reglab/statecodes huggingface dataset:
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 87 - WORKERS’ COMPENSATION OR EMPLOYERS’ LIABILITY INSURANCE › Section 87.13 - Interpretative clause.

87.13 Interpretative clause.
All provisions in chapters 85, 85A, 85B, 86, and this chapter relating to compensation for injuries sustained arising out of and in the course of employment in the operation of coal mines or production of coal under any system of removing coal for sale are exclusive, compulsory and obligatory upon the employer and employee in such employment.
[C35, §1477-g2; C39, §1477.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §87.13]
83 Acts, ch 101, §5
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 87 - WORKERS’ COMPENSATION OR EMPLOYERS’ LIABILITY INSURANCE › Section 87.14A - Insurance required.

87.14A Insurance required.
An employer subject to this chapter and chapters 85, 85A, 85B, and 86 shall not engage in business without first obtaining insurance covering compensation benefits or obtaining relief from insurance as provided in this chapter. A person who willfully and knowingly violates this section is guilty of a class “D” felony.
94 Acts, ch 1066, §3; 2005 Acts, ch 168, §16, 23
Referred to in §87.15, 87.19
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 87 - WORKERS’ COMPENSATION OR EMPLOYERS’ LIABILITY INSURANCE › Section 87.15 - Injunctions.

87.15 Injunctions.
If a violation of section 87.14A has been committed or there is reason to believe a violation of section 87.14A is about to be committed, the attorney general or the county attorney from the county in which a violation has occurred or is about to occur shall, or any person may, bring an action to enjoin such person from committing the violation and the court or judge before whom the action is brought shall, if the facts warrant, issue a temporary or permanent writ of injunction without bond.
[C35, §1477-g4; C39, §1477.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §87.15]
94 Acts, ch 1066, §4
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 87 - WORKERS’ COMPENSATION OR EMPLOYERS’ LIABILITY INSURANCE › Section 87.19 - Failure to comply — proceedings.

87.19 Failure to comply — proceedings.
1. Upon the receipt of information by the workers’ compensation commissioner of any employer failing to comply with section 87.14A, the commissioner shall at once notify such employer by certified mail that unless such employer complies with the requirements of law, legal proceedings will be instituted to enforce compliance.
2. Unless such employer complies with the provisions of the law within fifteen days after the giving of notice under subsection 1, the workers’ compensation commissioner shall report the failure to the attorney general, whose duty it shall be to bring an action in a court of equity to enjoin the further violation. Upon decree being entered for a temporary or permanent injunction, a violation shall be a contempt of court and punished as provided for contempt of court in other cases.
[C31, 35, §1477-c4; C39, §1477.8; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §87.19]
98 Acts, ch 1061, §11; 2005 Acts, ch 168, §17, 23; 2021 Acts, ch 76, §150; 2022 Acts, ch 1021, §29
Contempts, generally, chapter 665
Section amended
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 87 - WORKERS’ COMPENSATION OR EMPLOYERS’ LIABILITY INSURANCE › Section 87.20 - Revocation of release from insurance.

87.20 Revocation of release from insurance.
The insurance commissioner may, at any time, upon reasonable notice to such employer and upon hearing, revoke for cause any order theretofore made relieving any employer from carrying insurance as provided by this chapter.
[S13, §2477-m49; C24, 27, 31, 35, 39, §1478; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §87.20]
98 Acts, ch 1061, §11; 2005 Acts, ch 168, §18, 23
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 87 - WORKERS’ COMPENSATION OR EMPLOYERS’ LIABILITY INSURANCE › Section 87.21 - Employer failing to insure.

87.21 Employer failing to insure.
Any employer, except an employer with respect to an exempt employee under section 85.1, who has failed to insure the employer’s liability in one of the ways provided in this chapter, unless relieved from carrying such insurance as provided in section 87.11, is liable to an employee for a personal injury in the course of and arising out of the employment, and the employee may enforce the liability by an action at law for damages, or may collect compensation as provided in chapters 85, 85A, 85B, and 86. In actions by the employee for damages under this section, the following rules apply:
1. It shall be presumed:
a. That the injury to the employee was the direct result and growing out of the negligence of the employer.
b. That such negligence was the proximate cause of the injury.
2. The burden of proof shall rest upon the employer to rebut the presumption of negligence, and the employer shall not be permitted to plead or rely upon any defense of the common law, including the defenses of contributory negligence, assumption of risk and the fellow servant rule.
3. In an action at law for damages the parties have a right to trial by jury.
[C24, 27, 31, §1479; C35, §1479, 1481-e1; C39, §1479, 1481.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §87.21, 87.24; 82 Acts, ch 1161, §26, ch 1221, §3]
83 Acts, ch 36, §4, 8
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 87 - WORKERS’ COMPENSATION OR EMPLOYERS’ LIABILITY INSURANCE › Section 87.23 - Compensation liability insurance not required.

