ARC 9345C

LABOR SERVICES DIVISION[875]

Adopted and Filed Emergency After Notice

The Labor Commissioner hereby amends Chapter 3, “Posting, Inspections, Citations and Proposed Penalties,” Iowa Administrative Code.

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 1903.15.

Purpose and Summary

This 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.

Public Comment and Changes to Rulemaking

Reason for Waiver of Normal Effective Date

Pursuant to Iowa Code section 17A.5(2)“b”(1)(b), the Labor Services Division finds that the normal effective date of this rulemaking, 35 days after publication, should be waived and the rulemaking made effective on May 23, 2025, because this rulemaking adopts an amendment to federal law. Adopting federal Occupational Safety and Health Administration (OSHA) amendments is mandatory for the State-run OSHA program to be “as effective as” federal OSHA per OSHA Instruction CSP 01-00-005. 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 May 21, 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 Division for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 5.

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 May 23, 2025.

The following rulemaking action is adopted: