88.6 INSPECTIONS, INVESTIGATIONS, AND
RECORDKEEPING.
1. Entrance and inspections. In order to carry out the
purposes of this chapter, the commissioner or the commissioner's
representative, upon presenting appropriate credentials to the owner,
operator, or agent in charge, is authorized:
a. To enter without delay and at reasonable times any
factory, plant, establishment, construction site, or other area,
workplace or environment where work is performed by an employee of an
employer.
b. To inspect and investigate during regular working hours
and at other reasonable times, and within reasonable limits and
within a reasonable manner, any such place of employment and all
pertinent conditions, structures, machines, apparatus, devices,
equipment, and materials therein, and to question privately any such
employer, owner, operator, agent or employee.
2. Subpoena of witness and evidence. In making inspections
and investigations under this chapter, the commissioner may require
the attendance and testimony of witnesses and the production of
evidence under oath. Witnesses shall be paid the same fees and
mileage that are paid witnesses in the district courts of this state.
In case of contumacy, failure, or refusal of any person to obey such
an order, any appropriate district court within the jurisdiction of
which such person is found, or resides, or transacts business, upon
the application by the commissioner, shall have jurisdiction to issue
to such person an order requiring such person to appear, to produce
evidence, if, as, and when so ordered and to give testimony relating
to the matter under investigation or in question, and any failure to
obey such order of the court may be punished by said court as a
contempt thereof.
3. Accident and illness records.a. Each employer shall make, keep and preserve, and make
available to the commissioner such records regarding the employer's
activities relating to this chapter as the commissioner may prescribe
by regulation as necessary or appropriate for the enforcement of this
chapter or for developing information regarding the causes and
prevention of occupational accidents and illnesses. In order to
carry out the provisions of this paragraph such regulations may
include provisions requiring employers to conduct periodic
inspections. The commissioner shall also issue regulations requiring
that employers, through posting of notices or other appropriate
means, keep their employees informed of their protection and
obligations under this chapter, including the provisions of
applicable standards.
b. The commissioner shall prescribe regulations requiring an
employer to maintain accurate records of, and to make periodic
reports on, work related deaths, injuries, and illnesses other than
minor injuries requiring only first aid treatment and which do not
involve medical treatment, loss of consciousness, restriction of work
or motion, or transfer to another job.
c. The commissioner shall issue regulations requiring
employers to maintain accurate records of employee exposures to
potentially toxic materials or harmful physical agents which are
required to be monitored or measured under section 88.5, subsection
2. Such regulations shall provide employees or their authorized
employee representative with an opportunity to observe such
monitoring or measuring, and to have access to the records thereof.
Such regulations shall also make appropriate provisions for each
employee or former employee to have access to such records that will
indicate the employee's own exposure to toxic materials or harmful
physical agents. Each employer shall promptly notify any employee
who has been or is being exposed to toxic materials or harmful
physical agents in concentrations or at levels which exceed those
prescribed by an applicable occupational safety and health standard
promulgated under section 88.5, subsection 2, and shall inform any
employee who is being thus exposed of the corrective action being
taken.
d. All employers in the state of Iowa are required to make
all reports to the secretary required by federal law as if this
chapter were not in effect.
e. The commissioner will make such reports to the secretary
in such form and containing such information, as the secretary shall
from time to time require pursuant to federal law.
f. The regulations referred to in this subsection shall not
prescribe requirements different from those provided by the federal
law and regulations.
4. Representatives of employers and employees. Subject to
regulations issued by the commissioner, a representative of the
employer and an authorized employee representative shall be given an
opportunity to accompany the commissioner or the commissioner's
authorized representative during the physical inspection of any
workplace under subsection 1 of this section, for the purpose of
aiding such inspection. Where there is no authorized employee
representative, the commissioner or the commissioner's authorized
representative shall consult with a reasonable number of employees
concerning matters of health and safety in the workplace.
