reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.7 - Complaints by Employees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any
				employee or representative of employees who believes that a violation of the
				Act exists in any workplace where the employee is employed may request an
				inspection of the workplace by giving notice of the alleged violation to the
				commissioner or a designee. Any such notice shall be reduced to writing, shall
				set forth with reasonable particularity the grounds for the notice, and shall
				be signed by the employee or representative of employees. A copy shall be
				provided to the employer or agent by the commissioner's designee no later than
				at the time of inspection, except that, upon the request of the person giving
				the notice, the identity and the identities of individual employees referred to
				therein shall not appear in the copy or on any record published, released, or
				made available by the division of labor services.
(2) If, upon receipt of notification, the
				commissioner or a designee determines that the complaint meets the requirements
				set forth in subrule 3.7(1), and that there are reasonable grounds to believe
				that the alleged violation exists, an inspection shall be made as soon as
				practicable to determine if the alleged violation exists. Inspections under
				this rule shall not be limited to matters referred to in the
				complaint.
(3) During any
				inspection of a workplace, any employee or representative of employees employed
				in the workplace may notify the compliance safety and health officer of any
				violation of the Act that the employee or representative has reason to believe
				exists in the workplace.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.8 - Trade or Governmental Secrets

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				At the commencement of an inspection, the employer may identify areas in the
				establishment that contain or that might reveal trade or governmental secrets.
				If the compliance safety and health officer has no clear reason to question
				such identification, information obtained in such areas shall not be disclosed
				except in accordance with the provisions of Iowa Code section
				88.12.
(2) Upon the request of an employer, any
				authorized representative of employees in an area containing trade or
				governmental secrets shall be an employee in that area or an employee
				authorized by the employer to enter that area. Where there is no representative
				or employee, the compliance safety and health officer shall consult with a
				reasonable number of employees who work in that area concerning matters of
				safety and health.
This rule is intended to implement Iowa Code sections
				  88.6(1)  and
				  88.12.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.9 - Imminent Danger

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever and as soon as a compliance safety and health
				  officer concludes on the basis of an inspection that conditions or practices
				  exist in any place of employment that could 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 the Act, the affected employees and employers shall be notified as provided
				  in Iowa Code section 88.11(3).
				  Appropriate citations and notices of proposed penalties may be issued with
				  respect to an imminent danger, even though, after being informed of the danger
				  by the compliance safety and health officer, the employer immediately
				  eliminates the imminence of the danger and initiates steps to abate the
				  danger.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.10 - Consultation With Employees

Current through Register Vol. 47, No. 3, July 24, 2024
Compliance safety and health officers may consult with
				  employees concerning matters of occupational safety and health to the extent
				  that the compliance safety and health officers deem necessary for the conduct
				  of an effective and thorough inspection. During the course of an inspection,
				  any employee shall be afforded an opportunity to bring any violation of the Act
				  that the employee has reason to believe exists in the workplace to the
				  attention of the compliance safety and health officer.
This rule is intended to implement Iowa Code sections
				  88.6(1)  and
				  88.6(4).
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.11 - Citations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The civil
				penalties proposed by the labor commissioner on or after June 1, 2024, are as
				follows:
a.
Willful
				violation.
The penalty for each willful violation under Iowa Code
				section 88.14(1)  shall
				not be less than $11,190 and shall not exceed $161,323.
b.
Repeated violation.
The
				penalty for each repeated violation under Iowa Code section
				88.14(1)  shall
				not exceed $161,323.
c.
Serious violation.
The penalty for each serious violation under Iowa
				Code section 88.14(2)  shall
				not exceed $16,131.
d.
Other-than-serious violation.
The penalty for each other-than-serious
				violation under Iowa Code section
				88.14(3)  shall
				not exceed $16,131.
e.
Failure to correct violation.
The penalty for failure to correct a
				violation under Iowa Code section
				88.14(4)  shall
				not exceed $16,131 per day.
f.
Posting, reporting, or recordkeeping violation.
The penalty
				for each posting, reporting, or recordkeeping violation under Iowa Code section
				88.14(9)  shall
				not exceed $16,131.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.12 - Informal Conferences

