88.5 OCCUPATIONAL SAFETY AND HEALTH STANDARDS.
1. Promulgation of rules.a. As soon as practicable following July 1, 1972, the
commissioner shall by rule, adopt and promulgate those occupational
safety and health standards, which would result in improved safety or
health for employees; provided, that the commissioner shall adopt no
such standard unless the same has been adopted and promulgated as a
permanent standard by the secretary in accordance with the procedures
set forth in the federal law. In the event that any such federal
standard is subsequently amended, modified, repealed, or substituted
by a new standard, the commissioner shall, within ninety days, review
such amendment, modification, repeal or substitution, and take such
action with respect to the state standards, including the repeal or
substitution of the same, as will conform the state standards to
those federal standards then in effect.
b. Before adopting, modifying, or revoking any standard by
rule pursuant to this section, the commissioner shall hold a public
hearing on the subject matter of the proposed adoption, modification,
or revocation. An interested person may appear and be heard at the
hearing, in person or by agent or counsel. The provisions of this
section are in addition to the requirements of chapter 17A.
c. Notwithstanding other provisions of this section, upon or
following July 1, 1972, the commissioner may adopt as interim
standards those standards adopted by the secretary in conformance
with section 6(a) of the federal law, provided that any such standard
so adopted shall cease to be effective on April 28, 1973, unless the
commissioner shall have initiated the procedures for adopting a
permanent standard in conformance with and following the procedures
set forth in this section, in which case the interim standard shall
remain in effect pending the adoption of the permanent standard. In
the event that any such federal interim standard is subsequently
amended, modified, repealed, or substituted by a new interim
standard, the commissioner shall, within thirty days, review such
amendment, modification, repeal or substitution, and take such action
with respect to the state interim standards, including the repeal or
substitution of the same, as will conform the state interim standards
to those federal interim standards then in effect.
2. Toxic materials and other harmful physical agents. The
commissioner, in promulgating standards dealing with toxic materials
or harmful physical agents under this subsection, shall set the
standard which most adequately assures, to the extent feasible, on
the basis of the best available evidence, 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 the employee's working life. Development
of standards under this subsection shall be based upon research,
demonstrations, experiments, and such other information as may be
appropriate, but in any event shall conform with the provisions of
subsection 1 of this section. In addition to the attainment of the
highest degree of health and safety protection for the employee,
other considerations shall be the latest available scientific data in
the field, the feasibility of the standards, and experience gained
under this and other health and safety laws. Whenever practicable, a
standard promulgated shall be expressed in terms of objective
criteria and of the performance desired.
3. Temporary variances.a. Any employer may apply to the commissioner for a temporary
order granting a variance from a standard or any provision thereof
promulgated under this section. Such temporary order shall be
granted only if the employer files an application which meets the
requirements of paragraph "b" of this subsection and establishes
that the employer is unable to comply with the standard by its
effective date because of unavailability of professional or technical
personnel or of materials and equipment needed to come into
compliance with the standards or because necessary construction or
operation of the facilities cannot be completed by the effective
date, that the employer is taking all available steps to safeguard
the employer's employees against the hazards that are covered by the
standard, and that the employer has an effective program for coming
into compliance with this standard as quickly as practicable. Any
temporary order issued under this paragraph shall prescribe the
practices, means, methods, operations, and processes which the
employer must adopt and use while the order is in effect and state in
detail the employer's program for coming into compliance with the
standard. Such a temporary order may be granted only after notice to
employees and an opportunity for a hearing, provided that the
commissioner may issue one interim order to be effective until a
decision is made on the basis of the hearing. No temporary order may
be in effect longer than the period needed by the employer to achieve
compliance with the standard, or one year, whichever is shorter
except that such an order may be renewed not more than twice so long
as the requirements of this paragraph are met and an application for
renewal is filed at least ninety days prior to the expiration date of
the order. No interim renewal of an order may remain in effect for
longer than one hundred and eighty days.
b. An application for a temporary order under this subsection
shall contain:
(1) A specification of the standard or portion thereof from which
the employer seeks a variance.
