3-3108. Development of standards and
rules
A. Safety and health standards and rules shall be formulated in the following
manner:
1. The assistant director shall either propose adoption of national consensus
standards or federal standards or draft such rules as he considers necessary after
conducting sufficient investigations through the employees of the office and through
consultation with the department advisory council, an ad hoc advisory committee if one is
appointed and other persons knowledgeable in agriculture for which the standards or rules
are being formulated
2. Proposed standards or rules, or both, shall be submitted to the director for his
approval. If the director approves the proposed standards or rules, or both, he shall
adopt them pursuant to title 41, chapter 6.
B. The assistant director shall not propose standards or rules for products
distributed or used in interstate commerce which are different from federal standards for
such products unless the standards are required by compelling local conditions and do not
unduly burden interstate commerce.
C. Any standards or rules adopted under this section shall prescribe the use of
labels or other appropriate forms of warning as are necessary to ensure that employees
are apprised of all recognized hazards to which they are exposed, relevant symptoms,
appropriate emergency treatment and proper conditions and precautions of safe use or
exposure. If appropriate, the standards or rules shall also prescribe suitable
protective equipment and control or technological procedures to be used in connection
with such hazards and shall provide for monitoring or measuring employee exposure at such
locations and intervals and in such manner as may be necessary to protect employees. In
addition, if appropriate, any such standards or rules shall prescribe the type and
frequency of medical examinations or other tests which shall be made available, by the
employer or at his cost, to employees exposed to such hazards in order to most
effectively determine whether the health of such employees is adversely affected by such
exposure. Any standards or rules adopted pursuant to this section shall assure, as far
as possible, that no employee will suffer material impairment of health or functional
capacity even if such employee has regular exposure to the hazard dealt with by such
standard for the period of his working life.
D. In case of conflict between standards and rules, the rules take precedence.
E. A person who may be adversely affected by a standard or rule issued under this
article at any time before the sixtieth day after the standard or rule is adopted may
file a complaint challenging the validity of the standard or rule with the superior court
in the county in which the person resides or has his principal place of business for a
judicial review of the standard or rule. The filing of a complaint, unless otherwise
ordered by the court, does not operate as a stay of the standard or rule. The
determinations of the director are conclusive if supported by substantial evidence in the
record considered as a whole.
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