ARC 8434C - Iowa Administrative Rules

Adopted and Filed

Occupational safety and health standards for agriculture, ch 28

Untitled document

ARC 8434C

LABOR SERVICES DIVISION[875]

Adopted and Filed

Rulemaking related to occupational safety and health standards for agriculture

The Labor Commissioner hereby rescinds Chapter 28, “Occupational Safety and Health Standards for Agriculture,” 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, Executive Order 10.

Purpose and Summary

This rulemaking, in accordance with Executive Order 10, adopts 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.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on October 2, 2024, as ARC 8239C. A public hearing was held on the following date(s):

●November 5, 2024

●November 6, 2024

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

Adoption of Rulemaking

This rulemaking was adopted by the Commissioner on November 8, 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.

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 will become effective on January 15, 2025.

The following rulemaking action is adopted:

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.

[Filed 11/13/24, effective 1/15/25]

[Published 12/11/24]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 12/11/24.