443.1051
Email: mitchell.mahan@dia.iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

November 5, 2024 8:30 to 9 a.m.	Lake Conference Room 6200 Park Avenue, Suite 100 Des Moines, Iowa
November 6, 2024 8:30 to 9 a.m.	Lake Conference Room 6200 Park Avenue, Suite 100 Des Moines, Iowa

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

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

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).

The following rulemaking action is proposed:

ITEM 1.Rescind 875—Chapter 26 and adopt the following new chapter in lieu thereof:

CHAPTER 26

CONSTRUCTION SAFETY AND HEALTH RULES

875—26.1(88) Adoption by reference. Federal Safety and Health Regulations for Construction beginning at 29 CFR 1926.16 and continuing through 29 CFR, Chapter XVII, Part 1926, are hereby adopted by reference for implementation of Iowa Code chapter 88. These federal rules shall apply and be interpreted to apply to the Iowa Occupational Safety and Health Act, Iowa Code chapter 88, not the Contract Work Hours and Safety Standards Act, and shall apply and be interpreted to apply to enforcement by the Iowa labor commissioner, not the United States Secretary of Labor or the Federal Occupational Safety and Health Administration. The amendments to 29 CFR 1926 are adopted as published at:

38 Fed. Reg. 16856 (June 27, 1973)

38 Fed. Reg. 27594 (October 5, 1973)

38 Fed. Reg. 33397 (December 4, 1973)

39 Fed. Reg. 19470 (June 3, 1974)

39 Fed. Reg. 24361 (July 2, 1974)

40 Fed. Reg. 23072 (May 28, 1975)

41 Fed. Reg. 55703 (December 21, 1976)

42 Fed. Reg. 2956 (January 14, 1977)

42 Fed. Reg. 37668 (July 22, 1977)

43 Fed. Reg. 56894 (December 5, 1978)

45 Fed. Reg. 75626 (November 14, 1980)

51 Fed. Reg. 22733 (June 20, 1986)

51 Fed. Reg. 25318 (July 11, 1986)

52 Fed. Reg. 17753 (May 12, 1987)

52 Fed. Reg. 36381 (September 28, 1987)

52 Fed. Reg. 46291 (December 4, 1987)

53 Fed. Reg. 22643 (June 16, 1988)

53 Fed. Reg. 27346 (July 20, 1988)

53 Fed. Reg. 29139 (August 2, 1988)

53 Fed. Reg. 35627 (September 14, 1988)

53 Fed. Reg. 35953 (September 15, 1988)

53 Fed. Reg. 36009 (September 16, 1988)

53 Fed. Reg. 37080 (September 23, 1988)

54 Fed. Reg. 15405 (April 18, 1989)

54 Fed. Reg. 23850 (June 2, 1989)

54 Fed. Reg. 30705 (July 21, 1989)

54 Fed. Reg. 41088 (October 5, 1989)

54 Fed. Reg. 45894 (October 31, 1989)

54 Fed. Reg. 49279 (November 30, 1989)

54 Fed. Reg. 52024 (December 20, 1989)

54 Fed. Reg. 53055 (December 27, 1989)

55 Fed. Reg. 3732 (February 5, 1990)

55 Fed. Reg. 42328 (October 18, 1990)

55 Fed. Reg. 47687 (November 14, 1990)

55 Fed. Reg. 50687 (December 10, 1990)

56 Fed. Reg. 2585 (January 23, 1991)

56 Fed. Reg. 5061 (February 7, 1991)

56 Fed. Reg. 41794 (August 23, 1991)

56 Fed. Reg. 43700 (September 4, 1991)

57 Fed. Reg. 7878 (March 5, 1992)

57 Fed. Reg. 24330 (June 8, 1992)

57 Fed. Reg. 29119 (June 30, 1992)

57 Fed. Reg. 35681 (August 10, 1992)

57 Fed. Reg. 42452 (September 14, 1992)

58 Fed. Reg. 21778 (April 23, 1993)

58 Fed. Reg. 26627 (May 4, 1993)

58 Fed. Reg. 35077 (June 30, 1993)

