reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 8 - Consultative Services › Rule 875-8.3 - Requesting and Scheduling of On-site Consultation Visit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Employer requests.
On-site consultation shall be provided only upon the request of the employer
				and shall not result from the enforcement of any right of entry under law. An
				employer in a small, high-hazard establishment is encouraged to include within
				the scope of the request all working conditions at the work site and the
				employer's entire safety and health program. Any employer may specify a more
				limited scope for the visit by indicating working conditions, hazards, or
				situations on which on-site consultation will be focused. When limited requests
				are made, the consultant shall limit review and provide assistance only with
				respect to the specified working conditions, hazards, or situations. However,
				if in the course of the on-site visit the consultant observes hazards that are
				outside the scope of the request, the consultant shall treat the hazards as
				though they were within the scope of the request.
(2)
Relationship to
				enforcement.
An employer may request on-site consultation to assist in
				the abatement of hazards cited during an enforcement inspection. However,
				on-site consultation may not take place after an enforcement inspection imtil
				the conditions set forth in 8.7(2)
"c"
have been met.
(3)
Scheduling priority.
Scheduling priorities shall be in accordance with the federal Consultation
				Policy and Procedures Manual.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 8 - Consultative Services › Rule 875-8.6 - Conducting a Visit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Preparation.
a. The
				consultant shall conduct an on-site consultation visit only after appropriate
				preparation. Prior to the visit, the consultant shall become familiar with as
				many factors concerning the establishment's operation as possible. The
				consultant shall review all applicable codes and standards. In addition, the
				consultant shall ensure that all necessary technical and personal protective
				equipment is available and functioning properly.
b. If a request is made during a promotional
				visit and the conditions of 8.6(1) "a" are met, a consultant may perform
				on-site consultation activities immediately.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.1 - Introductory Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				Occupational Safety and Health Act, Iowa Code chapter 88, hereinafter referred
				to as the Act, is designed to regulate employment conditions relating to
				occupational safety and health and to achieve safer and healthier workplaces
				throughout the state. By the terms of the Act, every person engaged in a
				business, the state of Iowa and its various departments and agencies and any
				political subdivision of the state, who have employees is required to furnish
				each of its employees employment and a place of employment free from recognized
				hazards that are causing or likely to cause death or serious physical harm,
				and, further, to comply with occupational safety and health standards
				promulgated under the Act.
(2)
				Employees and representatives of employees are afforded a wide range of
				substantive and procedural rights under the Act. Moreover, effective
				implementation of the Act and achievement of its goals depend in large part
				upon the active but orderly participation of employees, individually and
				through their representatives, at every level of safety and health
				activity.
(3) This chapter deals
				essentially with the rights of employees afforded imder Iowa Code section
				88.9(3).
				Iowa Code section
				88.9(3)
				 prohibits reprisals, in any form, against
				employees who exercise rights under the Act.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.2 - Purpose of This Chapter

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to make available in one place
				  interpretations of the various provisions of Iowa Code section
				  88.9(3),
				  which will guide the commissioner of labor in the performance of
				  duties.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.3 - General Requirements of Iowa Code Section 88.9 (3)

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				  88.9(3) 
				  provides in general that no person shall discharge or in any manner
				  discriminate against any employee because the employee has:
1. Filed any complaint under or related to
				the Act;
2. Instituted or caused to
				be instituted any proceeding under or related to the Act;
3. Testified or is about to testify in any
				proceeding under the Act or related to the Act; or
4. Exercised on the employee's own behalf or
				on behalf of others any right afforded by the Act. Any employee who believes
				that the employee has been discriminated against in violation of Iowa Code
				section 88.9(3)  may,
				within 30 days after such violation occurs, lodge a complaint with the
				commissioner of labor alleging the violation. The commissioner shall then cause
				an appropriate investigation to be made. If, as a result of the investigation,
				the commissioner determines that the provisions of Iowa Code section
				88.9(3)  have
				been violated, civil action may be instituted in any appropriate district
				court, to restrain violations of Iowa Code section 88.9(3) and to obtain other
				appropriate relief, including rehiring or reinstatement of the employee to the
				former position with backpay. Iowa Code section
				88.9(3) 
				further provides for notification of complainants by the commissioner of
				determinations made pursuant to their complaints.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.4 - Persons Prohibited From Discriminating