(2) A representation by the employer, supported by
representations from qualified persons having firsthand knowledge of
the fact represented, that the employer is unable to comply with the
standard or portion thereof and a detailed statement of those reasons
therefor.
(3) A statement of the steps the employer has taken and will take
(with specific dates) to protect employees against the hazard covered
by the standard.
(4) A statement of when the employer expects to be able to comply
with the standard and what steps the employer has taken and what
steps the employer will take (with dates specified) to come into
compliance with the standard.
(5) A certification that the employer has informed the employer's
employees of any application by giving a copy thereof to their
authorized employee representative, posting a statement giving a
summary of the application and specifying where a copy may be
examined at the place or places where notices to employees are
normally posted, and by other reasonably appropriate means as may be
directed by the commissioner.
(6) A description of how employees have been informed shall be
contained in the certification. The information to employees shall
also inform them of their right to petition the commissioner for a
hearing.
4. Labels, warnings, protective equipment. Any standard
promulgated under this section shall prescribe the use of labels or
other appropriate forms of warning as are necessary to insure that
employees are apprised of all hazards to which they are exposed,
relevant symptoms and appropriate emergency treatment, and proper
conditions and precautions of safe use or exposure. Where
appropriate, such standard 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 for the protection of employees. In
addition, where appropriate, any such standard shall prescribe the
type and frequency of medical examinations or other tests which shall
be made available, by the employer or at the employer's cost, to
employees exposed to such hazard in order to most effectively
determine whether the health of such employee is adversely affected
by such exposure. The results of such examinations or tests shall be
furnished to the commissioner, and if released by the employee, shall
be furnished to the employee's physician and the employer's
physician.
5. Emergency temporary standards. The commissioner shall
provide for an emergency temporary standard to take immediate effect
if the commissioner determines that employees are exposed to grave
danger from exposure from substances or agents determined to be toxic
or physically harmful or from new hazards and if such emergency
temporary standard is necessary to protect the employees from such
danger. Such emergency standard shall cease to be effective and
shall no longer be applicable after the lapse of six months following
the effective date thereof unless the commissioner has initiated the
procedures provided for under this chapter, for the purpose of
promulgating a permanent standard as provided in subsection 1 of this
section in which case the emergency temporary standard will remain in
effect until the permanent standard is adopted and becomes effective.
Abandonment of the procedure for such promulgation by the
commissioner shall terminate the effectiveness and applicability of
the emergency temporary standard.
6. Permanent variance. Any affected employer may apply to
the commissioner for a rule or order for a permanent variance from a
standard promulgated under this section. Affected employees shall be
given notice of each such application and an opportunity to
participate in a hearing. The commissioner shall issue such rule or
order if the commissioner determines on the record, after opportunity
for an inspection where appropriate and a hearing, that the proponent
of the variance has demonstrated by a preponderance of the evidence
that the conditions, practices, means, methods, operations, or
processes used or proposed to be used by an employer will provide
employment and places of employment to the employer's employees which
are as safe and healthful as those which would prevail if the
employer complied with the standard. The rule or order so issued
shall prescribe the conditions the employer must maintain, and the
practices, means, methods, operations, and processes which the
employer must adopt and utilize to the extent that they differ from
the standard in question. Such a rule or order may be modified or
revoked upon application by an employer, employees, or by the
commissioner on the commissioner's own motion, in the manner
prescribed for its issuance under this subsection at any time after
six months from its issuance.
7. Special variance. Where there are conflicts with
standards, rules, or regulations promulgated by any federal agency
other than the United States department of labor, special variances
from standards, rules, or regulations promulgated under this chapter
may be granted to avoid such regulatory conflicts. Such variances
shall take into consideration the safety of the employees involved.
Notwithstanding any other provision of this chapter, and with respect
to this subsection, any employer seeking relief under this provision
must file an application with the commissioner and the commissioner
shall forthwith hold a hearing at which employees or other interested
persons, including representatives of the federal regulatory agencies
involved, may appear and, upon the showing that such a conflict
indeed exists, the commissioner may issue a special variance until
the conflict is resolved.
