Notice of Intended Action
Occupational safety and health standards for agriculture, ch 28
ARC 8239C
LABOR SERVICES DIVISION[875]
Notice of Intended Action
Proposing rulemaking related to occupational safety and health standards for agriculture and providing an opportunity for public comment
The Labor Commissioner hereby proposes to rescind Chapter 28, “Occupational Safety and Health Standards for Agriculture,” 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 28 that adopts federal rules for work safety in agriculture 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 |
Public Hearing
Public hearings at which persons may present their views orally or in writing will be held as follows:
|
November 5, 2024 |
Lake Conference Room |
|
November 6, 2024 |
Lake Conference Room |
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 28 and adopt the following new chapter in lieu thereof:
CHAPTER 28
OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR AGRICULTURE
875—28.1(88) Adoption by reference. Rules 1928.1, 1928.21, 1928.51 through 1928.53 and 1928.57, as adopted by the United States Secretary of Labor, shall be rules for implementing Iowa Code chapter 88. This rule adopts the federal Occupational Safety and Health Standards for Agriculture, 29 CFR 1928 as published at 40 Fed.Reg.18253-18268 (April 25, 1975) and as amended at:
41 Fed. Reg. 10190 (March 9, 1976)
41 Fed. Reg. 11022 (March 16, 1976)
41 Fed. Reg. 22268 (June 2, 1976)
41 Fed. Reg. 46598 (October 22, 1976)
42 Fed. Reg. 37668 (July 22, 1977)
42 Fed. Reg. 38569 (July 29, 1977)
43 Fed. Reg. 27463 (June 23, 1978)
43 Fed. Reg. 28474 (June 30, 1978)
43 Fed. Reg. 35036 (August 8, 1978)
46 Fed. Reg. 32022 (June 19, 1981)
52 Fed. Reg. 16095 (May 1, 1987)
58 Fed. Reg. 21778 (April 23, 1993)
59 Fed. Reg. 6170 (February 9, 1994)
59 Fed. Reg. 36699 (July 19, 1994)
59 Fed. Reg. 51748 (October 12, 1994)
61 Fed. Reg. 5510 (February 13, 1996)
61 Fed. Reg. 9255 (March 7, 1996)
70 Fed. Reg. 77003 (December 29, 2005)
76 Fed. Reg. 33606 (June 8, 2011)
These federal rules shall apply and be interpreted to apply to the Iowa occupational safety and health Act, Iowa Code chapter 88, and enforcement by the labor commissioner.
This rule is intended to implement Iowa Code sections 84A.1, 84A.2, 88.2 and 88.5.
Labor Services Division
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- Des Moines, IA 50309-1836
- (515) 725-5615
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Closed For Comments
This notice is now closed for comments. Collection of comments closed on 11/6/2024.
Official Document
- Occupational safety and health standards for agriculture, ch 28
- Published on 10/2/2024
- 154 Views , 0 Comments
- Notice of Intended Action
The official published PDF of this document is available from the Iowa General Assembly’s Administrative Rules page.
View the Iowa Administrative Bulletin for 10/2/2024.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 875-28.1Iowa Code References
The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 84A.1 Iowa Code 84A.2 Iowa Code 88 Iowa Code 88.2 Iowa Code 88.5Keywords
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