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				  88.9(3) 
				  provides that a person shall not discharge or in any manner discriminate
				  against an employee because the employee has exercised rights under the Act.
				  Iowa Code section 88.3(9) 
				  defines "person" as "one or more individuals, partnerships, associations,
				  corporations, business trusts, legal representatives, or any organized group of
				  persons." Consequently, the prohibitions of Iowa Code section
				  88.9(3)  are
				  not limited to actions taken by employers against their own employees. A person
				  may be chargeable with discriminatory action against an employee of another
				  person. Iowa Code section
				  88.9(3)  would
				  extend to such entities as organizations representing employees for collective
				  bargaining purposes, employment agencies, or any other person in a position to
				  discriminate against an employee.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.5 - Persons Protected by Iowa Code Section 88.9 (3)

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All
				employees are afforded the full protection of Iowa Code section
				88.9(3). For
				purposes of the Act, an employee is defined as "an employee of an employer who
				is employed in a business of his employer."
(2) Reserved.
This rule is intended to implement Iowa Code section
				  88.9(3).
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.6 - Unprotected Activities Distinguished

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Actions
				taken by an employer, or others, which adversely affect an employee may be
				predicated upon nondiscriminatory grounds. The proscriptions of Iowa Code
				section 88.9(3)  apply
				when the adverse action occurs because the employee has engaged in protected
				activities. An employee's engagement in activities protected by the Act does
				not automatically render the employee immune from discharge or discipline for
				legitimate reasons, or from adverse action dictated by nonprohibited
				considerations.
(2) At the same
				time, to establish a violation of Iowa Code section
				88.9(3), the
				employee's engagement in protected activity need not be the sole consideration
				behind discharge or other adverse action. If protected activity was a
				substantial reason for the action, or if the discharge or other adverse action
				would not have taken place "but for" engagement in protected activity, Iowa
				Code section 88.9(3)  has
				been violated. Ultimately, the issue as to whether a discharge was because of
				protected activity will have to be determined on the basis of the facts in the
				particular case.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.9 - Complaints Under or Related to the Act

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discharge of, or discrimination against,
				an employee because the employee has filed "any complaint... under or related
				to this Act..." is prohibited by Iowa Code section
				88.9(3).
				An example of a complaint made "imder" the Act would be an employee request for
				inspection pursuant to Iowa Code section
				88.6(5).
				However, this would not be the only type of complaint protected by Iowa Code
				section
				88.9(3).
				The range of complaints "related to" the Act is commensurate with the broad
				remedial purposes of this legislation and the sweeping scope of its
				application.
(2) Complaints
				registered with other governmental agencies which have the authority to
				regulate or investigate occupational safety and health conditions are
				complaints "related to" this Act. These types of complaints, however, must
				relate to conditions at the workplace, as distinguished from complaints
				touching only upon general public safety and health.
(3) Further, the salutary principles of the
				Act would be seriously undermined if employees were discouraged from lodging
				complaints about occupational safety and health matters with their employers.
				Such complaints to employers, if made in good faith, therefore would be related
				to the Act, and an employee would be protected against discharge or
				discrimination caused by a complaint to the employer
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.10 - Proceedings Under or Related to the Act

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Discharge
				of, or discrimination against, any employee because the employee has
				"instituted or caused to be instituted any proceeding under or related to this
				Act" is also prohibited by Iowa Code section
				88.9(3).
				Examples of proceedings which could arise specifically under the Act would be
				inspections of workplaces under Iowa Code section
				88.6, an employee contest of an
				abatement date under Iowa Code section
				88.8(3), an
				employee application for modification or revocation of a variance under Iowa
				Code section 88.5 and an employee appeal of
				an order of the employment appeal board under Iowa Code section
				88.9(1). In
				determining whether a "proceeding" is "related to" the Act, the considerations
				discussed in rule 875-9.9(88) would also be applicable.
(2) An employee need not directly institute
				the proceedings. It is sufficient if the employee sets into motion activities
				of others which result in proceedings under or related to the Act.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.11 - Testimony