8. Priority for setting standards. In determining the
priorities for establishing standards under this section, the
commissioner shall give due regard to the urgency of the need for
mandatory safety and health standards for particular industries,
trades, crafts, occupations, businesses, workplaces or work
environments.
9. Product safety. Standards promulgated under this chapter
shall not be different from federal standards applying to products
distributed or used in interstate commerce unless such standards are
required by compelling local conditions and do not unduly burden
interstate commerce. This provision does not apply to customized
products or parts not normally available on the open market, or to
optional parts or additions to products which are ordinarily
available with such optional parts or additions.
10. Judicial review before enforcement. The provisions of
the Iowa administrative procedure Act, chapter 17A, shall apply to
judicial review of standards issued under this section.
Notwithstanding any provision of the Iowa administrative procedure
Act, chapter 17A, to the contrary, a person who is aggrieved or
adversely affected by a standard issued under this section must seek
judicial review of such standard prior to the sixtieth day after such
standard becomes effective. All determinations of the commissioner
shall be conclusive if supported by substantial evidence in the
record as a whole.
11. Railway sanitation and shelter. A railway corporation
within the state shall provide adequate sanitation and shelter for
all railway employees. The commissioner shall adopt rules requiring
railway corporations within the state to provide a safe and healthy
workplace. The commissioner shall enforce the requirements of this
section upon the receipt of a written complaint.
88.5 OCCUPATIONAL SAFETY AND HEALTH STANDARDS.
1. Promulgation of rules.a. As soon as practicable following July 1, 1972, the
commissioner shall by rule, adopt and promulgate those occupational
safety and health standards, which would result in improved safety or
health for employees; provided, that the commissioner shall adopt no
such standard unless the same has been adopted and promulgated as a
permanent standard by the secretary in accordance with the procedures
set forth in the federal law. In the event that any such federal
standard is subsequently amended, modified, repealed, or substituted
by a new standard, the commissioner shall, within ninety days, review
such amendment, modification, repeal or substitution, and take such
action with respect to the state standards, including the repeal or
substitution of the same, as will conform the state standards to
those federal standards then in effect.
b. Before adopting, modifying, or revoking any standard by
rule pursuant to this section, the commissioner shall hold a public
hearing on the subject matter of the proposed adoption, modification,
or revocation. An interested person may appear and be heard at the
hearing, in person or by agent or counsel. The provisions of this
section are in addition to the requirements of chapter 17A.
c. Notwithstanding other provisions of this section, upon or
following July 1, 1972, the commissioner may adopt as interim
standards those standards adopted by the secretary in conformance
with section 6(a) of the federal law, provided that any such standard
so adopted shall cease to be effective on April 28, 1973, unless the
commissioner shall have initiated the procedures for adopting a
permanent standard in conformance with and following the procedures
set forth in this section, in which case the interim standard shall
remain in effect pending the adoption of the permanent standard. In
the event that any such federal interim standard is subsequently
amended, modified, repealed, or substituted by a new interim
standard, the commissioner shall, within thirty days, review such
amendment, modification, repeal or substitution, and take such action
with respect to the state interim standards, including the repeal or
substitution of the same, as will conform the state interim standards
to those federal interim standards then in effect.
2. Toxic materials and other harmful physical agents. The
commissioner, in promulgating standards dealing with toxic materials
or harmful physical agents under this subsection, shall set the
standard which most adequately assures, to the extent feasible, on
the basis of the best available evidence, 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 the employee's working life. Development
of standards under this subsection shall be based upon research,
demonstrations, experiments, and such other information as may be
appropriate, but in any event shall conform with the provisions of
subsection 1 of this section. In addition to the attainment of the
highest degree of health and safety protection for the employee,
other considerations shall be the latest available scientific data in
the field, the feasibility of the standards, and experience gained
under this and other health and safety laws. Whenever practicable, a
standard promulgated shall be expressed in terms of objective
criteria and of the performance desired.