Current through Register Vol. 47, No. 3, July 24, 2024
At the request of an affected employer, employee, or
				  representative of employees, the labor commissioner or the commissioner's
				  designee may hold an informal conference for the purpose of discussing any
				  issues raised by an inspection, citation, notice of proposed penalty, or notice
				  of intention to contest. The settlement of any issue at the conference shall be
				  subject to the rules of procedure prescribed by the employment appeal board. If
				  the conference is requested by the employer, an affected employee or the
				  employee's representative shall be afforded an opportunity to participate, at
				  the discretion of the labor commissioner or the commissioner's designee. If the
				  conference is requested by an employee or representative of employees, the
				  employer shall be afforded an opportunity to participate, at the discretion of
				  the labor commissioner or the commissioner's designee. Any party may be
				  represented by counsel at the conference. No conference or request for a
				  conference shall operate as a stay of any 15-working-day period for filing a
				  notice of intention to contest.
This rule is intended to implement Iowa Code sections
				  17A.3(1)
"b"
and 17A.10.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.13 - Petitions for Modification of Abatement Date

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An employer may file a petition for
				modification of abatement date when the employer has made a good faith effort
				to comply with the abatement requirements of a citation, but such abatement has
				not been completed because of factors beyond its reasonable control.
(2) A petition for modification of abatement
				date shall be in writing and shall include the following information:
a. All steps taken by the employer, and the
				dates of the action, in an effort to achieve compliance during the prescribed
				abatement period.
b. The specific
				additional abatement time necessary in order to achieve compliance.
c. The reasons the additional time is
				necessary, including the unavailability of professional or technical personnel
				or of materials and equipment, or why necessary construction or alteration of
				facilities cannot be completed by the original abatement date.
d. All available interim steps being taken to
				safeguard the employees against the cited hazard during the abatement
				period.
e. A certification that a
				copy of the petition and notice informing affected employees of their rights to
				party status has been posted and, if appropriate, served on the authorized
				representative of affected employees, in accordance with paragraph
				3.13(3)
"a"
and a certification of the date upon which the
				posting and service was made. A notice in the following form shall be deemed to
				comply with this paragraph:
(Name of employer)
Your employer has been cited by the commissioner of labor for
				  violation of the Iowa Occupational Safety and Health Act and has requested
				  additional time to correct one or more of the violations. Affected employees
				  are entitled to participate as parties under terms and conditions established
				  by the Iowa employment appeal board in its rules of procedure. Affected
				  employees or their representatives desiring to participate must file a written
				  objection to the employer's petition with the commissioner of labor. Failure to
				  file the objection within ten working days of the first posting of the
				  accompanying petition and this notice shall constitute a waiver of any further
				  right to object to the petition or to participate in any proceedings related
				  thereto. Objections shall be sent to the commissioner's designee: Iowa OSHA,
				  Division of Labor Services. All papers relevant to this matter may be inspected
				  at: (place reasonably convenient to employees, preferably at or near
				  workplace).
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.19 - Abatement Verification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope and application.
This rule applies to employers who
				receive a citation for a violation of the Iowa occupational safety and health
				Act.
(2)
Definitions.
"Abatement"
means action by an employer to
				  comply with a cited standard or regulation or to eliminate a recognized hazard
				  identified by OSHA during an inspection.
"Abatement date"
means:
1. For an uncontested citation item, the
				latest of:
* The date in the citation for abatement of the
				  violation;
* The date approved by OSHA or established in litigation as a
				  result of a petition for modification of the abatement date (PMA); or
* The date established in a citation by an informal
				  settlement agreement.
2. For
				a contested citation item for which the employment appeal board has issued a
				final order affirming the violation, the latest of:
* The date identified in the final order for
				  abatement;
* The date computed by adding the period allowed in the
				  citation for abatement to the final order date; or
* The date established by a formal settlement
				  agreement.
"Affected employees"
means those employees
				  who are exposed to the hazard(s) identified as a violation(s) in a
				  citation.
"Final order date"
means:
1. For an uncontested citation item, the
				fifteenth working day after the employer's receipt of the citation;
2. For a contested citation item:
* The thirtieth day after the date on which a final order was
				  entered by the employment appeal board, or
* The date on which a court issues a decision affirming the
				  violation in a case in which a final order of the employment appeal board has
				  been stayed.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.20 - Policy Regarding Employee Rescue Activities