Current through Register Vol. 47, No. 3, July 24, 2024
Discharge of, or discrimination against, any employee because
				  the employee "has testified or is about to testify" in proceedings under or
				  related to the Act is also prohibited by Iowa Code section
				  88.9(3).
				  This protection would of course not be limited to testimony in proceedings
				  instituted or caused to be instituted by the employee, but would extend to any
				  statements given in the course of judicial, quasi-judicial, and administrative
				  proceedings, including inspections, investigations, and administrative rule
				  making or adjudicative functions. If the employee is giving or is about to give
				  testimony in any proceeding imder or related to the Act, the employee would be
				  protected against discrimination resulting from such
				  testimony.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.15 - Filing of Complaint for Discrimination

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A complaint
				of Iowa Code section 88.9(3) 
				discrimination may be filed by the employee, or by a representative authorized
				to do so on the employee's behalf. No particular form of complaint is required.
				A complaint should be filed with the commissioner of labor.
(2) Iowa Code section 88.9(3) provides that
				an employee who believes discriminatory actions have occurred in violation of
				Iowa Code section 88.9(3)  "may,
				within [30] days after such violation occurs," file a complaint with the
				commissioner. The major purpose of the 30-day period in this provision is to
				allow the commissioner to decline to entertain complaints which have become
				stale. Accordingly, complaints not filed within 30 days of an alleged violation
				will ordinarily be presumed to be untimely. However, there may be circumstances
				which would justify tolling of the 30-day period on recognized equitable
				principles or because of strongly extenuating circumstances, e.g., where the
				employer has concealed, or misled the employee regarding the grounds for
				discharge or other adverse action or where the discrimination is in the nature
				of a continuing violation. The pendency of grievance-arbitration proceedings or
				filing with another agency, among others, are circumstances which do not
				justify tolling of the 30-day period. In the absence of circumstances
				justifying a tolling of the 30-day period, untimely complaints will not be
				processed.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.16 - Notice of Determination

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa Code section
				  88.9(3) 
				  provides that within 90 days of the filing of a complaint, the commissioner is
				  to notify a complainant whether prohibited discrimination occurred. This 90-day
				  provision is considered to be directory in nature. While every effort will be
				  made to notify complainants of the commissioner's determination within 90 days,
				  there may be instances when it is not possible to meet the directory period set
				  forth in Iowa Code section
				  88.9(3).
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.17 - Withdrawal of Complaint

Current through Register Vol. 47, No. 3, July 24, 2024
Enforcement of the provisions of Iowa Code section
				  88.9(3)
				   is not only a matter of protecting rights of
				  individual employees, but also of public interest. Attempts by an employee to
				  withdraw a previously filed complaint will not necessarily result in
				  termination of the commissioner's investigation. The commissioner's
				  jurisdiction cannot be foreclosed as a matter of law by unilateral action of
				  the employee. However, a voluntary and uncoerced request from a complainant to
				  withdraw the complaint will be given careful consideration and substantial
				  weight as a matter of policy and sound enforcement procedure.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.18 - Arbitration or Other Agency Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An employee
				who files a complaint under Iowa Code section
				88.9(3)  of the
				Act may also pursue remedies under grievance arbitration proceedings in
				collective bargaining agreements. In addition, the complainant may concurrently
				resort to other agencies for relief, such as the National Labor Relations Board
				or the department of administrative services. The commissioner's jurisdiction
				to entertain Iowa Code section
				88.9(3) 
				complaints, to investigate, and to determine whether discrimination has
				occurred, is independent of the jurisdiction of the other agencies or bodies.
				The commissioner may file action in district court regardless of the pendency
				of other proceedings. However, the commissioner also recognizes the policy
				favoring voluntary resolution of disputes under proceedings in collective
				bargaining agreements. By the same token, due deference should be paid to the
				jurisdiction of other forums established to resolve disputes which may also be
				related to Iowa Code section 88.9(3) complaints. Where a complainant is in fact
				pursuing remedies other than those provided by Iowa Code section
				88.9(3),
				postponement of the commissioner's determination and deferral to the results of
				such proceedings may be in order.
(2) Postponement of determination would be
				justified where the rights asserted in other proceedings are substantially the
				same as rights under Iowa Code section
				88.9(3)  and
				those proceedings are not likely to violate the rights guaranteed by Iowa Code
				section 88.9(3). The
				factual issues in such proceedings must be substantially the same as those
				raised by an Iowa Code section
				88.9(3) 
				complaint, and the forum hearing the matter must have the power to determine
				the ultimate issue of discrimination.
(3) A determination to defer to the outcome
				of other proceedings initiated by a complainant must necessarily be made on a
				case-to-case basis, after careful scrutiny of all available information. Before
				deferring to the results of other proceedings, it must be clear that those
				proceedings dealt adequately with all factual issues, that the proceedings were
				fair, regular, and free of procedural infirmities, and that the outcome of the
				proceedings was not repugnant to the purpose and policy of the Act. In this
				regard, if such other actions initiated by a complainant are dismissed without
				adjudicatory hearing thereof, the dismissal will not ordinarily be regarded as
				determinative of the Iowa Code section 88.9(3) complaint.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.21 - Walkaround Pay Disputes