87.23 Compensation liability insurance not required.
A corporation, association, or organization approved by the commissioner of insurance to provide compensation liability insurance shall not require a motor carrier that contracts with an owner-operator who is acting as an independent contractor pursuant to section 85.61, subsection 12, paragraph “c”, to purchase compensation liability insurance for the employer’s liability for the owner-operator or its employees.
91 Acts, ch 209, §3; 2007 Acts, ch 22, §23; 2008 Acts, ch 1031, §101
Section not amended; internal reference change applied
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.1 - Public policy.

88.1 Public policy.
It is the policy of this state to assure so far as possible every working person in the state safe and healthful working conditions and to preserve human resources by:
1. Encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and perfect existing programs for providing safe and healthful working conditions.
2. Providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions.
3. Authorizing the labor commissioner to set mandatory occupational safety and health standards applicable to businesses, and by providing for an adjudicatory process through the employment appeal board within the department of inspections and appeals for carrying out adjudicatory functions under this chapter.
4. Building upon advances already made through employer and employee initiative for providing safe and healthful working conditions.
5. Providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems.
6. Exploring ways to discover latent diseases, establishing causal connections between diseases and work in environmental conditions, and conducting other research relating to health problems, in recognition of the fact that occupational health standards present problems often different from those involved in occupational safety.
7. Providing medical criteria which will assure insofar as practicable that no employee will suffer diminished health, functional capacity or life expectancy as a result of the employee’s work experience.
8. Providing for training programs to increase the number and competence of personnel engaged in the field of occupational safety and health.
9. Providing for the development and promulgation of occupational safety and health standards.
10. Providing an effective enforcement program which shall include a prohibition against giving advance notice of any inspection and sanctions for an individual violating this prohibition.
11. Providing for appropriate reporting procedures with respect to occupational safety and health which procedures will help achieve the objectives of this chapter and accurately describe the nature of the occupational safety and health problem.
12. Encouraging joint labor-management efforts to reduce injuries and disease arising out of employment.
13. Devoting adequate funds to the administration and enforcement of occupational safety and health standards and rules promulgated by the labor commissioner.
[C66, 71, §88A.1; C73, 75, 77, 79, 81, §88.1]
86 Acts, ch 1245, §519; 2018 Acts, ch 1026, §33; 2019 Acts, ch 59, §38
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.2 - Administration — personnel — contracts — grants.

88.2 Administration — personnel — contracts — grants.
1. The labor commissioner, appointed pursuant to section 91.2, and the division of labor services of the department of workforce development created in section 84A.1 shall administer this chapter.
2. The necessary legal authority and qualified personnel shall be provided for the administration and enforcement of this chapter and such standards adopted pursuant to this chapter.
3. Personnel administering the chapter shall be employed pursuant to chapter 8A, subchapter IV.
4. Subject to the approval of the director of the department of workforce development, the labor commissioner may enter into contracts with any state agency, with or without reimbursement, for the purpose of obtaining the services, facilities, and personnel of the agency, and with the consent of any state agency or any political subdivision of the state, accept and use the services, facilities, and personnel of the agency or political subdivision, and employ experts and consultants or organizations, in order to expeditiously, efficiently, and economically effectuate the purposes of this chapter. The agreements under this subsection are subject to approval of the executive council if approval is required by law.
5. The commissioner, the governor, and the director of the department of management may obtain and accept federal grants to the state to be used in connection with the funds appropriated for the administration of this chapter and federal funds available to the division.
[SS15, §4999-a5; C24, 27, 31, 35, 39, §1482; C46, 50, 54, 58, 62, 66, 71, §88.1; C73, 75, 77, 79, 81, §88.2]
86 Acts, ch 1244, §14; 86 Acts, ch 1245, §914; 96 Acts, ch 1186, §23; 2003 Acts, ch 145, §159; 2015 Acts, ch 29, §114
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.3 - Definitions.

