88.1 Public policy. It is the policy of this state to assure so far as possible every working person in the state safe and healthful working conditions and to preserve human resources by: 1. Encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of […]
88.11 Procedures to counteract imminent dangers. 1. Imminent danger orders. The district court of the county in which the imminent danger is alleged to exist shall have jurisdiction, upon petition of the commissioner, to restrain any conditions or practices in any place of employment which are such that a danger exists which will reasonably be […]
88.12 Confidentiality of trade secrets. Notwithstanding any provisions of this chapter, all information reported to or otherwise obtained by the commissioner or the commissioner’s representative in connection with any inspection or proceeding under this chapter which contains or might reveal a trade secret shall be considered confidential, except that such information may be disclosed to […]
88.13 Variations, tolerances, and exemptions. When the secretary grants variations, tolerances, and exemptions to avoid serious impairment of the national defense as provided under authority of section 16 of the federal law, the commissioner shall grant the same variations, tolerances, and exemptions in the Iowa law, rules and standards to be effective immediately. [C73, 75, […]
88.14 Penalties. 1. Willful violations. Any employer who willfully or repeatedly violates the requirements of section 88.4, any standard, rule, or order adopted or issued pursuant to section 88.5, or rules adopted pursuant to this chapter, may be assessed a civil penalty of not less than the minimum penalty amount and not more than the […]
88.15 Appeal procedures for employees. In the event an employee is issued a citation as provided in section 88.7, the procedures for appeal as provided for employers in this chapter shall apply. [C73, 75, 77, 79, 81, §88.15]
88.16 Training and employee and employer education. 1. The commissioner shall conduct directly or by contract, educational programs to provide an adequate supply of qualified personnel to administer this chapter and informational programs on the importance of and proper use of adequate safety and health equipment. 2. The commissioner is authorized to conduct directly or […]
88.17 Representation in civil litigation. The attorney general of the state shall upon request by the commissioner represent the commissioner in any civil litigation brought under this chapter. [C73, 75, 77, 79, 81, §88.17] Referred to in §88.9
88.18 Statistics. In order to further the purposes of this chapter, the commissioner shall develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics. Such program may cover all employments whether or not subject to any other provisions of this chapter. The commissioner shall compile accurate statistics on […]
88.19 Annual report. Within one hundred twenty days following the convening of each session of each general assembly, the commissioner shall prepare and submit to the governor for transmittal to the general assembly a report upon the subject matter of this chapter, the progress toward achievement of the purpose of this chapter, the needs and […]
88.2 Administration — personnel — contracts — grants. 1. The labor commissioner, appointed pursuant to section 91.2, and the division of labor services of the department of workforce development created in section 84A.1 shall administer this chapter. 2. The necessary legal authority and qualified personnel shall be provided for the administration and enforcement of this […]
88.20 Effect of chapter. Nothing in this chapter shall be construed to supersede or in any manner affect any workers’ compensation law or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties, or liabilities of employers and employees under any law with respect to injuries, diseases, or […]
88.21 Conflicts resolved. The provisions of this chapter will prevail wherever the same conflicts with any other chapter of the Code. [C73, 75, 77, 79, 81, §88.21]
88.3 Definitions. Wherever used in this chapter, unless the context clearly requires a different meaning: 1. “Appeal board” means the employment appeal board created under section 10A.601. 2. “Commissioner” means the labor commissioner appointed pursuant to section 91.2, or the commissioner’s designee. 3. “Emergency temporary standards” means any occupational safety and health standard or modification […]
88.4 Duties. 1. Each employer shall furnish to each of the employer’s employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to the employer’s employees and comply with occupational safety and health standards promulgated under this chapter. 2. […]
88.5 Occupational safety and health standards. 1. Promulgation of rules. The commissioner shall, by rule, promulgate standards as needed to conform state occupational safety and health standards to federal occupational safety and health standards. The commissioner shall follow the rulemaking procedures of chapter 17A, and shall file a notice of intended action within ninety days […]
88.6 Inspections, investigations, and recordkeeping. 1. Entrance and inspections. In order to carry out the purposes of this chapter, the commissioner or the commissioner’s representative, upon presenting appropriate credentials to the owner, operator, or agent in charge, is authorized: a. To enter without delay and at reasonable times any factory, plant, establishment, construction site, or […]
88.7 Citations. 1. Issuance by commissioner. a. If, upon inspection or investigation, the commissioner or the commissioner’s authorized representative believes that an employer has violated the requirements of section 88.4, of any standard, rule or rules promulgated pursuant to section 88.5, or of any regulations prescribed pursuant to this chapter, the commissioner shall with reasonable […]
88.8 Procedure for enforcement. 1. Postinspection penalty notice. If, after an inspection or an investigation, the commissioner issues a citation under section 88.7, the commissioner shall, within a reasonable time after the termination of the inspection or investigation, notify the employer by service in the same manner as an original notice or by certified mail […]
88.9 Judicial review. 1. Aggrieved persons. a. Judicial review of any order of the appeal board issued under section 88.8, subsection 3, may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A. Notwithstanding the terms of the Iowa administrative procedure Act, chapter 17A, petitions for judicial review may be […]