Current through Register Vol. 47, No. 3, July 24, 2024
An employer's failure to pay employees for time during which
				  they are engaged in walkaround inspections, or in other inspection-related
				  activities, such as responding to questions of compliance officers, or
				  participating in the opening and closing conferences, is discriminatory under
				  Iowa Code section 88.9(3)  so
				  long as neither the number of employees participating nor the time required to
				  express employee concerns is excessive. An authorized employee representative
				  shall be given the opportunity to accompany on the physical inspection pursuant
				  to Iowa Code section 88.6(4)  and
				  rule 875-3.6 (88).
This rule is intended to implement Iowa Code section
				  88.9(3).
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 9 - Discrimination Against Employees › Rule 875-9.22 - Employee Refusal to Comply With Safety Rules

Current through Register Vol. 47, No. 3, July 24, 2024
Employees who refuse to comply with occupational safety and
				  health standards or valid safety rules implemented by the employer in
				  furtherance of the Act are not exercising any rights afforded by the Act.
				  Disciplinary measures taken by employers solely in response to employee refusal
				  to comply with appropriate safety rules and regulations will not ordinarily be
				  regarded as discriminatory action prohibited by Iowa Code section
				  88.9(3). This
				  situation should be distinguished from refusals to work, as discussed in rule
				  875-9.12 (88).
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 10 - General Industry Safety and Health Rules › Rule 875-10.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in these rules, unless the context clearly requires
				  otherwise:
"Part"
means 875-Chapter 10, Iowa
				  Administrative Code.
"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.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 10 - General Industry Safety and Health Rules › Rule 875-10.2 - Applicability of Standards

Current through Register Vol. 47, No. 3, July 24, 2024
(1) None of the
				standards in this chapter shall apply to working conditions of employees with
				respect to which federal agencies other than the United States Department of
				Labor, exercise statutory authority to prescribe or enforce standards or
				regulations affecting occupational safety or health.
(2) If a particular standard is specifically
				applicable to a condition, practice, means, method, operation, or process, it
				shall prevail over any different general standard which might otherwise be
				applicable to the same condition, practice, means, method, operation, or
				process.
(3) However, any standard
				shall apply according to its terms to any employment and place of employment in
				any industry, even though particular standards are also prescribed for the
				industry, as in 1910.12,1910.261,1910.262,1910.263,1910.264,1910.265,1910.266,
				and 1910.268 of 29 CFR
				1910, to the extent that none of such
				particular standards applies.
(4)
				In the event a standard protects on its face a class of persons larger than
				employees, the standard shall be applicable under this part only to employees
				and their employment and places of employment.
(5) An employer who is in compliance with any
				standard in this part shall be deemed to be in compliance with the requirement
				of Iowa Code section 88.4, but only to the extent of
				the condition, practice, means, method, operation or process covered by the
				standard.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 10 - General Industry Safety and Health Rules › Rule 875-10.3 - Incorporation by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
The standards of agencies of the U.S. Government, and
				  organizations which are not agencies of the U.S. Government which are
				  incorporated by reference in this chapter have the same force and effect as
				  other standards in this chapter Only mandatory provisions (i.e., provisions
				  containing the word "shall" or other mandatory language) of standards
				  incorporated by reference are adopted under the Act.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 10 - General Industry Safety and Health Rules › Rule 875-10.7 - Definitions and Requirements for a Nationally Recognized Testing Laboratory