88.3 Definitions.
Wherever used in this chapter, unless the context clearly requires a different meaning:
1. “Appeal board” means the employment appeal board created under section 10A.601.
2. “Commissioner” means the labor commissioner appointed pursuant to section 91.2, or the commissioner’s designee.
3. “Emergency temporary standards” means any occupational safety and health standard or modification thereof which has been adopted and promulgated by a nationally recognized standards-producing organization under procedures whereby it can be determined by the commissioner that persons interested and affected by the scope or provisions of the standard have reached substantial agreement on its adoption, and was formulated in a manner which afforded an opportunity for diverse views to be considered or is an emergency temporary standard provided by the secretary pursuant to and in conformance with the provisions of the federal law.
4. “Employee” means an employee of an employer who is employed in a business of the employer. “Employee” also means an inmate as defined in section 85.59, when the inmate works in connection with the maintenance of the institution, in an industry maintained in the institution, or while otherwise on detail to perform services for pay. “Employee” also means a volunteer involved in responses to hazardous waste incidences. The employer of a volunteer is that entity which provides or which is required to provide workers’ compensation coverage for the volunteer.
5. “Employer” means a person engaged in a business who has one or more employees and also includes the state of Iowa, its various departments and agencies, and any political subdivision of the state.
6. “Federal law” means the Act of Congress approved December 29, 1970, 84 Stat. 1590, officially cited as the “Occupational Safety and Health Act of 1970”, codified at 29 U.S.C. §651 – 678.
7. “Imminent danger” means a condition or practice in any place of employment which is such that a danger exists which will reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures of this chapter, exclusive of the procedures set forth in section 88.11.
8. “Occupational safety and health standard” means a standard which requires conditions or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe or healthful employment and places of employment.
9. “Person” means one or more individuals, partnerships, associations, corporations, business trusts, legal representatives, or any organized group of persons.
10. “Secretary” means the secretary of labor of the United States.
[C66, 71, §88A.2; C73, 75, 77, 79, 81, §88.3]
86 Acts, ch 1245, §520; 90 Acts, ch 1136, §1; 99 Acts, ch 68, §2; 2001 Acts, ch 24, §24; 2019 Acts, ch 24, §13
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.4 - Duties.

88.4 Duties.
1. Each employer shall furnish to each of the employer’s employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to the employer’s employees and comply with occupational safety and health standards promulgated under this chapter.
2. Each employee shall comply with occupational safety and health standards and all rules and orders issued pursuant to this chapter which are applicable to the employee’s own actions and conduct.
[C66, 71, §88A.1; C73, 75, 77, 79, 81, §88.4]
Referred to in §88.7, 88.14
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.7 - Citations.

88.7 Citations.
1. Issuance by commissioner.
a. If, upon inspection or investigation, the commissioner or the commissioner’s authorized representative believes that an employer has violated the requirements of section 88.4, of any standard, rule or rules promulgated pursuant to section 88.5, or of any regulations prescribed pursuant to this chapter, the commissioner shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the chapter, standard, rules or order alleged to have been violated. In addition, the citation shall fix a reasonable time for the abatement of the violation. The commissioner shall prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety and health.
b. If, upon inspection or investigation, the commissioner or the commissioner’s authorized representative believes that an employee, under the employee’s own volition, has violated the requirements of section 88.4, of any standard, rule or rules promulgated pursuant to section 88.5, or of any regulations prescribed pursuant to this chapter, the commissioner shall with reasonable promptness issue a citation to the employee. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the chapter, standard, rules, regulations or order alleged to have been violated. The commissioner shall prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety and health.
2. Posting of citation. Each citation issued under this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the commissioner, at or near each place a violation referred to in the citation occurred.
3. Statute of limitations. No citation may be issued under this section after the expiration of six months following the occurrence of any violation.
[C66, 71, §88A.15; C73, 75, 77, 79, 81, §88.7]
2018 Acts, ch 1041, §33
Referred to in §88.8, 88.14, 88.15
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.11 - Procedures to counteract imminent dangers.