5. Special inspections. Any employees or authorized employee
representative who believes that a violation of a safety or health
standard exists that threatens physical harm, or that an imminent
danger exists, may request an inspection by giving notice to the
commissioner or the commissioner's authorized representative of such
violation or danger. Any such notice shall be reduced to writing,
shall set forth with reasonable particularity the grounds for the
notice, and shall be signed by the employees or authorized employee
representative, and a copy shall be provided the employer or the
employer's agent no later than at the time of inspection, except that
upon the request of the person giving such notice the person's
identifying information and the identifying information of individual
employees referred to in the notice shall not appear in such copy or
on any record published, released, or made available. If, upon
receipt of such notification, the commissioner determines that there
are reasonable grounds to believe that such violation or danger
exists, the commissioner shall make a special inspection in
accordance with the provisions of this section as soon as
practicable, to determine if such violation or danger exists. If the
commissioner determines that there are no reasonable grounds to
believe that a violation or danger exists, the commissioner shall
notify the employees or authorized employee representative in writing
of such determination. For purposes of this subsection,
"identifying information" means specific personal information
including, but not limited to, the person's name, home address,
telephone number, social security number, and handwriting and
language idiosyncrasies. In circumstances when the release of any
fact may be used to identify the person, that fact shall not be
released.
6. Notice of violations. During any inspection of a
workplace, any employee or representative of employees employed in
such workplace may notify the commissioner or any representative of
the commissioner responsible for conducting the inspection, in
writing, of any violation of this chapter which they have reason to
believe exists in such workplace. The commissioner shall, by
regulation, establish procedures for an informal review of any
refusal by a representative of the commissioner to issue a citation
with respect to any such alleged violation and shall furnish the
employees or authorized employee representative requesting such
review a written statement of the reason for the commissioner's final
disposition of the case.
7. General. Any information obtained by the commissioner
under this chapter shall be obtained with a minimum burden upon
employers. Except for the purpose of administration of this chapter,
no information received by the commissioner or the commissioner's
representative from an employer, in compliance with and pursuant to
this chapter, shall be admissible in any action brought by or for the
benefit of any person. Unnecessary duplication of efforts in
obtaining information shall be reduced to the maximum extent
feasible.
8. Confidentiality. Notwithstanding chapter 22, records
prepared or obtained by the commissioner relating to an enforcement
action conducted pursuant to this chapter shall be kept confidential
until the enforcement action is complete.
a. For purposes of this subsection, an enforcement action is
complete when any of the following occurs:
(1) An inspection file is closed without the issuance of a
citation.
(2) A citation or noncompliance notice resulting from an
inspection becomes a final order of the employment appeal board and
all applicable courts pursuant to sections 88.8 and 88.9, and
abatement is verified.
(3) A determination and any subsequent action is final in an
occupational safety and health discrimination case.
b. A citation or noncompliance notice shall remain a
confidential record until received by the appropriate employer.
c. This subsection shall not affect the discovery rights of
any party to a contested case.
9. Reports -- fire fighters. Reports of inspections and
investigations involving the occupational safety and health for fire
fighters shall be presented to the state fire service and emergency
response council.
88.6 INSPECTIONS, INVESTIGATIONS, AND
RECORDKEEPING.
1. Entrance and inspections. In order to carry out the
purposes of this chapter, the commissioner or the commissioner's
representative, upon presenting appropriate credentials to the owner,
operator, or agent in charge, is authorized:
a. To enter without delay and at reasonable times any
factory, plant, establishment, construction site, or other area,
workplace or environment where work is performed by an employee of an
employer.
b. To inspect and investigate during regular working hours
and at other reasonable times, and within reasonable limits and
within a reasonable manner, any such place of employment and all
pertinent conditions, structures, machines, apparatus, devices,
equipment, and materials therein, and to question privately any such
employer, owner, operator, agent or employee.
2. Subpoena of witness and evidence. In making inspections
and investigations under this chapter, the commissioner may require
the attendance and testimony of witnesses and the production of
evidence under oath. Witnesses shall be paid the same fees and
mileage that are paid witnesses in the district courts of this state.
In case of contumacy, failure, or refusal of any person to obey such
an order, any appropriate district court within the jurisdiction of
which such person is found, or resides, or transacts business, upon
the application by the commissioner, shall have jurisdiction to issue
to such person an order requiring such person to appear, to produce
evidence, if, as, and when so ordered and to give testimony relating
to the matter under investigation or in question, and any failure to
obey such order of the court may be punished by said court as a
contempt thereof.