Current through Register Vol. 47, No. 3, July 24, 2024
The federal regulations adopted at 29 CFR, Chapter XVII, Part
				  1910, regulation 1910.7 and Appendix A, as published at 53 Fed. Reg. 12120
				  (April 12, 1988) and amended at 53 Fed. Reg. 16838 (May 11, 1988), 54 Fed. Reg.
				  24333 (June 7, 1989) and 65 Fed. Reg. 46818 (July 31, 2000) are adopted by
				  reference.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 10 - General Industry Safety and Health Rules › Rule 875-10.12 - Construction Work

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Standards.
The standards prescribed in 875-Chapter 26 are
				adopted as occupational safety and health standards and shall apply, according
				to the provisions thereof, to every employment and place of employment of every
				employee engaged in construction work. Each employer shall protect the
				employment and places of employment of each employee engaged in construction
				work by complying with the provisions of 875-Chapter 26.
(2)
Definition.
For the
				purpose of this rule, "construction work" means work for construction,
				alteration, or repair including painting and redecorating, and where
				applicable, the erection of new electrical transmission and distribution lines
				and equipment, and the alteration, conversion, and improvement of the existing
				transmission and distribution lines and equipment. This incorporation by
				reference of 875-Chapter 26 (Part 1926) is not intended to include references
				to interpretative rules having relevance to the application of the construction
				safety Act, but having no relevance to the application of Iowa Code chapter
				88.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 26 - Construction Safety and Health Rules › Rule 875-26.2 - Beryllium Exposure Limits

Current through Register Vol. 47, No. 3, July 24, 2024
Effective May 11, 2018, the eight-hour time-weighted average
				  permissible exposure limit for beryllium is 0.2 micrograms per cubic liter, and
				  the short-term exposure limit for beryllium is 2.0 micrograms per cubic meter
				  over a 15-minute sampling period.
This rule is intended to implement Iowa Code section
				  88.5.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 28 - Occupational Safety and Health Standards for Agriculture › Rule 875-28.1 - Adoption by Reference

Current through Register Vol. 47, No. 3, July 24, 2024
Rules 1928.1, 1928.21, 1928.51-1928.53 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.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 29 - Sanitation and Shelter Rules for Railroad Employees › Rule 875-29.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used herein or in connection with these rules, the
				  following terms shall mean:
(1)
Bunk or section house.
Any building or portion thereof,
				excepting a family dwelling, in which persons employed by railroad companies
				are furnished sleeping or living accommodations.
(2)
Caboose.
Any car or
				coach used on a train to carry the train crew.
(3)
Camp car.
Any group of
				sleeping, dining, kitchen or recreation cars, on or off rail, furnished for the
				use of any one gang or group of employees.
(4)
Commissioner
The labor
				commissioner
(5)
Company.
A common carrier railroad company as an employer
(6)
Employee.
Any person
				employed by a company to which these rules apply.
(7)
Dressing room.
A room
				used by employees either as a dressing room, or as a rest room, or for both
				purposes.
(8)
Number of
				employees.
Unless otherwise specified, the maximum number of employees
				going on or coming off shift within any single hour
(9)
Railroads.
Common
				carrier railroads.
(10)
Sanitary.
Free from or effective in preventing or checking
				agencies injurious to health, especially filth and infection.
(11)
Station.
A location
				where freight or passenger traffic is ordinarily received and delivered and at
				which an employee is regularly assigned for duty.
(12)
Terminal.
A location
				where engine and train crews in yard and train service and switchmen, switch
				tenders and car clerks are regularly required to report for or relieved from
				duty.
(13)
Toilets.
Fixtures such as flush toilets, chemical closets,
				incinerator type toilets, or privies for the purpose of defecation, unless
				otherwise specified.
(14)
Usual place of employment.
The place where an employee works
				with a reasonable measure of continuity throughout the major part of company
				service.
(15)
Yards.
Yards, section headquarters, locomotive and car
				shops.
(16)
office work
				area.
A yard office, station, depot, terminal, or freight, baggage and
				express office which is a permanent or semipermanent stationary facility
				located on railroad property and a usual place of employment for the
				performance of clerical or work concerned with or identified with the office
				functions of the company.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 29 - Sanitation and Shelter Rules for Railroad Employees › Rule 875-29.2 - Water Supply

