[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1952.160]

[Page 47-48]
 
                             TITLE 29--LABOR
 
CHAPTER XVII--OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, DEPARTMENT 
                          OF LABOR (CONTINUED)
 
PART 1952_APPROVED STATE PLANS FOR ENFORCEMENT OF STATE STANDARDS
--Table of Contents
 
                             Subpart J_Iowa
 
Sec. 1952.160  Description of the plan as initially approved.


    (a)(1) The plan identifies the Bureau of Labor as the State agency 
designated to administer the plan throughout the State. Its 
responsibilities include both occupational safety and occupational 
health, the latter on a developmental basis. The plan defines the 
covered occupational safety and health issues as defined by the 
Secretary of Labor in 29 CFR 1902.2(c)(i). Under existing occupational 
safety and health legislation, effective July 1, 1972, Iowa has adopted 
as interim standards all the occupational safety and health standards 
and amendments thereto which had been promulgated by the Secretary of 
Labor, except those found in 29 CFR parts 1915, 1916, 1917 and 1918 
(Ship repairing, ship building, ship breaking and longshoring). Hearings 
have been held on the adoption, as permanent standards, of the standards 
in 29 CFR parts 1910 and 1926. Under its existing legislation, the 
Bureau of Labor has exercised statewide inspection authority to enforce 
State standards which are identical to Federal standards. The 
legislation covers all employers including the State and its political 
subdivisions and gives the Iowa Bureau of Labor full authority to 
administer and enforce all laws, rules, and orders protecting employee 
safety and health in all places of employment in the State.
    (2) The legislation contains procedures for the promulgation of 
standards, including standards for the prompt protection of employees 
against new and unforeseen hazards; furnishing information to employees 
on hazards, precautions, symptoms, and emergency treatment; procedures 
for granting temporary and permanent variances; and for the protection 
of employees from hazards. The law provides

[[Page 48]]

for inspections including inspections in response to complaints; ensures 
employer and employee representatives an opportunity to accompany 
inspectors and call attention to possible violations before, during and 
after inspections; protection of employees against discharge or 
discrimination in terms or conditions of employment through court suits 
brought by the Bureau of Labor; notice to employees of their protections 
and obligations under the State law; imminent danger abatement through 
court injunctions; safeguards to protect trade secrets; prompt notice to 
employers and employees of alleged violations of standards and abatement 
requirements; effective sanctions against employers; employer right to 
review of alleged violations, abatement periods, and proposed penalties 
with an opportunity for employee participation as parties; and employee 
review of any citation issued to the employee, in review proceedings 
before the independent Review Commission.
    (3) The plan is developmental in the establishment of a compliance 
program for agriculture, mercantile and service employees; development 
of an occupational health program; developing a management information 
system; and hiring and training of staff under the existing State merit 
system.
    (b) Included in the plan is a statement of the Governor's support 
for the plan and a statement of legal opinion that the legislation will 
meet the requirements of the Occupational Safety and Health Act of 1970 
and is consistent with the Constitution and laws of Iowa. The plan sets 
out goals and provides a timetable for bringing it into full conformity 
with part 1902 at the end of three years after the commencement of 
operations under the plan.
    (c) The plan includes the following documents as of the date of 
approval:
    (1) The plan document with appendices;
    (2) Letters from Jerry L. Addy, Commissioner of Labor, dated January 
2, 1973, and March 21, 1973, with clarifications and modifications of 
the plan;
    (3) Iowa has also submitted the following regulations adopted by the 
State:
    (i) Chapter 3 of the Iowa Bureau of Labor Administrative Rules 
dealing with inspections, citations, and proposed penalties, adopted 
July 25, 1972;
    (ii) Chapter 4 of the Iowa Bureau of Labor Administrative Rules 
dealing with recording and reporting occupational injuries and illnesses 
adopted July 11, 1973, and amended July 25, 1972;
    (iii) Chapter 5 of the Iowa Bureau of Labor Administrative Rules 
dealing with rules of practice for variances, limitations, variations, 
tolerances, and exemptions adopted July 25, 1972, and amended October 5, 
1972.

These adopted rules and regulations which were not part of the plan as 
originally submitted will be evaluated in accordance with the review of 
completions of developmental steps in State plans.

[37 FR 19370, July 20, 1973, as amended at 50 FR 27243, July 2, 1985]