3. Accident and illness records.a. Each employer shall make, keep and preserve, and make
available to the commissioner such records regarding the employer's
activities relating to this chapter as the commissioner may prescribe
by regulation as necessary or appropriate for the enforcement of this
chapter or for developing information regarding the causes and
prevention of occupational accidents and illnesses. In order to
carry out the provisions of this paragraph such regulations may
include provisions requiring employers to conduct periodic
inspections. The commissioner shall also issue regulations requiring
that employers, through posting of notices or other appropriate
means, keep their employees informed of their protection and
obligations under this chapter, including the provisions of
applicable standards.
b. The commissioner shall prescribe regulations requiring an
employer to maintain accurate records of, and to make periodic
reports on, work related deaths, injuries, and illnesses other than
minor injuries requiring only first aid treatment and which do not
involve medical treatment, loss of consciousness, restriction of work
or motion, or transfer to another job.
c. The commissioner shall issue regulations requiring
employers to maintain accurate records of employee exposures to
potentially toxic materials or harmful physical agents which are
required to be monitored or measured under section 88.5, subsection
2. Such regulations shall provide employees or their authorized
employee representative with an opportunity to observe such
monitoring or measuring, and to have access to the records thereof.
Such regulations shall also make appropriate provisions for each
employee or former employee to have access to such records that will
indicate the employee's own exposure to toxic materials or harmful
physical agents. Each employer shall promptly notify any employee
who has been or is being exposed to toxic materials or harmful
physical agents in concentrations or at levels which exceed those
prescribed by an applicable occupational safety and health standard
promulgated under section 88.5, subsection 2, and shall inform any
employee who is being thus exposed of the corrective action being
taken.
d. All employers in the state of Iowa are required to make
all reports to the secretary required by federal law as if this
chapter were not in effect.
e. The commissioner will make such reports to the secretary
in such form and containing such information, as the secretary shall
from time to time require pursuant to federal law.
f. The regulations referred to in this subsection shall not
prescribe requirements different from those provided by the federal
law and regulations.
4. Representatives of employers and employees. Subject to
regulations issued by the commissioner, a representative of the
employer and an authorized employee representative shall be given an
opportunity to accompany the commissioner or the commissioner's
authorized representative during the physical inspection of any
workplace under subsection 1 of this section, for the purpose of
aiding such inspection. Where there is no authorized employee
representative, the commissioner or the commissioner's authorized
representative shall consult with a reasonable number of employees
concerning matters of health and safety in the workplace.
5. Special inspections. Any employees or authorized employee
representative who believes that a violation of a safety or health
standard exists that threatens physical harm, or that an imminent
danger exists, may request an inspection by giving notice to the
commissioner or the commissioner's authorized representative of such
violation or danger. Any such notice shall be reduced to writing,
shall set forth with reasonable particularity the grounds for the
notice, and shall be signed by the employees or authorized employee
representative, and a copy shall be provided the employer or the
employer's agent no later than at the time of inspection, except that
upon the request of the person giving such notice the person's
identifying information and the identifying information of individual
employees referred to in the notice shall not appear in such copy or
on any record published, released, or made available. If, upon
receipt of such notification, the commissioner determines that there
are reasonable grounds to believe that such violation or danger
exists, the commissioner shall make a special inspection in
accordance with the provisions of this section as soon as
practicable, to determine if such violation or danger exists. If the
commissioner determines that there are no reasonable grounds to
believe that a violation or danger exists, the commissioner shall
notify the employees or authorized employee representative in writing
of such determination. For purposes of this subsection,
"identifying information" means specific personal information
including, but not limited to, the person's name, home address,
telephone number, social security number, and handwriting and
language idiosyncrasies. In circumstances when the release of any
fact may be used to identify the person, that fact shall not be
released.
6. Notice of violations. During any inspection of a
workplace, any employee or representative of employees employed in
such workplace may notify the commissioner or any representative of
the commissioner responsible for conducting the inspection, in
writing, of any violation of this chapter which they have reason to
believe exists in such workplace. The commissioner shall, by
regulation, establish procedures for an informal review of any
refusal by a representative of the commissioner to issue a citation
with respect to any such alleged violation and shall furnish the
employees or authorized employee representative requesting such
review a written statement of the reason for the commissioner's final
disposition of the case.