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General specifications.
Water supplied for domestic and
				drinking purposes under these regulations shall meet the standards of the Iowa
				department of public health. Cross-connections between a potable and nonpotable
				water supply are prohibited.
(2)
Drinking water
a. An
				adequate supply of cool, clean, sanitary water, satisfactory for drinking
				purposes, shall be made available to all employees. Drinking water shall be
				obtained only from sources approved by the state department of health or an
				approved water line.
b. When
				necessary, this water shall be provided in suitable, clean, sterilized and
				sanitary containers conveniently placed for the use of employees, but not in
				toilet rooms. Each container shall be equipped with an approved type of
				fountain, approved faucet or other approved dispenser
c. All containers used to furnish drinking
				water shall be thoroughly cleansed and sterilized as often as necessary to
				ensure a clean and sanitary water supply.
d. The common drinking cup for public use is
				prohibited; either single-service containers or drinking fountains with
				sanitary angle head shall be used in lieu thereof
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 29 - Sanitation and Shelter Rules for Railroad Employees › Rule 875-29.3 - Toilets

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
a. Where running
				water and sewer or septic tank connections are reasonably available, flush-type
				toilets and urinals shall be maintained.
b. Chemical toilets or privies may only be
				used where it is impractical to install inside toilet or urinal
				facilities.
c. No privy, urinal,
				cesspool, septic tank or other receptacle for human excrement shall be
				constructed, maintained or used, except those maintained on moving equipment,
				which directly or indirectly drains or discharges over, into or upon the
				surface of the grounds, or into the waters of the state, either directly or
				indirectly, unless the contents of such urinal, cesspool, septic tank or
				receptacle for human excrement are subjected to some recognized sterilization
				treatment approved by the Iowa department of public health.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 29 - Sanitation and Shelter Rules for Railroad Employees › Rule 875-29.4 - Eating Places and Lunchrooms

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eating places.
a. Whenever
				practicable and at all permanent and semipermanent installations, an acceptable
				place, maintained in clean and sanitary condition, with adequate space for
				eating meals shall be provided for employees who bring their meals to their
				place of employment, or eat their meals prepared at the camp
				facilities.
b. Eating places shall
				be so constructed as to permit their being readily cleaned, and they shall be
				kept clean, in good repair and free of rodents, insects and vermin.
c. Kitchen cars or other camp facilities
				shall have adequate equipment for the sanitary preparation, cooking and
				refrigeration of food.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 29 - Sanitation and Shelter Rules for Railroad Employees › Rule 875-29.5 - Sleeping Accommodations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Running facilities.
Camp cars, other than passenger coaches,
				furnished for sleeping purposes, shall provide at least 50 square feet of floor
				space for each person with a ceiling height of not less than 7 feet, except
				where double bunks are used, at least 30 square feet of floor space shall be
				provided for each person so accommodated. Where passenger coaches are
				furnished, the division of labor services may designate the number of persons
				to be housed in each coach.
a. Walls, floors
				and ceilings shall be so constructed as to permit them to be readily
				cleaned.
b. Exterior windows and
				doors shall be weather stripped during the cold weather
c. Screens shall be provided during the
				season when insects are prevalent for outer doors and windows.
d. Heating facilities and adequate fuel shall
				be provided with which employees may maintain a comfortable temperature as
				weather conditions may require.
e.
				Lighting by windows or acceptable artificial illumination shall be
				provided.
f.Ventilation shall be
				provided by windows opening directly to the outside air.
g. Beds, bunks or cots with proper mattresses
				shall be provided. Such beds, bunks or cots shall be raised at least 12 inches
				above the floor and be located 2 feet or more from the side of any other bed,
				bunk or cot located in the same room, and have at least 27 inches of clear
				space above it.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 29 - Sanitation and Shelter Rules for Railroad Employees › Rule 875-29.6 - Cleanliness and Maintenance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General specifications.
a.
				The company shall provide for the cleanliness and maintenance of the
				facilities, fixtures and appurtenances referred to in these regulations. Said
				fixtures shall be maintained in proper working order when offered for
				use.
b. Frequency of regular and
				thorough cleansing shall be determined in each case by the amount of traffic;
				and in all instances the frequency of cleaning shall be adequate to keep said
				facilities, fixtures and appurtenances free from vermin and rodents and clean
				and wholesome at all times.
c.
				Toilet rooms and washrooms shall not be used for storage. Posters or signs
				shall be placed in toilet rooms requesting cooperation of employees in keeping
				the premises clean.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 29 - Sanitation and Shelter Rules for Railroad Employees › Rule 875-29.7 - Conflicts Resolved