58 Fed. Reg. 35310 (June 30, 1993)

58 Fed. Reg. 40468 (July 28, 1993)

59 Fed. Reg. 215 (January 3, 1994)

59 Fed. Reg. 6170 (February 9, 1994)

59 Fed. Reg. 36699 (July 19, 1994)

59 Fed. Reg. 40729 (August 9, 1994)

59 Fed. Reg. 41131 (August 10, 1994)

59 Fed. Reg. 43275 (August 22, 1994)

59 Fed. Reg. 65948 (December 22, 1994)

60 Fed. Reg. 9625 (February 21, 1995)

60 Fed. Reg. 11194 (March 1, 1995)

60 Fed. Reg. 33345 (June 28, 1995)

60 Fed. Reg. 34001 (June 29, 1995)

60 Fed. Reg. 36044 (July 13, 1995)

60 Fed. Reg. 39255 (August 2, 1995)

60 Fed. Reg. 50412 (September 29, 1995)

61 Fed. Reg. 5509 (February 13, 1996)

61 Fed. Reg. 9248 (March 7, 1996)

61 Fed. Reg. 31431 (June 20, 1996)

61 Fed. Reg. 41738 (August 12, 1996)

61 Fed. Reg. 43458 (August 23, 1996)

61 Fed. Reg. 46104 (August 30, 1996)

61 Fed. Reg. 56856 (November 4, 1996)

61 Fed. Reg. 59831 (November 25, 1996)

62 Fed. Reg. 1619 (January 10, 1997)

63 Fed. Reg. 1295 (January 8, 1998)

63 Fed. Reg. 1919 (January 13, 1998)

63 Fed. Reg. 3814 (January 27, 1998)

63 Fed. Reg. 13340 (March 19, 1998)

63 Fed. Reg. 17094 (April 8, 1998)

63 Fed. Reg. 20099 (April 23, 1998)

63 Fed. Reg. 33468 (June 18, 1998)

63 Fed. Reg. 35138 (June 29, 1998)

63 Fed. Reg. 66274 (December 1, 1998)

64 Fed. Reg. 22552 (April 27, 1999)

66 Fed. Reg. 5265 (January 18, 2001)

66 Fed. Reg. 37137 (July 17, 2001)

67 Fed. Reg. 57736 (September 12, 2002)

69 Fed. Reg. 31881 (June 8, 2004)

70 Fed. Reg. 1143 (January 5, 2005)

71 Fed. Reg. 2885 (January 18, 2006)

70 Fed. Reg. 76985 (December 29, 2005)

71 Fed. Reg. 10381 (February 28, 2006)

71 Fed. Reg. 36008 (June 23, 2006)

71 Fed. Reg. 76985 (August 24, 2006)

72 Fed. Reg. 64428 (November 15, 2007)

73 Fed. Reg. 75583 (December 12, 2008)

75 Fed. Reg. 12685 (March 17, 2010)

75 Fed. Reg. 27429 (May 17, 2010)

75 Fed. Reg. 48130 (August 9, 2010)

76 Fed. Reg. 33606 (June 8, 2011)

77 Fed. Reg. 17764 (March 26, 2012)

76 Fed. Reg. 80738 (December 27, 2011)

77 Fed. Reg. 23118 (April 18, 2012)

77 Fed. Reg. 37598 (June 22, 2012)

77 Fed. Reg. 42988 (July 23, 2012)

77 Fed. Reg. 46949 (August 7, 2012)

78 Fed. Reg. 23841 (April 23, 2013)

78 Fed. Reg. 32116 (May 29, 2013)

79 Fed. Reg. 20629 (April 11, 2014)

79 Fed. Reg. 56960 (September 24, 2014)

79 Fed. Reg. 57798 (September 26, 2014)

80 Fed. Reg. 25518 (May 4, 2015)

80 Fed. Reg. 60039 (October 5, 2015)

81 Fed. Reg. 16092 (March 25, 2016)

81 Fed. Reg. 16875 (March 25, 2016)

83 Fed. Reg. 56244 (November 9, 2018)

84 Fed. Reg. 21574 (May 14, 2019)

85 Fed. Reg. 8735 (February 18, 2020)

85 Fed. Reg. 53997 (August 31, 2020)

85 Fed. Reg. 57122 (September 15, 2020)

This rule is intended to implement Iowa Code sections 84A.1, 84A.2, 88.2 and 88.5.

875—26.2(88) Beryllium exposure limits. The eight-hour time-weighted average permissible exposure limit for beryllium is 0.2 micrograms per cubic liter, and the short-term exposure limit for beryllium is 2.0 micrograms per cubic meter over a 15-minute sampling period.

This rule is intended to implement Iowa Code section 88.5.