Iowa Administrative Code

208.4(1) Preparation. a. The consultant will conduct an on-site consultation visit only after appropriate preparation. b. If a request is made during a promotional visit, a consultant may perform on-site consultation activities immediately. 208.4(2) Structured format. a. An initi…

208.5(1) Separation of functions. Consultation shall be conducted independently of Iowa OSHA enforcement. Except as noted in subrule 208.5(3), neither the identity of an employer requesting on-site consultation nor the file or report from the consultation activity will be provide…

health Act. 209.1(1) Complaints about occupational safety and health, if made in good faith, are related to the Iowa occupational safety and health Act, Iowa Code chapter 88, hereinafter referred to as the Act, and an employee is protected against discharge or discrimination caus…

209.2(1) Actions taken by an employer or others that adversely affect an employee may be predicated upon nondiscriminatory grounds. The proscriptions of Iowa Code section 88.9(3) apply when the adverse action occurs because the employee has engaged in protected activities. An emp…

209.3(1) A complaint of Iowa Code section 88.9(3) discrimination may be filed by the employee or by a representative authorized to do so on the employee’s behalf. No particular form of complaint is required. A complaint should be filed with the labor commissioner. 209.3(2) Compla…

filing of a complaint, the labor commissioner is to notify a complainant whether prohibited discrimination occurred. This 90-day provision is considered to be directory in nature. [ARC 8449C, IAB 12/11/24, effective 1/15/25; Editorial change: IAC Supplement 7/9/25]

209.5(1) The labor commissioner’s jurisdiction to entertain complaints related to Iowa Code section 88.9(3) complaints is independent of the jurisdiction of the other agencies or bodies. The labor commissioner may file action in district court regardless of the pendency of other …

conditions of employees with respect to which federal agencies other than the United States Department of Labor exercise statutory authority to prescribe or enforce standards or regulations affecting occupational safety or health. [ARC 8411C, IAB 11/27/24, effective 11/6/24; Edit…

organizations that are not agencies of the U.S. Government that are incorporated by reference in this chapter, have the same force and effect as other standards in this chapter. Only mandatory provisions (i.e., provisions containing the word “shall” or other mandatory language) o…

federal regulations adopted at 29 CFR, Chapter XVII, Part 1910, regulation 1910.7 and Appendix A, as published at 53 Fed. Reg. 12120 (April 12, 1988) and amended at 53 Fed. Reg. 16838 (May 11, 1988), 54 Fed. Reg. 24333 (June 7, 1989) and 65 Fed. Reg. 46818 (July 31, 2000) are ado…

adopted by the United States Secretary of Labor, shall be the rules for implementing Iowa Code chapter 88. This rule adopts the Federal Occupational Safety and Health Standards of 29 CFR, Chapter XVII, Part 1910, as published at 37 Fed. Reg. 22102 to 22324 (October 18, 1972) and …

at 29 CFR 1926.16 and continuing through 29 CFR, Chapter XVII, Part 1926, are hereby adopted by reference for implementation of Iowa Code chapter 88. These federal rules shall apply and be interpreted to apply to the Iowa Occupational Safety and Health Act, Iowa Code chapter 88, …

limit for beryllium is 0.2 micrograms per cubic liter, and the short-term exposure limit for beryllium is 2.0 micrograms per cubic meter over a 15-minute sampling period. This rule is intended to implement Iowa Code section 88.5. [ARC 8433C, IAB 12/11/24, effective 1/15/25; Edito…

adopted by the United States Secretary of Labor, shall be rules for implementing Iowa Code chapter 88. This rule adopts the federal Occupational Safety and Health Standards for Agriculture, 29 CFR 1928 as published at 40 Fed. Reg. 18253-18268 (April 25, 1975) and as amended at: 4…