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No citation may be issued to an employer
				because of a rescue activity undertaken by an employee of that employer with
				respect to an individual in imminent danger unless:
a. The employee is designated or assigned by
				the employer to have responsibility to perform or assist in rescue operations,
				and the employer fails to provide protection of the safety and health of the
				employee, including failing to provide appropriate training and rescue
				equipment; or
b. The employee is
				directed by the employer to perform rescue activities in the course of carrying
				out the employee's job duties, and the employer fails to provide protection of
				the safety and health of such employee, including failing to provide
				appropriate training and rescue equipment; or
c. The employee is employed in a workplace
				that requires the employee to carry out duties that are directly related to a
				workplace operation where the likelihood of life-threatening accidents is
				foreseeable, such as a workplace operation where employees are located in
				confined spaces or trenches, handle hazardous waste, respond to emergency
				situations, perform excavations, or perform construction over water; and such
				employee has not been designated or assigned to perform or assist in rescue
				operations and voluntarily elects to rescue such an individual. Additionally,
				the employer has failed to instruct employees not designated or assigned to
				perform or assist in rescue operations of the arrangements for rescue, not to
				attempt rescue, and of the hazards of attempting rescue without adequate
				training or equipment.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.22 - Additional Hazard Communication Training Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Training format.
The
				employer may present the training program to the employee in any format;
				however, the employer shall preserve a written summary and synopsis of the
				training, a recording of an oral presentation, or a video recording of an
				audio-video presentation of the training relied upon by the employer for
				compliance with 29 CFR
				1910.1200(h), and shall
				allow employees and their designated representatives access to the written
				synopsis, recording, or video recording.
(2)
Review by the division.
The training program shall be available for review and approval upon inspection
				by the division. Upon request by the commissioner, the employer shall make
				available the written synopsis, recording, or video recording used or prepared
				by the employer. The commissioner may conduct an inspection to review an actual
				training program or review the employer's records of a training
				program.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 3 - Posting, Inspections, Citations and Proposed Penalties › Rule 875-3.23 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions and interpretations contained in Iowa Code
				  section 88.3 shall be applicable to the
				  terms when used in this chapter. As used in this chapter unless the context
				  clearly requires otherwise:
"Act"
means the Iowa occupational safety and
				  health Act of 1972, Iowa Code chapter 88.
"Compliance safety and health officer"
means
				  a person authorized by the labor commissioner of the department of inspections,
				  appeals, and licensing, division of labor services, to conduct
				  inspections.
"Division"
means the Iowa division of labor
				  of the department of inspections, appeals, and licensing.
"Inspection"
means any inspection of an
				  employer's factory, plant, establishment, construction site or other area,
				  workplace or environment where work is performed by an employee of an employer,
				  and includes any inspection conducted pursuant to a filed complaint, and any
				  follow-up inspection, accident investigation or other inspections conducted
				  under the Act.
"Working days"
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 section
				  88.6.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 4 - Recording and Reporting Occupational Injuries and Illnesses › Rule 875-4.2 - First Reports of Injury

Current through Register Vol. 47, No. 3, July 24, 2024
A report to the division of workers' compensation is
				  considered to be a report to the division of labor services. The division of
				  workers' compensation will forward all reports to the division of labor
				  services.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 4 - Recording and Reporting Occupational Injuries and Illnesses › Rule 875-4.3 - Recording and Reporting Regulations