88.11 Procedures to counteract imminent dangers.
1. Imminent danger orders. The district court of the county in which the imminent danger is alleged to exist shall have jurisdiction, upon petition of the commissioner, to restrain any conditions or practices in any place of employment which are such that a danger exists which will reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by this chapter. In the event the appropriate trial judge is not available, any judge of the judicial district in which such county is located shall have authority to issue orders under this section. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations, or where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner.
2. Imminent danger proceedings. Upon the filing of any such petition the said district court shall have jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter. The proceedings shall be as provided by the Iowa rules of civil procedure. No temporary restraining order issued without notice shall be effective for a period longer than five days.
3. Notification. Whenever and as soon as an inspector concludes that the conditions or practices described in subsection 1 of this section exist in any place of employment, the inspector shall inform the affected employees and employers of the danger and that the inspector is recommending to the commissioner that relief be sought. The commissioner shall adopt rules prescribing the procedures in enforcing imminent danger orders which procedures shall reasonably conform to those promulgated under the federal law insofar as the same do not conflict with state law.
4. Employee’s rights. If the commissioner arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured by reason of such failure, or the authorized employee representative, may bring an action against the said commissioner in the district court of the county in which the imminent danger is alleged to exist or in which the employer’s principal office is located, for a writ of mandamus to compel the commissioner to seek such an order and for such further relief as may be appropriate.
[C66, 71, §88A.17; C73, 75, 77, 79, 81, §88.11]
Referred to in §88.3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.12 - Confidentiality of trade secrets.

88.12 Confidentiality of trade secrets.
Notwithstanding any provisions of this chapter, all information reported to or otherwise obtained by the commissioner or the commissioner’s representative in connection with any inspection or proceeding under this chapter which contains or might reveal a trade secret shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant to any proceeding under this chapter. In any such proceeding the commissioner, the appeal board, or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.
[C73, 75, 77, 79, 81, §88.12]
Referred to in §88.14
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.13 - Variations, tolerances, and exemptions.

88.13 Variations, tolerances, and exemptions.
When the secretary grants variations, tolerances, and exemptions to avoid serious impairment of the national defense as provided under authority of section 16 of the federal law, the commissioner shall grant the same variations, tolerances, and exemptions in the Iowa law, rules and standards to be effective immediately.
[C73, 75, 77, 79, 81, §88.13]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.15 - Appeal procedures for employees.

88.15 Appeal procedures for employees.
In the event an employee is issued a citation as provided in section 88.7, the procedures for appeal as provided for employers in this chapter shall apply.
[C73, 75, 77, 79, 81, §88.15]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.16 - Training and employee and employer education.

88.16 Training and employee and employer education.
1. The commissioner shall conduct directly or by contract, educational programs to provide an adequate supply of qualified personnel to administer this chapter and informational programs on the importance of and proper use of adequate safety and health equipment.
2. The commissioner is authorized to conduct directly or by grants or contracts, short term training of personnel engaged in work related to the commissioner’s responsibilities under this chapter.
3. The commissioner shall provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance, and prevention of unsafe or unhealthful working conditions in employments covered by this chapter, and consult with and advise employers, employees, and organizations representing employers and employees, as to effective means of preventing occupational injuries and illnesses.
4. Notwithstanding chapter 22, consultation records prepared or obtained by the commissioner pursuant to this section and which relate to specific employers or specific workplaces shall be kept confidential. For purposes of this subsection, “consultation record” means a record created when an employer requests and receives from the labor commissioner direct assistance in the recognition and correction of workplace hazards.
[C73, 75, 77, 79, 81, §88.16]
98 Acts, ch 1105, §3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.17 - Representation in civil litigation.

88.17 Representation in civil litigation.
The attorney general of the state shall upon request by the commissioner represent the commissioner in any civil litigation brought under this chapter.
[C73, 75, 77, 79, 81, §88.17]
Referred to in §88.9
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.18 - Statistics.

88.18 Statistics.
In order to further the purposes of this chapter, the commissioner shall develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics. Such program may cover all employments whether or not subject to any other provisions of this chapter. The commissioner shall compile accurate statistics on work injuries and illnesses which shall include all disabling, serious, or significant injuries and illnesses, whether or not involving loss of time from work, other than minor injuries requiring only first aid treatment and which do not involve medical treatment, loss of consciousness, restriction of work or motion, or transfer to another job.
[C73, 75, 77, 79, 81, §88.18]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.19 - Annual report.