Current through Register Vol. 47, No. 3, July 24, 2024
In the event the rules in this chapter conflict or contain
				  provisions inconsistent with the rules in 875-Chapter 10, "General Industry
				  Safety and Health Rules," or 875-Chapter 26, "Construction Safety and Health
				  Rules," the applicable provisions of 875-Chapter 10 or 875-Chapter 26 shall
				  prevail.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 32 - Child Labor › Rule 875-32.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Director"
means the director of the
				  department of inspections, appeals, and licensing or the director's
				  designee.
"Filing date"
means the date a document is
				  postmarked by the U.S. Postal Service, if the document is filed by mailing and
				  the U.S. postmark is legible. For a document filed via facsimile transmission,
				  "filing date" means the date the document is transmitted. For any other
				  document, "filing date" means the date the document is received by the
				  director.
"Operated by the child's parents,"
as used
				  in Iowa Code section 92.17(3), means
				  a business operated by the child's parent or licensed foster parent who has
				  control of the day-to-day operation of the business and is on the premises
				  during the hours of the child's employment.
"Serious injury or illness"
means an illness
				  or injury requiring medical attention beyond first aid.
"Week,"
as used in Iowa Code section
				  92.7, means Sunday through
				  Saturday.
"Willfully volunteering"
means performing
				  service for a charitable or public purpose without promise, expectation, or
				  receipt of compensation. A child shall be considered a volunteer only if
				  services are offered freely and without direct or implied pressure or coercion
				  from an employer. A child shall not be considered a volunteer if the child is
				  otherwise employed by the same charitable or public organization to perform the
				  same type of services as those for which the child proposes to volunteer. A
				  child shall not be considered a volunteer while working in commercial
				  activities for a nonprofit organization.
"Working days,"
as used in rule
				  875-32.12 (92), means Mondays
				  through Fridays but shall not include Saturdays, Sundays or federal or state
				  holidays. In computing 15 working days, the day of receipt of any notice shall
				  not be included, and the last day of the 15 working days shall be
				  included.
This rule is intended to implement Iowa Code chapter
				  92.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 32 - Child Labor › Rule 875-32.5 - Terms

Current through Register Vol. 47, No. 3, July 24, 2024
The terms used in Iowa Code section
				  92.5 are defined and applied as
				  specified in this rule.
(1)
Cleaning products that require personal protective equipment.
Prior to allowing a 14- or 15-year-old to use cleaning products that require
				personal protective equipment, the employer shall submit to the director the
				following:
a. The safety data sheets of all
				such chemicals the minor will use.
b. What personal protective equipment the
				minor will be using with each chemical that requires it.
c. Proof of training the minor on the use of
				the required personal protective equipment.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 32 - Child Labor › Rule 875-32.6 - Terms

Current through Register Vol. 47, No. 3, July 24, 2024
The terms used in Iowa Code section
				  92.6A are defined and applied as
				  specified in this rule.
"Light assembly work"
means assembling with
				  nonpower hand tools and does not include welding.
"Properly licensed"
means a minor who holds
				  a current license from the National Pool and Waterpark Lifeguard Training
				  program in one of the following programs:
1. National Pool and Waterpark Pool
				Lifeguard.
2. National Pool and
				Waterpark Lifeguard Training.
3.
				National Pool and Waterpark Deep Water Lifeguard.
If there is a question whether a specific training course
				  meets the requirements of these rules, information about the course should be
				  submitted to the director for evaluation.
(1)
Waiver of weight
				limitation.
An employer may submit an application for waiver to allow
				a 15-year-old person to load, unload, or lift up to 50 pounds for work allowed
				under Iowa Code section
				92.6A(1). The
				application shall include information required by the director in an
				application form. The application shall be signed by the employer, the minor
				employee, and a parent or guardian. The application shall include documentation
				from a physician or physician's assistant that the minor is physically capable
				of this work activity.
(2)
Waiver to unload lawn machines.
An employer may submit an
				application for waiver to allow a 15-year-old person to unload lawn machines
				under Iowa Code section 92.6A(3). The application shall include information
				required by the director in an application form. The application shall be
				signed by the employer, the minor, and a parent or guardian. The application
				shall include documentation from a physician or physician's assistant that the
				minor is physically capable of this work activity.
This rule is intended to implement Iowa Code section
				  92.6A.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 32 - Child Labor › Rule 875-32.9 - Terms