213.1(1) Bunk or section house. Any building or portion thereof, excepting a family dwelling, in which persons employed by railroad companies are furnished sleeping or living accommodations. 213.1(2) Caboose. Any car or coach used on a train to carry the train crew. 213.1(3) Camp…

213.2(1) General specifications. Water supplied for domestic and drinking purposes under these regulations will meet the standards of the department of health and human services. Cross-connections between a potable and nonpotable water supply are prohibited. 213.2(2) Drinking wat…

213.3(1) General. a. Where running water and sewer or septic tank connections are reasonably available, flush-type toilets and urinals will be maintained. b. Chemical toilets or privies may be used where it is impractical to install inside toilet or urinal facilities. c. No privy…

213.4(1) Eating places. a. Whenever practicable and at all permanent and semipermanent installations, an acceptable place, maintained in clean and sanitary condition, with adequate space for eating meals will be provided for employees who bring their meals to their place of emplo…

213.5(1) Running facilities. Camp cars, other than passenger coaches, furnished for sleeping purposes, will provide at least 50 square feet of floor space for each person with a ceiling height of not less than 7 feet. Where double bunks are used, at least 30 square feet of floor …

213.6(1) General specifications. a. The company will provide for the cleanliness and maintenance of the facilities, fixtures and appurtenances referred to in these regulations. Said fixtures will be maintained in proper working order when offered for use. b. Toilet rooms and wash…

inconsistent with the rules in 481—Chapter 210 or 481—Chapter 211, the applicable provisions of 481— Chapter 210 or 481—Chapter 211 prevail. [ARC 8450C, IAB 12/11/24, effective 1/15/25; Editorial change: IAC Supplement 7/9/25] These rules are intended to implement Iowa Code secti…

presence of hazardous chemicals in the community and the potential health and environmental hazards that the chemicals pose. Requests shall be made during normal office hours of the employer. The employer shall provide the information or reason for refusal within ten days. If the…

220.10(1) If, after conducting an investigation or inspection of the employer’s workplace, the commissioner finds that the complaint is meritorious, the commissioner shall issue an order to comply to the employer that shall set forth with specificity the employer’s noncompliance …

220.2(1) Accessible records include safety data sheets. The employer shall also provide information concerning the quantity of each hazardous chemical stored or used. Quantity information may include the manner of purchase, such as in gallon containers, barrels, tankers, etc. Add…

commissioner setting forth the specific grounds for a claimed exemption. Upon receipt of an application, the commissioner will give the applicant notice and opportunity to be heard at a full evidentiary hearing before the commissioner. [ARC 8751C, IAB 1/8/25, effective 2/12/25; E…

220.4(1) Trade secrets. The employer-applicant has the burden of proof in showing that the information claimed as exempted qualifies as a trade secret. The commissioner may take official notice that similar information of the employer-applicant has been deemed a trade secret and …

ruling will set forth findings of fact and conclusions of law and grant or deny the application. The ruling is the final agency action for purposes of Iowa Code chapter 17A. [ARC 8751C, IAB 1/8/25, effective 2/12/25; Editorial change: IAC Supplement 7/9/25]

employer. If the request is denied by the employer, the requesting party may then file an application for information with the division. The application will set forth the information being requested and that the information was refused by the employer or that the employer denies…

determine if the applicant has a legitimate interest, and if so, the division will make a written demand upon the employer to provide the requested information to the division. If the employer complies, the division will forward copies to the interested person. Requests for the i…

employer on a formal written complaint on any of the following grounds: 220.8(1) The division has not received a reply within 30 days of the request for information pursuant to rule 481—220.7(89B); or 220.8(2) The division finds on an occupational safety and health inspection tha…

are grounds for a complaint, the commissioner shall either notify the employer in writing of the grounds for the complaint and request information or conduct an unannounced inspection of the employer’s workplace at reasonable times and in a reasonable manner. Within 30 days of in…