88.19 Annual report.
Within one hundred twenty days following the convening of each session of each general assembly, the commissioner shall prepare and submit to the governor for transmittal to the general assembly a report upon the subject matter of this chapter, the progress toward achievement of the purpose of this chapter, the needs and requirements in the field of occupational safety and health, and any other relevant information. The reports may include information regarding the following:
1. Occupational safety and health standards, and criteria for such standards, developed during the preceding year.
2. Evaluation of standards and criteria previously developed under this chapter, defining areas of emphasis for new criteria and standards.
3. Evaluation of the degree of observance of applicable occupational safety and health standards, and a summary of inspection and enforcement activity undertaken.
4. Analysis and evaluation of research activities for which results have been obtained under governmental and nongovernmental sponsorship.
5. An analysis of major occupational diseases.
6. Evaluation of available control and measurement technology for hazards for which standards or criteria have been developed during the preceding year.
7. A description of cooperative efforts undertaken between government agencies and other interested parties in the implementation of this chapter during the preceding year.
8. A progress report on the development of an adequate supply of trained personnel in the field of occupational safety and health, including estimates of future needs and the efforts being made by government and others to meet those needs.
9. A listing of all toxic substances in industrial usage for which labeling requirements, criteria, or standards have not yet been established.
10. Such recommendations for additional legislation as are deemed necessary to protect the safety and health of the worker and improve the administration of this chapter.
[C73, 75, 77, 79, 81, §88.19]
2007 Acts, ch 16, §1; 2010 Acts, ch 1015, §2; 2011 Acts, ch 25, §10; 2013 Acts, ch 30, §19
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88 - OCCUPATIONAL SAFETY AND HEALTH › Section 88.20 - Effect of chapter.

88.20 Effect of chapter.
Nothing in this chapter shall be construed to supersede or in any manner affect any workers’ compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or death of employees arising out of, or in the course of, employment.
[C73, 75, 77, 79, 81, §88.20]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.1 - Definitions.

88A.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Amusement device” means any equipment or piece of equipment, appliance or combination thereof designed or intended to entertain or amuse a person.
2. “Amusement ride” means any mechanized device or combination of devices which carries passengers along, around, or over a fixed or restricted course for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. “Amusement ride” does not include a device or structure that is devoted principally to exhibitions related to agriculture, the arts, education, industry, religion, or science.
3. “Carnival” means an enterprise offering amusement or entertainment to the public in, upon, or by means of amusement devices or rides or concession booths.
4. “Commissioner” means the labor commissioner or the labor commissioner’s designee.
5. “Concession booth” means a structure, or enclosure, used at more than one fair or carnival, or at one fair or carnival for more than seven consecutive days, from which amusements are offered to the public.
6. “Division” means the division of labor services of the department of workforce development created under section 84A.1.
7. “Fair” means an enterprise principally devoted to the exhibition of products of agriculture or industry in connection with the operation of amusement rides or devices or concession booths.
8. “Operator” means a person, or the agent of a person, who owns or controls or has the duty to control the operation of an amusement device or ride, a concession booth, or related electrical equipment at a carnival or fair. “Operator” includes an agency of the state or any of its political subdivisions.
9. “Parent or guardian” means a parent, custodian, or guardian or person responsible for the control, safety, training, or education of a rider who is a minor or person with a disability.
10. “Related electrical equipment” means any electrical apparatus or wiring used at a carnival or fair.
11. “Rider” means a person waiting in the immediate vicinity of an amusement ride to get on the amusement ride, getting on an amusement ride, using an amusement ride, getting off an amusement ride, or leaving an amusement ride and still in the immediate vicinity of the amusement ride. “Rider” does not include an employee, agent, or servant of the amusement ride owner while engaged in the duties of their employment.
12. “Sign” means any symbol or language reasonably calculated to communicate information to a rider or the rider’s parent or guardian, including placards, prerecorded messages, live public address, stickers, pictures, pictograms, video, verbal information, and visual signals.
[C73, 75, 77, 79, 81, §88A.1]
86 Acts, ch 1245, §915; 90 Acts, ch 1136, §2; 96 Acts, ch 1186, §23; 98 Acts, ch 1135, §1, 2, 7; 99 Acts, ch 96, §8
Referred to in §135.185
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.2 - Permit required.