Current through Register Vol. 47, No. 3, July 24, 2024
The terms used in Iowa Code section
				  92.8A are defined and applied as
				  specified in this rule.
"Incidental"
means not a primary activity of
				  the minor.
"Intermittent and for short periods of time"
may vary depending on the degree and type of hazard. The frequency and duration
				  of an activity shall make it clear the employee is a learner rather than a
				  production worker. The burden is on the employer to justify more than one hour
				  per day or 20 percent of a shift.
"Written permission"
shall include a
				  description of the activity that would otherwise be unlawful under Iowa Code
				  section 92.8, including the expected
				  frequency and duration of that activity.
This rule is intended to implement Iowa Code section
				  92.8A.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 32 - Child Labor › Rule 875-32.11 - Civil Penalty Calculation

Current through Register Vol. 47, No. 3, July 24, 2024
An employer who violates this chapter or Iowa Code chapter 92
				  is subject to a civil penalty of not more than $10,000 per violation as set
				  forth in this rule.
(1)
Counting the number of violations.
a. Violations shall be counted as follows:
				each day that a child works too many hours, works at a prohibited time, or
				works in a prohibited occupation shall be a separate violation.
b. The director may waive or reduce the
				penalty if this method of counting the violations would result in a penalty
				that is disproportionate to the harm done to the minor(s), the size of the
				employer, or both.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 32 - Child Labor › Rule 875-32.12 - Civil Penalty Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice
				of civil penalty.
The director shall serve a notice of proposed civil
				penalty by certified mail or in a manner consistent with service of original
				notice under the Iowa Rules of Civil Procedure. There shall be a 15-day grace
				period before issuing the notice. The notice shall include the following:
a. A statement that the notice proposes a
				civil penalty assessment for violation of child labor laws.
b. Descriptions of the alleged violations
				including the provisions allegedly violated, the number of violations, and the
				proposed penalties.
c. A statement
				that the employer has the right to request a hearing by filing a notice of
				contest with the director within 15 working days from the receipt of the notice
				of proposed civil penalty and that if a notice of contest is not timely filed,
				the proposed civil penalty will become final agency action.
d. A reference to the applicable procedural
				provisions.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 34 - Civil Penalties › Rule 875-34.1 - Civil Penalties for Iowa Code Chapter 91a Violations

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner may, upon report of an affected employee or
				  based on other credible information, seek to recover civil money penalties for
				  violation(s) of Iowa Code chapter 91 A.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 34 - Civil Penalties › Rule 875-34.2 - Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior to
				initiating a contested case proceeding, the commissioner shall, in writing,
				request written information from the complaining employee(s). This request for
				written information may be omitted for good cause, including urgent
				circumstances or the possession of sufficient reliable evidence from another
				source(s).
(2) Prior to initiating
				a contested case proceeding, the commissioner shall, in writing, inform the
				employer of the nature of the alleged violation(s) and request the employer to
				provide, within 14 days, a response with relevant information, including
				information necessary for the commissioner to assess penalties. This request
				for written information may be omitted for good cause, including urgent
				circumstances or the possession of sufficient reliable evidence from another
				source(s).
(3) The commissioner may
				secure evidence or witnesses by administrative subpoena.
(4) The commissioner may, in response to a
				written complaint, request a warrant to enter a place of employment to inspect
				records, ask questions, and investigate in relation to possible violations of
				Iowa Code chapter 91A.
Iowa Administrative Code › Agency 875 - Labor Services Division › Child Labor › Chapter 34 - Civil Penalties › Rule 875-34.3 - Calculation of Penalty

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				commissioner shall assess the penalty with due consideration for the size of
				the employer's business, the gravity of the violation(s), the good faith of the
				employer, and the history of previous violations by granting appropriate
				penalty reductions.
(2) The gross
				penalty for each distinguishable violation shall be $500. The following are
				examples of distinguishable violations:
a. If
				the act or omission occurs during five consecutive pay periods affecting a
				single employee, there are 5 distinguishable violations.
b. If the act or omission occurs during a
				single pay period affecting 50 employees, there are 50 distinguishable
				violations.