ARC 2023C
LABOR SERVICES DIVISION[875]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code section 88.5, the Labor Commissioner hereby gives Notice of Intended Action to amend Chapter 26, “Construction Safety and Health Rules,” Iowa Administrative Code.
The U.S. Department of Labor, Occupational Safety and Health Administration, promulgated a new standard concerning confined spaces in the construction industry. The Iowa Labor Commissioner must adopt the federal standards by reference.
Confined spaces present a wide range of atmospheric and physical hazards to workers. A comprehensive standard for confined spaces in general industry has existed since 1993, while workers in the construction industry have been protected only by a training requirement. The new standard for the construction industry is similar to the general industry standard but also recognizes hazards specific to construction and new technologies.
The principal reasons for adoption of this amendment are to implement legislative intent, protect the safety and health of Iowa workers, and make Iowa’s regulations current and consistent with federal regulations. Pursuant to Iowa Code subsection 88.5(1) and 29 CFR 1953.5, Iowa must adopt changes to the federal occupational safety and health standards.
If requested in accordance with Iowa Code section 17A.4(1)“b” by the close of business on June 30, 2015, a public hearing will be held on July 1, 2015, at 10 a.m.	in the Capitol View Room at 1000 East Grand Avenue, Des Moines, Iowa. Interested persons will be given the opportunity to make oral statements and file documents concerning the proposed amendment. The facility for the oral presentations is accessible to and functional for persons with physical disabilities. Persons who have special requirements should call (515)281-5915 in advance to arrange access or other needed services.
Written data, views, or arguments to be considered in adoption shall be submitted by interested persons no later than July 1, 2015, to Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319-0209. Comments may be sent electronically to kathleen.uehling@iwd.iowa.gov.
No variance procedures are included in this rule. Variance procedures are set forth in 875—Chapter 5.
After analysis and review of this rule making, jobs could be impacted. However, this amendment is implementing federally mandated regulations, and the State of Iowa is only implementing the federal regulations. The requirements imposed on Iowa businesses by these regulations do not exceed those imposed by federal law.
This amendment is intended to implement Iowa Code section 88.5 and 29 CFR 1953.5.
The following amendment is proposed.
	Amend rule 875—26.1(88) by inserting the following at the end thereof:
80 Fed.	Reg.	25518 (May 4, 2015)