Current through Register Vol. 47, No. 3, July 24, 2024
Except as noted in this rule, the federal Occupational Safety
				  and Health Administration (OSHA) regulations at
				  29 CFR
				  1904.0 through
				  1904.46 as published at 66 Fed.
				  Reg. 6122 through 6135 (January 19, 2001) are adopted.
(1) The following amendments to
				29 CFR
				1904.0 through
				1904.46 are adopted:
a. 66 Fed. Reg. 520 31-52034 (October 12,
				2001)
b. 67 Fed. Reg. 440 47 (July
				1, 2002)
c. 67 Fed. Reg. 771 70
				(December 17, 2002)
d. 68 Fed. Reg.
				386 06 (June 30, 2003)
e. 79 Fed.
				Reg. 561 86 (September 18, 2014)
f.
				81 Fed. Reg. 296 91 (May 12, 2016)
g. 81 Fed. Reg. 318 54 (May 20,
				2016)
h. 84 Fed. Reg. 405 (January
				25, 2019)
i. 84 Fed. Reg. 214 57
				(May 14, 2019)
j. 85 Fed. Reg. 873
				1 (February 18, 2020)
k. 88 Fed.
				Reg. 472 54 (July 21, 2023)
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter contains rules of practice for administrative
				  proceedings to grant variances and other relief under Iowa Code sections
				  17A.9A,
				  88.5(3),
				  88.5(6),
				  and
				  88.5(7).
				  These rules shall be construed to secure a prompt and just conclusion of
				  proceedings.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions and interpretations contained in Iowa Code
				  section
				  88.3 shall be
				  applicable to the terms when used in this chapter. As used in this chapter
				  unless the context clearly requires otherwise:
"Act"
means the Iowa Occupational Safety and
				  Health Act, Iowa Code chapter 88.
"Affected employee"
means an employee who
				  would be affected by the grant or denial of a variance, or any one of the
				  employee's authorized representatives, such as the collective bargaining
				  agent.
"Commissioner"
means the labor commissioner
				  of the department of workforce development, division of labor services.
"Hearing examiner"
means the labor
				  commissioner or the commissioner's designee.
"Party"
means a person admitted to
				  participate in a hearing conducted in accordance with rules 5.14(88) to
				  5.21(88). An applicant for relief and any affected employee shall be entitled
				  to be named parties. For the purpose of special variance hearing procedures
				  under Iowa Code section
				  88.5(7),
				  the conflicting federal regulatory agency shall also be a party. The department
				  of workforce development, division of labor services, shall be deemed to be a
				  party without the necessity of being named.
"Person"
means an individual, partnership,
				  association, corporation, business trust, legal representative, an organized
				  group of individuals, or an agency, authority or instrumentality of the state
				  of Iowa.
"Variance"
means waivers or variances
				  pursuant to Iowa Code sections
				  17A.9A,
				  88.5(3),
				  88.5(6),
				  and
				  88.5(7)
				   unless otherwise
				  specified.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.4 - Effect of Variances

Current through Register Vol. 47, No. 3, July 24, 2024
All variances granted pursuant to this chapter shall have
				  only future effect. The commissioner may discretionarily decline to entertain
				  an application for a variance on a subject or issue concerning which a citation
				  has been issued to the employer involved, and a proceeding on the citation or a
				  related issue concerning a proposed penalty or period of abatement is pending
				  before the employment appeal board until the completion of such
				  proceedings.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.5 - Submission of Waiver Information