7. General. Any information obtained by the commissioner
under this chapter shall be obtained with a minimum burden upon
employers. Except for the purpose of administration of this chapter,
no information received by the commissioner or the commissioner's
representative from an employer, in compliance with and pursuant to
this chapter, shall be admissible in any action brought by or for the
benefit of any person. Unnecessary duplication of efforts in
obtaining information shall be reduced to the maximum extent
feasible.
8. Confidentiality. Notwithstanding chapter 22, records
prepared or obtained by the commissioner relating to an enforcement
action conducted pursuant to this chapter shall be kept confidential
until the enforcement action is complete.
a. For purposes of this subsection, an enforcement action is
complete when any of the following occurs:
(1) An inspection file is closed without the issuance of a
citation.
(2) A citation or noncompliance notice resulting from an
inspection becomes a final order of the employment appeal board and
all applicable courts pursuant to sections 88.8 and 88.9, and
abatement is verified.
(3) A determination and any subsequent action is final in an
occupational safety and health discrimination case.
b. A citation or noncompliance notice shall remain a
confidential record until received by the appropriate employer.
c. This subsection shall not affect the discovery rights of
any party to a contested case.
9. Reports -- fire fighters. Reports of inspections and
investigations involving the occupational safety and health for fire
fighters shall be presented to the state fire service and emergency
response council.
88.6 INSPECTIONS, INVESTIGATIONS, AND
RECORDKEEPING.
1. Entrance and inspections. In order to carry out the
purposes of this chapter, the commissioner or the commissioner's
representative, upon presenting appropriate credentials to the owner,
operator, or agent in charge, is authorized:
a. To enter without delay and at reasonable times any
factory, plant, establishment, construction site, or other area,
workplace or environment where work is performed by an employee of an
employer.
b. To inspect and investigate during regular working hours
and at other reasonable times, and within reasonable limits and
within a reasonable manner, any such place of employment and all
pertinent conditions, structures, machines, apparatus, devices,
equipment, and materials therein, and to question privately any such
employer, owner, operator, agent or employee.
2. Subpoena of witness and evidence. In making inspections
and investigations under this chapter, the commissioner may require
the attendance and testimony of witnesses and the production of
evidence under oath. Witnesses shall be paid the same fees and
mileage that are paid witnesses in the district courts of this state.
In case of contumacy, failure, or refusal of any person to obey such
an order, any appropriate district court within the jurisdiction of
which such person is found, or resides, or transacts business, upon
the application by the commissioner, shall have jurisdiction to issue
to such person an order requiring such person to appear, to produce
evidence, if, as, and when so ordered and to give testimony relating
to the matter under investigation or in question, and any failure to
obey such order of the court may be punished by said court as a
contempt thereof.
3. Accident and illness records.a. Each employer shall make, keep and preserve, and make
available to the commissioner such records regarding the employer's
activities relating to this chapter as the commissioner may prescribe
by regulation as necessary or appropriate for the enforcement of this
chapter or for developing information regarding the causes and
prevention of occupational accidents and illnesses. In order to
carry out the provisions of this paragraph such regulations may
include provisions requiring employers to conduct periodic
inspections. The commissioner shall also issue regulations requiring
that employers, through posting of notices or other appropriate
means, keep their employees informed of their protection and
obligations under this chapter, including the provisions of
applicable standards.
b. The commissioner shall prescribe regulations requiring an
employer to maintain accurate records of, and to make periodic
reports on, work related deaths, injuries, and illnesses other than
minor injuries requiring only first aid treatment and which do not
involve medical treatment, loss of consciousness, restriction of work
or motion, or transfer to another job.
c. The commissioner shall issue regulations requiring
employers to maintain accurate records of employee exposures to
potentially toxic materials or harmful physical agents which are
required to be monitored or measured under section 88.5, subsection
2. Such regulations shall provide employees or their authorized
employee representative with an opportunity to observe such
monitoring or measuring, and to have access to the records thereof.