88A.2 Permit required.
1. No amusement device or ride, concession booth, or any related electrical equipment shall be operated at a carnival or fair in this state without a permit having been issued by the commissioner to an operator of such equipment. On or before the first of May of each year, any person required to obtain a permit by this chapter shall apply to the division for a permit on a form furnished by the commissioner which form shall contain such information as the commissioner may require. The commissioner may waive the requirement that an application for a permit must be filed on or before the first of May of each year if the applicant gives satisfactory proof to the commissioner that the applicant could not reasonably comply with the date requirement and if the applicant immediately applies for a permit after the need for a permit is first determined. For the purpose of determining if an amusement ride, amusement device, concession booth, or any related electrical equipment is in safe operating condition and will provide protection to the public using such ride, device, booth, or related electrical equipment, each amusement ride, amusement device, concession booth, or related electrical equipment shall be inspected by the commissioner before it is initially placed in operation in this state, and shall thereafter be inspected at least once each year.
2. If, after inspection, an amusement device or ride, concession booth, or related electrical equipment is found to comply with the rules adopted under this chapter, the commissioner shall, upon payment of the permit fee and the inspection fee, permit the operation of the amusement device or ride or concession booth or to use any related electrical equipment.
3. If, after inspection, additions or alterations are contemplated which change a structure, mechanism, classification, or capacity, the operator shall notify the commissioner of the operator’s intentions in writing and provide any plans or diagrams requested by the commissioner.
[C73, 75, 77, 79, 81, §88A.2]
2017 Acts, ch 54, §76
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.3 - Rules.

88A.3 Rules.
1. The commissioner shall adopt rules pursuant to chapter 17A for the safe installation, repair, maintenance, use, operation, and inspection of amusement devices, amusement rides, concession booths, and related electrical equipment at carnivals and fairs to the extent necessary for the protection of the public. The rules shall be based on generally accepted engineering standards and shall be concerned with, but not necessarily limited to, engineering force stresses, safety devices, and preventive maintenance. If standards are available in suitable form, the standards may be incorporated by reference. The rules shall provide for the reporting of accidents and injuries incurred from the operation of amusement devices or rides, concession booths, or related electrical equipment.
2. The commissioner may modify or repeal any rule adopted under the provisions of this chapter.
[C73, 75, 77, 79, 81, §88A.3]
88 Acts, ch 1042, §2; 2008 Acts, ch 1056, §1; 2018 Acts, ch 1041, §34
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.4 - Permit and inspection fees.

88A.4 Permit and inspection fees.
Annual inspection fees under this chapter shall be as follows:
1. Permit fees.
a. One through ten rides, or devices or concessions, thirty dollars.
b. Eleven or more rides, or devices or concessions, forty dollars.
2. Mechanical and electrical inspection fees for amusement rides and devices.
a. For rides which are designed for seventy-five pounds or less per passenger unit, seventy-five dollars for each inspection.
b. For rides which are designed for seventy-five pounds or more and for which the manufacturer’s recommended assembly time is less than forty work hours, one hundred ten dollars for each inspection.
c. For rides for which the manufacturer’s recommended assembly time is forty work hours or more, two hundred fifty dollars for each inspection.
3. Electrical inspection of concession booths, and amusement devices fees, forty dollars each.
[C73, 75, 77, 79, 81, §88A.4]
92 Acts, ch 1098, §2; 2008 Acts, ch 1056, §2, 3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.5 - Fees to general fund.

88A.5 Fees to general fund.
All fees collected by the division under the provisions of this chapter shall be transmitted to the treasurer of state and credited by the treasurer to the general fund of the state.
[C73, 75, 77, 79, 81, §88A.5]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.6 - Personnel.

88A.6 Personnel.
The commissioner may employ inspectors and any other personnel deemed necessary to carry out the provisions of this chapter, subject to the provisions of chapter 8A, subchapter IV.
[C73, 75, 77, 79, 81, §88A.6]
2003 Acts, ch 145, §160
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.7 - Cessation order.

