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Ex. DUT-IA-015 Standing duty Primary source read

ARC 5847C, Adopted and Filed Emergency, Rule making related to emergency temporary standard related to COVID-19 (amending 875-10.20(88))

ARC 5847C - Labor Services Division [875] - Adopted and Filed Emergency - Federal occupational safety and health standards - COVID-19 emergency temporary standard adopted by reference, 10.20

Iowa Labor Commissioner, Labor Services Division [875] (Iowa OSHA) · Iowa (State)

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The record

Jurisdiction
Iowa
Level
State
Authority
ARC 5847C, Iowa Admin. Bull. (Aug. 11, 2021) (filed emergency July 20, 2021; effective July 22, 2021)
Issued
2021-07-20 July 20, 2021
Effective
2021-07-22
End
the adopted federal ETS was 'set to expire after six months' (federal OSHA withdrew the non-recordkeeping provisions of 29 C.F.R. § 1910.502 on Dec. 27, 2021; FED-080 record) (read as 2021-12-27)
In force
July 22, 2021 to Dec. 27, 2021
Quarters
2021 Q3
Limitation types
Face-covering requirementHealth care ordersWorkplace rulesStanding duty
Addressees
  • specified businesses (healthcare employers and settings where suspected or confirmed COVID-19 patients are treated, as defined in 29 C.F.R. § 1910.502(a))
Character
covid workplace rule
Collection
Standing duties: Iowa DUT-IA

Operative words

Amend rule 875-10.20(88) by inserting the following at the end thereof: 86 Fed. Reg. 32620 (June 22, 2021)... At 29 CFR 1953.5(b)(1), a requirement is set forth for Iowa to adopt by reference the new ETS within 30 days of the federal adoption.... This rule making became effective on July 22, 2021.

Penalty

Iowa Code § 88.14 civil penalties for violation of any standard adopted under § 88.5.

What it required

Made the federal COVID-19 Healthcare Emergency Temporary Standard (29 C.F.R. part 1910, subpart U, §§ 1910.502-1910.509; FED-080) Iowa law enforceable by Iowa OSHA from July 22, 2021 in every setting where employees provide healthcare or healthcare support services: written COVID-19 plan, patient screening, PPE and respirators, physical distancing and barriers, cleaning and ventilation, health screening and medical removal with pay, vaccination leave, training and recordkeeping.

Retrieval note

Companion Notice of Intended Action ARC 5846C published the same day. The ARC recites that 'federal OSHA found that the ETS is necessary due to the grave danger posed by the COVID-19 virus' and that 'Iowa Code section 88.5(5) is closely aligned with the federal ETS law.' The federal instrument is in the library as FED-080 (and SEC-01-001, SEC-02-001); cite those for the standard's text.