3. Temporary variances.a. Any employer may apply to the commissioner for a temporary
order granting a variance from a standard or any provision thereof
promulgated under this section. Such temporary order shall be
granted only if the employer files an application which meets the
requirements of paragraph "b" of this subsection and establishes
that the employer is unable to comply with the standard by its
effective date because of unavailability of professional or technical
personnel or of materials and equipment needed to come into
compliance with the standards or because necessary construction or
operation of the facilities cannot be completed by the effective
date, that the employer is taking all available steps to safeguard
the employer's employees against the hazards that are covered by the
standard, and that the employer has an effective program for coming
into compliance with this standard as quickly as practicable. Any
temporary order issued under this paragraph shall prescribe the
practices, means, methods, operations, and processes which the
employer must adopt and use while the order is in effect and state in
detail the employer's program for coming into compliance with the
standard. Such a temporary order may be granted only after notice to
employees and an opportunity for a hearing, provided that the
commissioner may issue one interim order to be effective until a
decision is made on the basis of the hearing. No temporary order may
be in effect longer than the period needed by the employer to achieve
compliance with the standard, or one year, whichever is shorter
except that such an order may be renewed not more than twice so long
as the requirements of this paragraph are met and an application for
renewal is filed at least ninety days prior to the expiration date of
the order. No interim renewal of an order may remain in effect for
longer than one hundred and eighty days.
b. An application for a temporary order under this subsection
shall contain:
(1) A specification of the standard or portion thereof from which
the employer seeks a variance.
(2) A representation by the employer, supported by
representations from qualified persons having firsthand knowledge of
the fact represented, that the employer is unable to comply with the
standard or portion thereof and a detailed statement of those reasons
therefor.
(3) A statement of the steps the employer has taken and will take
(with specific dates) to protect employees against the hazard covered
by the standard.
(4) A statement of when the employer expects to be able to comply
with the standard and what steps the employer has taken and what
steps the employer will take (with dates specified) to come into
compliance with the standard.
(5) A certification that the employer has informed the employer's
employees of any application by giving a copy thereof to their
authorized employee representative, posting a statement giving a
summary of the application and specifying where a copy may be
examined at the place or places where notices to employees are
normally posted, and by other reasonably appropriate means as may be
directed by the commissioner.
(6) A description of how employees have been informed shall be
contained in the certification. The information to employees shall
also inform them of their right to petition the commissioner for a
hearing.
4. Labels, warnings, protective equipment. Any standard
promulgated under this section shall prescribe the use of labels or
other appropriate forms of warning as are necessary to insure that
employees are apprised of all hazards to which they are exposed,
relevant symptoms and appropriate emergency treatment, and proper
conditions and precautions of safe use or exposure. Where
appropriate, such standard 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 for the protection of employees. In
addition, where appropriate, any such standard shall prescribe the
type and frequency of medical examinations or other tests which shall
be made available, by the employer or at the employer's cost, to
employees exposed to such hazard in order to most effectively
determine whether the health of such employee is adversely affected
by such exposure. The results of such examinations or tests shall be
furnished to the commissioner, and if released by the employee, shall
be furnished to the employee's physician and the employer's
physician.
5. Emergency temporary standards. The commissioner shall
provide for an emergency temporary standard to take immediate effect
if the commissioner determines that employees are exposed to grave
danger from exposure from substances or agents determined to be toxic
or physically harmful or from new hazards and if such emergency
temporary standard is necessary to protect the employees from such
danger. Such emergency standard shall cease to be effective and
shall no longer be applicable after the lapse of six months following
the effective date thereof unless the commissioner has initiated the
procedures provided for under this chapter, for the purpose of
promulgating a permanent standard as provided in subsection 1 of this
section in which case the emergency temporary standard will remain in
effect until the permanent standard is adopted and becomes effective.
Abandonment of the procedure for such promulgation by the
commissioner shall terminate the effectiveness and applicability of
the emergency temporary standard.
