ARC 4938C
LABOR SERVICES DIVISION[875]
Notice of Intended Action
Proposing rule making related to penalties for occupational safety and health citations
and providing an opportunity for public comment
The Labor Commissioner hereby proposes to amend Chapter 3, “Posting, Inspections, Citations and Proposed Penalties,” Iowa Administrative Code.
Legal Authority for Rule Making
This rule making is proposed under the authority provided in Iowa Code section 88.14.
State or Federal Law Implemented
This rule making implements, in whole or in part, Iowa Code chapter 88.
Purpose and Summary
Iowa’s occupational safety and health program is required to be at least as effective as the federal occupational safety and health program. The proposed amendment aligns Iowa’s penalties for occupational safety and health citations with the corresponding federal penalties by making mandatory annual cost-of-living adjustments.
Fiscal Impact
The penalty increases may result in a small increase in penalties deposited in the General Fund.
Jobs Impact
After analysis and review of this rule making, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commissioner for a waiver of the discretionary provisions, if any.
Public Comment
Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Commissioner no later than 4:30 p.m.	on March 18, 2020. Comments should be directed to:

Kathleen Uehling
Division of Labor Services
150 Des Moines Street
Des Moines, Iowa 50309
Email: kathleen.uehling@iwd.iowa.gov	
Public Hearing
If requested, a public hearing at which persons may present their views orally or in writing will be held as follows:

March 18, 2020
9 a.m.	150 Des Moines Street
Des Moines, Iowa	
Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.
Any persons who intend to attend the public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Commissioner and advise of specific needs.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
The following rule-making action is proposed:
	Amend subrule 3.11(1) as follows:
	3.11(1) The civil penalties proposed by the labor commissioner on or after May 29, 2019 May 31, 2020, are as follows:
	a. 	Willful violation. The penalty for each willful violation under Iowa Code section 88.14(1) shall not be less than $9,472 $9,639 and shall not exceed $132,598 $134,937.
	b. 	Repeated violation. The penalty for each repeated violation under Iowa Code section 88.14(1) shall not exceed $132,598 $134,937.
	c. 	Serious violation. The penalty for each serious violation under Iowa Code section 88.14(2) shall not exceed $13,260 $13,494.
	d. 	Other-than-serious violation. The penalty for each other-than-serious violation under Iowa Code section 88.14(3) shall not exceed $13,260 $13,494.
	e. 	Failure to correct violation. The penalty for failure to correct a violation under Iowa Code section 88.14(4) shall not exceed $13,260 $13,494 per day.
	f. 	Posting, reporting, or record-keeping violation. The penalty for each posting, reporting, or record-keeping violation under Iowa Code section 88.14(9) shall not exceed $13,260 $13,494.