Current through Register Vol. 47, No. 3, July 24, 2024
Information about all orders granting or denying a variance
				  petition shall be submitted to the legislative services agency through the
				  designated Internet site within 60 days of the granting or denying of the
				  petition. The information submitted is available to the public via the
				  website.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.7 - Temporary Variance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for variance.
Any employer or class of employers
				desiring a variance from a standard, or portion thereof, authorized by Iowa
				Code section
				88.5(3)
				 may file a written application containing
				the information specified in subrule 5.7(2) with the labor
				commissioner.
(2)
Contents.
An application filed pursuant to 5.7(1) shall
				include:
a. The name and address of the
				applicant;
b. The address of the
				place or places of employment involved;
c. Any request for a hearing, as provided in
				this chapter;
d. The statements and
				certifications required by Iowa Code section
				88.5(3);
				and
e. The signature of the
				applicant or the applicant's authorized representative.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.8 - Permanent Variance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for variance.
Any employer or class of employers
				desiring a variance authorized by Iowa Code section
				88.5(6)
				 may file a written application containing
				the information specified in subrule 5.8(2) with the labor
				commissioner.
(2)
Contents.
An application filed pursuant to 5.8(1) shall
				include:
a. The name and address of the
				applicant;
b. The address of the
				place or places of employment involved;
c. A description of the conditions,
				practices, means, methods, operations or processes used or proposed to be used
				by the applicant;
d. A statement
				showing how the conditions, practices, means, methods, operations or processes
				used or proposed to be used would provide employment and places of employment
				to employees which are as safe and healthful as those required by the standard
				from which a variance is sought;
e.
				A certification that the applicant has informed affected employees of the
				application by (1) giving a copy thereof to their authorized representative;
				(2) posting a statement giving a summary of the application and specifying
				where a copy may be examined, at the place or places where notices to employees
				are normally posted (or in lieu of such summary, the posting of the application
				itself); and (3) by other appropriate means when necessary;
f. Any request for a hearing, as provided in
				this chapter;
g. A description of
				how employees have been informed of the application and of their right to
				petition the labor commissioner for a hearing; and
h. The signature of the applicant or the
				applicant's authorized representative.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.9 - Special Variance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for variance.
Any employer, or class of employers,
				desiring a special variance authorized by Iowa Code section
				88.5(7)
				 may file a written application containing
				the information specified in 5.9(2) with the labor commissioner.
(2)
Contents.
An application
				filed pursuant to 5.9(1) shall include:
a. The
				name and address of the applicant;
b. The address of the place or places of
				employment involved;
c. The name of
				the federal agency and a designation of the standard, rule, or regulation
				allegedly in conflict with a standard, rule or regulation of the division of
				labor services;
d. A designation of
				the standard, rule or regulation of the division of labor services allegedly in
				conflict;
e. A description of the
				conditions, means, methods, operations, and procedures used and a specific
				detailed statement as to how and where the conflict exists between federal
				agency or agencies and the division of labor services;
f. A description of the conditions,
				practices, means, methods, operations or processes used or proposed to be used
				by the applicant;
g. A statement
				showing how the conditions, practices, means, methods, operations or processes
				used or proposed to be used would take into consideration the safety and health
				of the employees involved;
h. A
				certification that the applicant has informed employees affected of the
				application by (1) giving a copy thereof to their authorized representative;
				(2) posting a statement giving a summary of the application and specifying
				where a copy may be examined, at the place or places where notices to employees
				are normally posted (or in lieu of such summary, the posting of the application
				itself); and (3) by other appropriate means where necessary;
i. Any request for a hearing, as provided in
				this chapter;
j. A description of
				how employees have been informed of the application and of their right to
				petition the labor commissioner for a hearing; and
k. The signature of the applicant or the
				applicant's authorized representative.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.10 - Modification and Revocation of Rules or Orders