6. Permanent variance. Any affected employer may apply to
the commissioner for a rule or order for a permanent variance from a
standard promulgated under this section. Affected employees shall be
given notice of each such application and an opportunity to
participate in a hearing. The commissioner shall issue such rule or
order if the commissioner determines on the record, after opportunity
for an inspection where appropriate and a hearing, that the proponent
of the variance has demonstrated by a preponderance of the evidence
that the conditions, practices, means, methods, operations, or
processes used or proposed to be used by an employer will provide
employment and places of employment to the employer's employees which
are as safe and healthful as those which would prevail if the
employer complied with the standard. The rule or order so issued
shall prescribe the conditions the employer must maintain, and the
practices, means, methods, operations, and processes which the
employer must adopt and utilize to the extent that they differ from
the standard in question. Such a rule or order may be modified or
revoked upon application by an employer, employees, or by the
commissioner on the commissioner's own motion, in the manner
prescribed for its issuance under this subsection at any time after
six months from its issuance.
7. Special variance. Where there are conflicts with
standards, rules, or regulations promulgated by any federal agency
other than the United States department of labor, special variances
from standards, rules, or regulations promulgated under this chapter
may be granted to avoid such regulatory conflicts. Such variances
shall take into consideration the safety of the employees involved.
Notwithstanding any other provision of this chapter, and with respect
to this subsection, any employer seeking relief under this provision
must file an application with the commissioner and the commissioner
shall forthwith hold a hearing at which employees or other interested
persons, including representatives of the federal regulatory agencies
involved, may appear and, upon the showing that such a conflict
indeed exists, the commissioner may issue a special variance until
the conflict is resolved.
8. Priority for setting standards. In determining the
priorities for establishing standards under this section, the
commissioner shall give due regard to the urgency of the need for
mandatory safety and health standards for particular industries,
trades, crafts, occupations, businesses, workplaces or work
environments.
9. Product safety. Standards promulgated under this chapter
shall not be different from federal standards applying to products
distributed or used in interstate commerce unless such standards are
required by compelling local conditions and do not unduly burden
interstate commerce. This provision does not apply to customized
products or parts not normally available on the open market, or to
optional parts or additions to products which are ordinarily
available with such optional parts or additions.
10. Judicial review before enforcement. The provisions of
the Iowa administrative procedure Act, chapter 17A, shall apply to
judicial review of standards issued under this section.
Notwithstanding any provision of the Iowa administrative procedure
Act, chapter 17A, to the contrary, a person who is aggrieved or
adversely affected by a standard issued under this section must seek
judicial review of such standard prior to the sixtieth day after such
standard becomes effective. All determinations of the commissioner
shall be conclusive if supported by substantial evidence in the
record as a whole.
11. Railway sanitation and shelter. A railway corporation
within the state shall provide adequate sanitation and shelter for
all railway employees. The commissioner shall adopt rules requiring
railway corporations within the state to provide a safe and healthy
workplace. The commissioner shall enforce the requirements of this
section upon the receipt of a written complaint.
88.5 OCCUPATIONAL SAFETY AND HEALTH STANDARDS.
1. Promulgation of rules.a. As soon as practicable following July 1, 1972, the
commissioner shall by rule, adopt and promulgate those occupational
safety and health standards, which would result in improved safety or
health for employees; provided, that the commissioner shall adopt no
such standard unless the same has been adopted and promulgated as a
permanent standard by the secretary in accordance with the procedures
set forth in the federal law. In the event that any such federal
standard is subsequently amended, modified, repealed, or substituted
by a new standard, the commissioner shall, within ninety days, review
such amendment, modification, repeal or substitution, and take such
action with respect to the state standards, including the repeal or
substitution of the same, as will conform the state standards to
those federal standards then in effect.
b. Before adopting, modifying, or revoking any standard by
rule pursuant to this section, the commissioner shall hold a public
hearing on the subject matter of the proposed adoption, modification,
or revocation. An interested person may appear and be heard at the
hearing, in person or by agent or counsel. The provisions of this
section are in addition to the requirements of chapter 17A.
c. Notwithstanding other provisions of this section, upon or
following July 1, 1972, the commissioner may adopt as interim
standards those standards adopted by the secretary in conformance
with section 6(a) of the federal law, provided that any such standard
so adopted shall cease to be effective on April 28, 1973, unless the
commissioner shall have initiated the procedures for adopting a
permanent standard in conformance with and following the procedures
set forth in this section, in which case the interim standard shall
remain in effect pending the adoption of the permanent standard. In
the event that any such federal interim standard is subsequently
amended, modified, repealed, or substituted by a new interim
standard, the commissioner shall, within thirty days, review such
amendment, modification, repeal or substitution, and take such action
with respect to the state interim standards, including the repeal or
substitution of the same, as will conform the state interim standards
to those federal interim standards then in effect.
