875—3.13 (88) Petitions for modification of abatement date.
	 3.13(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.
	 3.13(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 because 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 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: IOSH Administrator, Occupational Safety and Health Bureau, Division of Labor Services, 1000 East Grand Avenue, Des Moines, Iowa 50319. All papers relevant to this matter may be inspected at: (place reasonably convenient to employees, preferably at or near workplace).
	 3.13(3) A petition for modification of abatement date shall be filed with the labor commissioner or the commissioner’s designee no later than the close of the next working day following the date on which abatement was originally required. A later-filed petition shall be accompanied by the employer’s statement of exceptional circumstances explaining the delay.
	  a.   	 A copy of the petition and a notice of employee rights complying with 3.13(2)“e” shall be posted in a conspicuous place where all affected employees will have notice thereof or near the location where the violation occurred. The petition and notice of employee rights shall remain posted for a period of ten working days. Where affected employees are represented by an authorized representative, the representative shall be served with a copy of the petition and notice of employee rights.
	  b.   	 Affected employees or their representatives may file an objection in writing to a petition with the labor commissioner or the commissioner’s designee. Failure to file the objection within ten working days of the date of posting of the petition and notice of employee rights or of service upon an authorized representative shall constitute a waiver of any further right to object to the petition.
	  c.   	 The labor commissioner or the commissioner’s designee shall have the authority to approve any filed petition for modification of abatement date. Uncontested petitions shall become final orders pursuant to Iowa Code section 88.8.
	  d.   	 The labor commissioner or the commissioner’s designee shall not exercise approval power until the expiration of 15 working days from the date the petition and notice of employee rights were posted or served by the employer.
	 3.13(4) Where any petition is objected to by the labor commissioner or the commissioner’s designee or affected employees, the petition, citation, and any objections shall be forwarded to the employment appeal board within 3 working days after the expiration of the 15-day period set out in subrule 3.13(3)“d.”
This rule is intended to implement Iowa Code section 88.8.