88A.7 Cessation order.
The commissioner may order, in writing, a temporary cessation of operation of any amusement device or ride, concession booth, or related electrical equipment if it has been determined after inspection to be hazardous or unsafe. Operation of the amusement device or ride, concession booth or related electrical equipment shall not resume until the unsafe or hazardous condition is corrected to the satisfaction of the commissioner.
[C73, 75, 77, 79, 81, §88A.7]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.8 - Judicial review.

88A.8 Judicial review.
Judicial review of action of the commissioner may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
[C73, 75, 77, 79, 81, §88A.8]
2003 Acts, ch 44, §114
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.9 - Insurance.

88A.9 Insurance.
No person shall be issued a permit under this chapter unless the person first obtains an insurance policy in an amount of not less than one million dollars for bodily injury, death, or property damage in any one occurrence.
[C73, 75, 77, 79, 81, §88A.9]
2009 Acts, ch 85, §1
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.10 - Penalties.

88A.10 Penalties.
1. Any person who operates an amusement device or ride, concession booth or related electrical equipment at a carnival or fair without having obtained a permit from the commissioner or who violates any order or rule issued by the commissioner under this chapter is guilty of a serious misdemeanor.
2. A person who interferes with, impedes, or obstructs in any manner the commissioner in the performance of the commissioner’s duties under this chapter is guilty of a simple misdemeanor. A person who bribes or attempts to bribe the commissioner is subject to section 722.1.
3. A person who fails to obey a safety-related requirement listed on a sign displayed at an amusement ride pursuant to section 88A.16, subsection 2, is subject to a civil penalty of one hundred dollars.
[C73, 75, 77, 79, 81, §88A.10]
87 Acts, ch 111, §7; 98 Acts, ch 1135, §3, 7
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.11 - Exemptions.

88A.11 Exemptions.
The following amusement devices or rides or concession booths are exempt from the provisions of this chapter:
1. Nonmechanized playground equipment including, but not limited to, swings, seesaws, stationary spring-mounted animal features, rider-propelled merry-go-rounds, climbers, slides, trampolines, swinging gates and physical fitness devices except where an admission fee is charged for usage or an admission fee is charged to areas where such equipment is located.
2. A concession booth, amusement device or ride which is owned and operated by a nonprofit religious, educational or charitable institution or association if such booth, device or ride is located within a building subject to inspection by the state fire marshal or by any political subdivisions of the state under its building, fire, electrical, and related public safety ordinances.
3. The commissioner may exempt amusement devices from the provisions of this chapter that have self-contained wiring installed by the manufacturer, that are operated manually by the use of hands or feet, that operate on less than one hundred twenty volts of electrical power, and that are fixtures or appliances within or part of a structure subject to the building code of this state or any political subdivision of this state.
4. The commissioner may exempt playground equipment owned, maintained, and operated by any political subdivision of this state.
5. Vessels inspected by officers appointed by the director of the department of natural resources under chapter 462A.
[C73, 75, 77, 79, 81, §88A.11; 82 Acts, ch 1028, §1]
97 Acts, ch 40, §2
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.12 - Local regulation.

88A.12 Local regulation.
Nothing contained in this chapter shall prevent any political subdivision of this state from licensing or regulating any amusement ride or device, concession booth, electrical equipment, carnival, or circus as otherwise provided by law.
[C73, 75, 77, 79, 81, §88A.12]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.13 - Waiver of inspection.

88A.13 Waiver of inspection.
The commissioner may waive the requirement that an amusement device or ride or any part thereof be inspected before being operated in this state if an operator gives satisfactory proof to the commissioner that the amusement device or ride or any part thereof has passed an inspection conducted by a public or private agency whose inspection standards and requirements are at least equal to those requirements and standards established by the commissioner under the provisions of this chapter. The annual permit and inspection fees shall be paid before the commissioner may waive this requirement.
[C73, 75, 77, 79, 81, §88A.13]
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.14 - Injunction.

88A.14 Injunction.
In addition to any and all other remedies, if an owner, operator, or person in charge of any amusement device or ride, concession booth, or related electrical equipment covered by this chapter, continues to operate any amusement device or ride, concession booth, or related electrical equipment covered by this chapter, after receiving a notice of defect as provided by this chapter, without first correcting the defects or making replacements, the commissioner may petition the district court in equity, in an action brought in the name of the state, for a writ of injunction to restrain the use of the alleged defective amusement device or ride, concession booth, or related electrical equipment.
88 Acts, ch 1042, §3
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.16 - Notice to riders.