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An affected employer or an affected
				employee may apply in writing to the labor commissioner for a modification or
				revocation of a rule or order issued under Iowa Code section
				88.5(3),
				88.5(6),
				or
				88.5(7).
				The application shall contain:
a. The name and
				address of the applicant;
b. A
				description of the relief which is sought;
c. A statement setting forth with
				particularity the grounds for relief;
d. If the applicant is an employer, a
				certification that the applicant has informed affected employees of the
				application by:
(I) giving a copy thereof to
				their authorized representative; (2) posting at the place or places where
				notices to employees are normally posted, a statement giving a summary of the
				application and specifying where a copy of the full application may be examined
				(or, in lieu of the summary, posting the application itself); and (3) other
				appropriate means when necessary;
e. If the applicant is an affected employee,
				a certification that a copy of the application has been furnished to the
				employer; and
f.Any request for a
				hearing, as provided in this chapter
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.11 - Action on Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Ifan application filed pursuant to 5.7(1), 5.8(1), 5.9(1), or
				  5.10(1) does not conform to the applicable rule, the labor commissioner may
				  deny the application. Prompt notice of the denial of an application shall be
				  given to the applicant and shall include, or be accompanied by, a brief
				  statement of the grounds for the denial. A denial of an application pursuant to
				  this rule shall be without prejudice to the filing of another
				  application.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.12 - Requests for Hearings on Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request for hearing.
Within the time allowed by a notice of the filing of an application, any
				affected employer or employee may file with the labor commissioner a request
				for a hearing on the application.
(2)
Contents of a request for a
				hearing. A
request for a hearing filed pursuant to 5.12(1) shall
				include:
a. A concise statement of facts
				showing how the employer or employee would be affected by the relief applied
				for;
b. A specification of any
				statement or representation in the application which is denied, and a concise
				summary of the evidence that would be adduced in support of each denial;
				and
c. Any views or arguments on
				any issue of fact or law presented.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.13 - Consolidation of Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner may move or any party may move to
				  consolidate or contemporaneously consider two or more proceedings which involve
				  the same or closely related issues.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.14 - Notice of Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Service.
Upon request for a hearing as provided in this
				chapter, or upon the commissioner's own initiative, the labor commissioner
				shall serve, or cause to be served, a reasonable notice of hearing.
(2)
Contents.
A notice of
				hearing served under 5.14(1) shall include:
a.
				The time, place, and nature of the hearing;
b. The legal authority imder which the
				hearing is to be held; and
c. A
				specification of issues of fact and law.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.15 - Manner of Service

Current through Register Vol. 47, No. 3, July 24, 2024
Service of any document upon any party may be made by
				  personal delivery of, or by mailing, a copy of the document to the last-known
				  address of the party. The person serving the document shall certify to the
				  manner and the date of the service.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.16 - Hearing Examiner; Powers and Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Powers.
The labor
				commissioner or designee shall preside over the hearing and shall have all
				powers necessary or appropriate to conduct a fair, full, and impartial hearing,
				including the following:
a. To administer
				oaths and affirmations;
b. To rule
				upon offers of proof and receive relevant evidence;
c. To provide for discovery and to determine
				its scope;
d. To regulate the
				course of the hearing and the conduct of the parties and their counsel
				therein;
e. To consider and rule
				upon procedural requests;
f.To hold
				conferences for the settlement or simplification of the issues by consent of
				the parties;
g. To make, or to
				cause to be made, an inspection of the employment or place of employment
				involved;
h. To make decisions in
				accordance with the Act and this chapter; and
i.To take any other appropriate action
				authorized by the Act or this chapter
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.17 - Prehearing Conferences

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Convening conference.
Upon the commissioner's own motion or
				the motion of a party, the labor commissioner or designee may direct the
				parties or their counsel to meet with the commissioner for a conference to
				consider:
a. Simplification of the
				issues;
b. Necessity or
				desirability of amendments to documents for purpose of clarification,
				simplification, or limitation;
c.
				Stipulations, admissions of fact and of contents and authenticity of
				documents;
d. Limitation of the
				number of parties and of expert witnesses; and
e. Such other matters as may tend to expedite
				the disposition of the proceeding, and to ensure a just conclusion
				thereof
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.18 - Consent Findings and Rules or Orders