2. Toxic materials and other harmful physical agents. The
commissioner, in promulgating standards dealing with toxic materials
or harmful physical agents under this subsection, shall set the
standard which most adequately assures, to the extent feasible, on
the basis of the best available evidence, 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 the employee's working life. Development
of standards under this subsection shall be based upon research,
demonstrations, experiments, and such other information as may be
appropriate, but in any event shall conform with the provisions of
subsection 1 of this section. In addition to the attainment of the
highest degree of health and safety protection for the employee,
other considerations shall be the latest available scientific data in
the field, the feasibility of the standards, and experience gained
under this and other health and safety laws. Whenever practicable, a
standard promulgated shall be expressed in terms of objective
criteria and of the performance desired.
3. Temporary variances.a. Any employer may apply to the commissioner for a temporary
order granting a variance from a standard or any provision thereof
promulgated under this section. Such temporary order shall be
granted only if the employer files an application which meets the
requirements of paragraph "b" of this subsection and establishes
that the employer is unable to comply with the standard by its
effective date because of unavailability of professional or technical
personnel or of materials and equipment needed to come into
compliance with the standards or because necessary construction or
operation of the facilities cannot be completed by the effective
date, that the employer is taking all available steps to safeguard
the employer's employees against the hazards that are covered by the
standard, and that the employer has an effective program for coming
into compliance with this standard as quickly as practicable. Any
temporary order issued under this paragraph shall prescribe the
practices, means, methods, operations, and processes which the
employer must adopt and use while the order is in effect and state in
detail the employer's program for coming into compliance with the
standard. Such a temporary order may be granted only after notice to
employees and an opportunity for a hearing, provided that the
commissioner may issue one interim order to be effective until a
decision is made on the basis of the hearing. No temporary order may
be in effect longer than the period needed by the employer to achieve
compliance with the standard, or one year, whichever is shorter
except that such an order may be renewed not more than twice so long
as the requirements of this paragraph are met and an application for
renewal is filed at least ninety days prior to the expiration date of
the order. No interim renewal of an order may remain in effect for
longer than one hundred and eighty days.
b. An application for a temporary order under this subsection
shall contain:
(1) A specification of the standard or portion thereof from which
the employer seeks a variance.
(2) A representation by the employer, supported by
representations from qualified persons having firsthand knowledge of
the fact represented, that the employer is unable to comply with the
standard or portion thereof and a detailed statement of those reasons
therefor.
(3) A statement of the steps the employer has taken and will take
(with specific dates) to protect employees against the hazard covered
by the standard.
(4) A statement of when the employer expects to be able to comply
with the standard and what steps the employer has taken and what
steps the employer will take (with dates specified) to come into
compliance with the standard.
(5) A certification that the employer has informed the employer's
employees of any application by giving a copy thereof to their
authorized employee representative, posting a statement giving a
summary of the application and specifying where a copy may be
examined at the place or places where notices to employees are
normally posted, and by other reasonably appropriate means as may be
directed by the commissioner.
(6) A description of how employees have been informed shall be
contained in the certification. The information to employees shall
also inform them of their right to petition the commissioner for a
hearing.
4. Labels, warnings, protective equipment. Any standard
promulgated under this section shall prescribe the use of labels or
other appropriate forms of warning as are necessary to insure that
employees are apprised of all hazards to which they are exposed,
relevant symptoms and appropriate emergency treatment, and proper
conditions and precautions of safe use or exposure. Where
appropriate, such standard 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 for the protection of employees. In
addition, where appropriate, any such standard shall prescribe the
type and frequency of medical examinations or other tests which shall
be made available, by the employer or at the employer's cost, to
employees exposed to such hazard in order to most effectively
determine whether the health of such employee is adversely affected
by such exposure. The results of such examinations or tests shall be
furnished to the commissioner, and if released by the employee, shall
be furnished to the employee's physician and the employer's
physician.