88A.16 Notice to riders.
1. An operator shall display signs indicating the applicable rider safety responsibilities provided in section 88A.15 and the location of stations to report injuries. The signs must be located in all of the following locations:
a. Each station for reporting an injury.
b. Each first aid station.
c. Any of the following locations:
(1) At least two other locations on the premises, including any premises entrance or exit most commonly used by riders, if there are no more than four entrances or exits for riders.
(2) At least four other locations on the premises, including the four premises entrances and exits most commonly used by riders, if there are more than four entrances and exits for riders.
(3) Every amusement ride.
2. An operator shall post a sign at each amusement ride. Any sign required by this subsection must be prominently displayed at a conspicuous location, clearly visible to the public, and bold and legible in design. The sign must include all of the following that apply:
a. Operational instructions.
b. Safety guidelines for riders.
c. Restrictions on the use of the amusement ride.
d. Behavior or activities that are prohibited.
e. A legend stating the following:
State law requires riders to obey all warnings and directions for this amusement ride and behave in a manner that will not cause or contribute to the injury of themselves or others. Riders must report injuries prior to leaving the premises. Failure to comply is punishable by fine.
98 Acts, ch 1135, §5, 7; 2019 Acts, ch 24, §14
Referred to in §88A.10, 88A.17
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.17 - Construction.

88A.17 Construction.
Sections 88A.15 and 88A.16 shall not be construed to preclude a criminal prosecution or civil action available under any other provision of law.
98 Acts, ch 1135, §6, 7
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88A - SAFETY INSPECTION OF AMUSEMENT RIDES › Section 88A.18 - Amusement ride attendants — minimum age — training.

88A.18 Amusement ride attendants — minimum age — training.
1. An attendant who controls patron restraints or the operation, starting, stopping, or speed of an amusement ride shall be at least sixteen years of age.
2. An operator shall require that a person complete training as provided in this subsection prior to beginning work as an attendant. The training shall consist of, at minimum, the following topics:
a. The operating procedures specific to any amusement ride the attendant will control, including the specific duties applicable to each of the amusement ride’s assigned positions.
b. The general procedures of the carnival or fair.
c. The general safety procedures, and safety procedures specific to any amusement ride the attendant will control, that the attendant must follow in the event of an unusual condition, interruption in operation, injury, emergency, or evacuation.
2021 Acts, ch 71, §1; 2021 Acts, ch 174, §42 – 44
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88B - ASBESTOS REMOVAL AND ENCAPSULATION › Section 88B.1 - Definitions.

88B.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Asbestos project” means an activity involving the removal or encapsulation of asbestos and affecting a building or structure. “Asbestos project” includes the preparation of the project site and all activities through the transportation of the asbestos-containing materials off the premises. “Asbestos project” includes the removal or encapsulation of building materials containing asbestos from the site of a building or structure renovation, demolition, or collapse.
2. “Business entity” means a partnership, firm, association, corporation, sole proprietorship, or other business concern.
3. “Commissioner” means the labor commissioner or the commissioner’s designee.
4. “Division” means the division of labor services of the department of workforce development created under section 84A.1.
5. “License” means an authorization issued by the division permitting an individual person, including a supervisor or contractor, to work on an asbestos project, to inspect buildings for asbestos-containing building materials, to develop management plans, and to act as an asbestos project designer.
6. “Permit” means an authorization issued by the division permitting a business entity to remove or encapsulate asbestos.
7. “Public or commercial building” means a building that is not a residential apartment building of fewer than ten units or a school building.
84 Acts, ch 1062, §1; 86 Acts, ch 1245, §916; 89 Acts, ch 38, §1; 96 Acts, ch 1074, §1; 96 Acts, ch 1186, §23; 2007 Acts, ch 125, §1
2023 Iowa Code › Title III - PUBLIC SERVICES AND REGULATION › Chapter 88B - ASBESTOS REMOVAL AND ENCAPSULATION › Section 88B.2 - Jurisdiction of other agencies.

88B.2 Jurisdiction of other agencies.
This chapter shall not be construed to prevent the department of natural resources from implementing and enforcing the federal national emission standard for asbestos under
40 C.F.R. pt. 61, subpt. M
, and other relevant provisions of environmental law.
2007 Acts, ch 125, §3