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Negotiation by parties.
At any time before the reception of evidence in any hearing, or during any
				hearing a reasonable opportunity may be afforded to permit negotiation by the
				parties of an agreement containing consent findings and a rule or order
				disposing of the whole or any part of the proceeding. The allowance of such
				opportunity and the duration thereof shall be in the discretion of the hearing
				examiner, after consideration of the nature of the proceeding, the requirements
				of the public interest, the representations of the parties and the probability
				of an agreement which will result in a just disposition of the issues
				involved.
(2)
Contents.
Any agreement containing consent findings and rule
				or order disposing of a proceeding shall also provide:
a. That the rule or order shall have the same
				force and effect as if made after a full hearing;
b. That the entire record on which any rule
				or order may be based shall consist solely of the application and the
				agreement;
c. A waiver of any
				further procedural steps before the labor commissioner or designee;
				and
d. A waiver of any right to
				challenge or contest the validity of the findings and of the rule or order made
				in accordance with the agreement.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.19 - Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
Whenever appropriate to a just disposition of any issue in a
				  hearing, the hearing examiner may allow discovery by appropriate procedures,
				  such as by written interrogatories upon a party, depositions, production of
				  documents by a party, or by entry for inspection of the employment or place of
				  employment involved. Iowa Rules of Civil Procedure shall be applicable to such
				  authorized discovery procedures.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.20 - Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Order
				of proceeding.
Except as may be ordered otherwise by the hearing
				examiner, the party applicant for relief shall proceed first at a
				hearing.
(2)
Burden of
				proof.
The party applicant shall have the burden of proof.
(3)
Evidence.
a.
Admissibility.
A party
				shall be entitled to present the party's case or defense by oral or documentary
				evidence, to submit rebuttal evidence, and to conduct such cross-examination as
				may be required for a full and true disclosure of the facts. Any oral or
				documentary evidence may be received, but a hearing examiner shall exclude
				evidence which is irrelevant, immaterial or unduly repetitious.
b.
Testimony of witnesses.
The testimony of a witness shall be upon an oath or affirmation
				administered.
c.
Objections.
If a party objects to the admission or rejection
				of any evidence or to the limitation of the scope of any examination or
				cross-examination, or to the failure to limit such scope, the party shall state
				briefly the grounds for such objection. Rulings on all objections shall appear
				in the record. Only objections made before the hearing examiner may be relied
				upon subsequently in a proceeding.
d.
Proof for a special
				variance.
Before a special variance may be granted, there must be
				proof that an actual conflict does exist. The proof required to establish such
				conflict is information in writing or oral testimony from a representative of
				the involved federal regulatory agency or agencies, substantiated by evidence,
				that there is a conflict between the standards, rules or regulations of the
				federal agency and those of the division of labor services. Also, the applicant
				must prove that compliance with the standard, rule or regulation of the
				division of labor services would subject the applicant to probable citation,
				penalty, or prosecution for violating such federal agency standard, rule or
				regulation.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.21 - Decisions of Hearing Examiner

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Proposed findings of fact, conclusions and rules or orders.
Within ten days after receipt of notice that the transcript of the testimony
				has been filed or such additional time as the hearing examiner may allow, each
				party may file with the hearing examiner proposed findings of fact, conclusions
				of law, and rule or order, together with supporting briefs shall be served on
				all other parties, and shall refer to all portions of the record and to all
				authorities relied upon in support of each proposal.
(2)
Decision.
Within a
				reasonable time after the time allowed for the filing of proposed findings of
				fact, conclusions of law, and rule or order, the hearing examiner shall issue a
				decision which shall be reviewed and countersigned by the commissioner The
				commissioner shall serve the decision upon each party, and the decision shall
				become final upon the twentieth day after service thereof The decision shall
				include:
(1) a statement of findings and
				conclusions, with reasons and bases therefor, upon each material issue of fact,
				law, or discretion presented on the record, and
(2) the appropriate rule, order, relief or
				denial thereof. The decision shall be based upon a consideration of the whole
				record and shall state all facts officially noticed and relied upon. The
				decision shall be made on the basis of a preponderance of reliable and
				probative evidence.
(3)
Grant of a special variance.
The grant of a special variance
				shall be renewable upon review by the labor commissioner at six-month intervals
				beginning on the date the decision becomes final under 5.21(2). If at the time
				of the review the labor commissioner finds that there has been a change in the
				standard, rule, or regulation or a change in the interpretation of such
				standard, rule or regulation of the federal agency or the division of labor
				services affecting or resolving the conflict on which the special variance was
				granted, the labor commissioner shall set the case for an evidentiary hearing
				in accordance with 5.14(88) to 5.21(88). Enforcement shall be stayed during
				review and hearing procedures under this rule.
Affected employees shall be notified by their employer of a
				  renewal or a refusal to renew by:
(1)
				giving a copy of the labor commissioner's notice to the authorized employee
				representative;
(2) posting a copy
				of the commissioner's notice at the place or places where notices to employees
				are normally posted; and
(3) other
				appropriate means.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.22 - Motion for Summary Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Any party may, at least 20 days before the date fixed for any hearing, move
				with or without supporting affidavits for a summary decision in favor of the
				moving party on all or any part of the proceeding. Any other party may, within
				10 days after service of the motion, serve opposing affidavits or countermove
				for summary decision. The hearing examiner may discretionarily set the matter
				for argument and call for the submission of briefs.
(2) The filing of any documents under 5.22(1)
				shall be with the labor commissioner, and copies of any such documents shall be
				served in accordance with 5.15(88).
(3) The hearing examiner may grant the motion
				if the pleadings, affidavits, material obtained by discovery or otherwise
				obtained, or matters officially noticed show that there is no genuine issue as
				to any material fact and that a party is entitled to summary decision. The
				hearing examiner may deny such motion whenever the moving party denies access
				to information by means of discovery to a party opposing the motion.
(4) Affidavits shall set forth such facts as
				would be admissible in evidence in the hearing and shall show affirmatively
				that the affiant is competent to testify to the matters stated therein. When a
				motion for summary decision is made and supported as provided in this rule, a
				party opposing the motion may not rest upon the mere allegations or denials of
				its own pleading. The response of the party opposing the motion must set forth
				specific facts showing that there is a genuine issue of fact for the
				hearing.
(5) Should it appear from
				the affidavits of a party opposing the motion that the opposing party cannot
				for reasons stated present by affidavit facts essential to justify the
				opposition, the hearing examiner may deny the motion for summary decision or
				may order a continuance to permit affidavits to be obtained or discovery to be
				had or may make such other order as is just.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.23 - Summary Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
No genuine issue of material fact.
a. Where no genuine issue of a material fact
				is found to have been raised, the hearing examiner may issue a decision to
				become final 20 days after service thereof.
b. A decision made under 5.23(1) shall
				include a statement of:
(1) findings and
				conclusions, and the reasons or bases therefor, on all issues presented; and
(2) the terms and conditions of the
				rule or order made.
c. A
				copy of the decision imder this rule shall be served on each party.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 5 - Rules of Practice for Variances › Rule 875-5.24 - Finality for Purposes of Judicial Review