“Acute care category of bed usage,” as the term applies in Iowa Code section 10A.713(2)“k,” is the same as the acute care categories listed in the state survey section of the American Hospital Association Annual Survey of Hospitals. “Any expenditure in excess of five hundred thou…

from the department while a formal application review is in progress pursuant to Iowa Code section 10A.718. The department will maintain a log of all requests for written status reports by affected persons. Affected persons who request written status reports will submit an electr…

submission of a letter of intent or request for waiver of a letter of intent through issuance of a final decision by the council subject to judicial review under Iowa Code chapter 17A. 2202.11(1) The following stages of the process are intermediate and subject to judicial review …

2202.12(1) The sponsor of an approved application will submit a progress report using the form available on the certificate of need web page six months after approval at hearing. 2202.12(2) Progress reports shall fully identify the project and indicate the current status of the p…

2202.13(1) A request by the applicant for an extension of a certificate of need should be filed with the department using the form available on the certificate of need web page no later than 30 days prior to the expiration of the certificate of need. 2202.13(2) A request for exte…

2202.14(1) Once a project has been approved by the council, no changes that vary from or alter the number of approved beds, the approved services or the approved cost by an amount indicated in 2202.14(2) may be made unless requested by the applicant and approved by the council. R…

section 10A.723 will be conducted in accordance with the department’s procedural rules for contested cases found at 481—Chapter 9. [ARC 7932C, IAB 5/1/24, effective 6/5/24; Editorial change: IAC Supplement 9/4/24]

required in Iowa Code sections 10A.725 and 10A.727, the department will utilize the AHA Annual Survey of Hospitals with the state survey addendum for hospitals and the cost reports for health care facilities submitted to the Medicaid enterprise of the department of health and hum…

2202.2(1) Before applying for a certificate of need, the sponsor of a proposed new institutional health service or changed institutional health service will electronically submit a letter of intent meeting the criteria noted in Iowa Code section 10A.715(1) and containing the proj…

request for a determination of reviewability as to whether the project requires a certificate of need. 2202.3(1) The request should include sufficient details of the proposed project and cite the sections of the Iowa Code that the sponsor relies upon to assert the project is not …

2202.4(1) Application form. a. A sponsor of a proposed project for a new or changed institutional health service will submit to the department an application for certificate of need by using the appropriate application form found on the certificate of need web page. All informati…

2202.5(1) The presence of three members of the council shall constitute a quorum. 2202.5(2) The chair and all other council members present will cast votes or abstain, as the case may be, on all council action. No proxy votes shall be allowed. 2202.5(3) A vote of a majority of th…

section 10A.716(3)“b” are not contested cases. Judicial review pursuant to Iowa Code section 17A.19 of final agency decisions under Iowa Code section 10A.719 will be treated as other agency action. 2202.6(1) The council will use the following meeting format: a. Announcement of ap…

summary review will abide by the following procedures: 2202.7(1) Electronically submit a written request for summary review and a copy of the application and all attachments. The applicant is not required to submit a letter of intent pursuant to Iowa Code section 10A.715 prior to…

2202.8(1) A formal review of an application for a certificate of need pursuant to Iowa Code section 10A.716 may be extended by the department on the basis of any of the following criteria: a. In order to review competing applications simultaneously; b. In the case of technologica…

2202.9(1) The applicant or any affected person who has participated or sought unsuccessfully to participate in the formal review procedure prescribed in Iowa Code section 10A.716 may, for good cause shown, file an application for rehearing in writing with the department stating t…

2203.12(1) Purpose and scope. a. These standards are measures of some of those criteria in Iowa Code section 10A.714(1)“a” through “q.” Criteria that are measured by a standard are cited in parentheses following each standard. b. Certificate of need applications that are to be ev…

2203.13(1) Purpose and scope. a. These standards are measures of some of those criteria in Iowa Code section 10A.714(1)“a” through “q.” Criteria that are measured by a standard are cited in parentheses following each standard. b. Certificate of need applications that are to be ev…