Notice of Intended Action
Federal occupational safety and health standards—penalties for citations, 3.11(1)
ARC 9099C
LABOR SERVICES DIVISION[875]
Notice of Intended Action
Proposing rulemaking related to posting, inspections, citations and proposed penalties
and providing an opportunity for public comment
The Labor Commissioner hereby proposes to amend Chapter 3, “Posting, Inspections, Citations and Proposed Penalties,” Iowa Administrative Code.
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, 29 CFR 1903.15.
Purpose and Summary
This proposed rulemaking adopts mandatory, annual cost-of-living adjustments in order to align Iowa’s penalties for occupational safety and health citations with the corresponding federal penalties.
Regulatory Analysis
A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on February 19, 2025. A public hearing was held on the following date(s):
●March 11, 2025
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 875—Chapter 5.
Public Comment
Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Division no later than 4:30 p.m. on May 7, 2025. 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:
|
May 6, 2025 |
Lake Conference Room |
|
May 7, 2025 |
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.Amend subrule 3.11(1) as follows:
3.11(1) The civil penalties proposed by the labor commissioner on or after June 1, 20242025, are as follows:
a.Willful violation. The penalty for each willful violation under Iowa Code section 88.14(1) shall not be less than $11,190$11,823 and shall not exceed $161,323$165,514.
b.Repeated violation. The penalty for each repeated violation under Iowa Code section 88.14(1) shall not exceed $161,323$165,514.
c.Serious violation. The penalty for each serious violation under Iowa Code section 88.14(2) shall not exceed $16,131$16,550.
d.Other-than-serious violation. The penalty for each other-than-serious violation under Iowa Code section 88.14(3) shall not exceed $16,131$16,550.
e.Failure to correct violation. The penalty for failure to correct a violation under Iowa Code section 88.14(4) shall not exceed $16,131$16,550 per day.
f.Posting, reporting, or recordkeeping violation. The penalty for each posting, reporting, or recordkeeping violation under Iowa Code section 88.14(9) shall not exceed $16,131$16,550.
Labor Services Division
- 150 Des Moines Street
- Des Moines, IA 50309-1836
- (515) 725-5615
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Open For Comments
This notice is open for comments for 1 more day(s). If you'd like to comment, select or click the text you wish to comment on in the document, or click the button below to make a general comment about the document. Comments will be collected through 5/7/2025
NOTE: You can also click the text in the document to make comments about specific sections.
Public Hearing
Official Document
- Federal occupational safety and health standards—penalties for citations, 3.11(1)
- Published on 4/16/2025
- 27 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 4/16/2025.
Administrative Rule References
The following administrative rule references were added to this document. You may click a reference to view related notices.
Rule 875-3.11(1)Iowa Code References
The following Iowa code references were added to this document. You may click a reference to view related notices.
Iowa Code 88.14(1) Iowa Code 88.14(2) Iowa Code 88.14(3) Iowa Code 88.14(4) Iowa Code 88.14(9)Keywords
The following keywords and tags were added to this document. You may click a keyword to view related notices.
Failure to correct violation Other-than-serious violation Posting, reporting, or recordkeeping violation Repeated violation Serious violation Willful violationAbout
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