5. Emergency temporary standards. The commissioner shall
provide for an emergency temporary standard to take immediate effect
if the commissioner determines that employees are exposed to grave
danger from exposure from substances or agents determined to be toxic
or physically harmful or from new hazards and if such emergency
temporary standard is necessary to protect the employees from such
danger. Such emergency standard shall cease to be effective and
shall no longer be applicable after the lapse of six months following
the effective date thereof unless the commissioner has initiated the
procedures provided for under this chapter, for the purpose of
promulgating a permanent standard as provided in subsection 1 of this
section in which case the emergency temporary standard will remain in
effect until the permanent standard is adopted and becomes effective.
Abandonment of the procedure for such promulgation by the
commissioner shall terminate the effectiveness and applicability of
the emergency temporary standard.
6. Permanent variance. Any affected employer may apply to
the commissioner for a rule or order for a permanent variance from a
standard promulgated under this section. Affected employees shall be
given notice of each such application and an opportunity to
participate in a hearing. The commissioner shall issue such rule or
order if the commissioner determines on the record, after opportunity
for an inspection where appropriate and a hearing, that the proponent
of the variance has demonstrated by a preponderance of the evidence
that the conditions, practices, means, methods, operations, or
processes used or proposed to be used by an employer will provide
employment and places of employment to the employer's employees which
are as safe and healthful as those which would prevail if the
employer complied with the standard. The rule or order so issued
shall prescribe the conditions the employer must maintain, and the
practices, means, methods, operations, and processes which the
employer must adopt and utilize to the extent that they differ from
the standard in question. Such a rule or order may be modified or
revoked upon application by an employer, employees, or by the
commissioner on the commissioner's own motion, in the manner
prescribed for its issuance under this subsection at any time after
six months from its issuance.
7. Special variance. Where there are conflicts with
standards, rules, or regulations promulgated by any federal agency
other than the United States department of labor, special variances
from standards, rules, or regulations promulgated under this chapter
may be granted to avoid such regulatory conflicts. Such variances
shall take into consideration the safety of the employees involved.
Notwithstanding any other provision of this chapter, and with respect
to this subsection, any employer seeking relief under this provision
must file an application with the commissioner and the commissioner
shall forthwith hold a hearing at which employees or other interested
persons, including representatives of the federal regulatory agencies
involved, may appear and, upon the showing that such a conflict
indeed exists, the commissioner may issue a special variance until
the conflict is resolved.
8. Priority for setting standards. In determining the
priorities for establishing standards under this section, the
commissioner shall give due regard to the urgency of the need for
mandatory safety and health standards for particular industries,
trades, crafts, occupations, businesses, workplaces or work
environments.
9. Product safety. Standards promulgated under this chapter
shall not be different from federal standards applying to products
distributed or used in interstate commerce unless such standards are
required by compelling local conditions and do not unduly burden
interstate commerce. This provision does not apply to customized
products or parts not normally available on the open market, or to
optional parts or additions to products which are ordinarily
available with such optional parts or additions.
10. Judicial review before enforcement. The provisions of
the Iowa administrative procedure Act, chapter 17A, shall apply to
judicial review of standards issued under this section.
Notwithstanding any provision of the Iowa administrative procedure
Act, chapter 17A, to the contrary, a person who is aggrieved or
adversely affected by a standard issued under this section must seek
judicial review of such standard prior to the sixtieth day after such
standard becomes effective. All determinations of the commissioner
shall be conclusive if supported by substantial evidence in the
record as a whole.
11. Railway sanitation and shelter. A railway corporation
within the state shall provide adequate sanitation and shelter for
all railway employees. The commissioner shall adopt rules requiring
railway corporations within the state to provide a safe and healthy
workplace. The commissioner shall enforce the requirements of this
section upon the receipt of a written complaint.