Such regulations shall also make appropriate provisions for each
employee or former employee to have access to such records that will
indicate the employee's own exposure to toxic materials or harmful
physical agents. Each employer shall promptly notify any employee
who has been or is being exposed to toxic materials or harmful
physical agents in concentrations or at levels which exceed those
prescribed by an applicable occupational safety and health standard
promulgated under section 88.5, subsection 2, and shall inform any
employee who is being thus exposed of the corrective action being
taken.
d. All employers in the state of Iowa are required to make
all reports to the secretary required by federal law as if this
chapter were not in effect.
e. The commissioner will make such reports to the secretary
in such form and containing such information, as the secretary shall
from time to time require pursuant to federal law.
f. The regulations referred to in this subsection shall not
prescribe requirements different from those provided by the federal
law and regulations.
4. Representatives of employers and employees. Subject to
regulations issued by the commissioner, a representative of the
employer and an authorized employee representative shall be given an
opportunity to accompany the commissioner or the commissioner's
authorized representative during the physical inspection of any
workplace under subsection 1 of this section, for the purpose of
aiding such inspection. Where there is no authorized employee
representative, the commissioner or the commissioner's authorized
representative shall consult with a reasonable number of employees
concerning matters of health and safety in the workplace.
5. Special inspections. Any employees or authorized employee
representative who believes that a violation of a safety or health
standard exists that threatens physical harm, or that an imminent
danger exists, may request an inspection by giving notice to the
commissioner or the commissioner's authorized representative of such
violation or danger. Any such notice shall be reduced to writing,
shall set forth with reasonable particularity the grounds for the
notice, and shall be signed by the employees or authorized employee
representative, and a copy shall be provided the employer or the
employer's agent no later than at the time of inspection, except that
upon the request of the person giving such notice the person's
identifying information and the identifying information of individual
employees referred to in the notice shall not appear in such copy or
on any record published, released, or made available. If, upon
receipt of such notification, the commissioner determines that there
are reasonable grounds to believe that such violation or danger
exists, the commissioner shall make a special inspection in
accordance with the provisions of this section as soon as
practicable, to determine if such violation or danger exists. If the
commissioner determines that there are no reasonable grounds to
believe that a violation or danger exists, the commissioner shall
notify the employees or authorized employee representative in writing
of such determination. For purposes of this subsection,
"identifying information" means specific personal information
including, but not limited to, the person's name, home address,
telephone number, social security number, and handwriting and
language idiosyncrasies. In circumstances when the release of any
fact may be used to identify the person, that fact shall not be
released.
6. Notice of violations. During any inspection of a
workplace, any employee or representative of employees employed in
such workplace may notify the commissioner or any representative of
the commissioner responsible for conducting the inspection, in
writing, of any violation of this chapter which they have reason to
believe exists in such workplace. The commissioner shall, by
regulation, establish procedures for an informal review of any
refusal by a representative of the commissioner to issue a citation
with respect to any such alleged violation and shall furnish the
employees or authorized employee representative requesting such
review a written statement of the reason for the commissioner's final
disposition of the case.
7. General. Any information obtained by the commissioner
under this chapter shall be obtained with a minimum burden upon
employers. Except for the purpose of administration of this chapter,
no information received by the commissioner or the commissioner's
representative from an employer, in compliance with and pursuant to
this chapter, shall be admissible in any action brought by or for the
benefit of any person. Unnecessary duplication of efforts in
obtaining information shall be reduced to the maximum extent
feasible.
8. Confidentiality. Notwithstanding chapter 22, records
prepared or obtained by the commissioner relating to an enforcement
action conducted pursuant to this chapter shall be kept confidential
until the enforcement action is complete.
a. For purposes of this subsection, an enforcement action is
complete when any of the following occurs:
(1) An inspection file is closed without the issuance of a
citation.
(2) A citation or noncompliance notice resulting from an
inspection becomes a final order of the employment appeal board and
all applicable courts pursuant to sections 88.8 and 88.9, and
abatement is verified.
(3) A determination and any subsequent action is final in an
occupational safety and health discrimination case.
b. A citation or noncompliance notice shall remain a
confidential record until received by the appropriate employer.
c. This subsection shall not affect the discovery rights of
any party to a contested case.
9. Reports -- fire fighters. Reports of inspections and
investigations involving the occupational safety and health for fire
fighters shall be presented to the state fire service and emergency
response council.