Current through Register Vol. 47, No. 3, July 24, 2024
A preliminary, procedural or intermediate agency action or
				  ruling is immediately reviewable if review of the final agency decision would
				  not provide an adequate remedy. The filing of the petition does not itself stay
				  enforcement of the agency decision. The agency may grant, or the reviewing
				  court may order, a stay upon appropriate terms.
Iowa Administrative Code › Agency 875 - Labor Services Division › Iowa Occupational Safety and Health › Chapter 8 - Consultative Services › Rule 875-8.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter contains procedures for the division of labor
				  services, bureau of consultation and education, to provide consultation
				  services to private and public employers. Employers seeking information
				  regarding consultative services should visit www.iowaosha.gov or telephone
				  (515)281-7629.
(1) Services are
				available at no cost to employers to assist employers in establishing effective
				occupational safety and health programs in order to provide employment and a
				place of employment that are safe and healthful. The goal is to prevent
				injuries and illnesses that may result from exposure to hazardous work
				practices and conditions. The principal assistance will be provided at the
				employer's work site, but off-site assistance may also be provided. Within the
				scope of the employer's request, the consultant will evaluate the employer's
				program for providing employment and a place of employment that are safe and
				healthful; identify specific hazards in the workplace; and provide appropriate
				advice and assistance in establishing or improving the employer's safety and
				health program and in correcting any hazardous conditions identified.
				Assistance may include education and training of the employer, the employer's
				supervisors, and the employer's other employees to make the employer
				self-sufficient in ensuring safe and healthful work and working
				conditions.
(2) Consultation is
				independent of Iowa OSHA Enforcement, and the discovery of hazards shall not
				mandate citations or penalties. However, the employer has a statutory
				obligation to protect employees, and, in certain instances, the employer shall
				be required to take necessary protective action. An employer that corrects the
				hazards identified by the consultant during a comprehensive workplace survey,
				implements certain core elements of an effective safety and health program, and
				commits to complete other core elements of an effective safety and health
				program may qualify for exemption from certain enforcement
				activities.