1952.164(a) In accordance with section 18(e) of the Act and procedures in 29 CFR Part 1902, and after determination
that the State met the "fully effective" compliance staffing benchmarks as revised in 1984 in response to a Court Order in AFL-CIO v Marshall (CA
74-406), and was satisfactorily providing reports to OSHA through participation in the Federal-State Unified Management Information System, and
Assistant Secretary evaluated actual operations under the Iowa State plan for a period of at least one year following certification of completion of
developmental steps (41 FR 39027). Based on the 18(e) Evaluation Report for the period of October 1982 through March 1984, and after opportunity for
public comment, the Assistant Secretary determined that in operation the State of Iowa occupational safety health program is at least as effective as
the Federal program in providing safe and healthful employment and places of employment and meets the criteria for final State plan approval in
section 18(e) of the Act and implementing regulations at 29 CFR Part 1902. Accordingly, the Iowa plan was granted final approval and concurrent
Federal enforcement authority was relinquished under section 18(e) of the Act effective July 2, 1985.
..1952.164(b)
1952.164(b) Except as otherwise noted, the plan which has received final
approval covers all activities of employers and all places of
employment in Iowa. The plan does not cover private sector maritime
employment; Federal government-owned, contractor-operated military/munitions facilities; Federal government employers and employees; the
U.S. Postal Service (USPS), including USPS employees, and contract
employees and contractor-operated facilities engaged in USPS mail
operations; bridge construction projects spanning the Mississippi and
Missouri Rivers between Iowa and other States; the enforcement of the
field sanitation standard, 29 CFR 1928.110, and the enforcement of the
temporary labor camps standard, 29 CFR 1910.142, with respect to any
agricultural establishment where employees are engaged in
"agricultural employment" within the meaning of the Migrant and
Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1802(3),
regardless of the number of employees, including employees engaged in
hand packing of produce into containers, whether done on the ground, on
a moving machine, or in a temporary packing shed, except that Iowa
retains enforcement responsibility over agricultural temporary labor
camps for employees engaged in egg, poultry, or red meat production, or
the post-harvest processing of agricultural or horticultural
commodities.
1952.164(c) Iowa is required to maintain a State program which is at least as effective as operations under the
Federal program; to submit plan supplements in accordance with 29 CFR Part 1953; to allocate sufficient safety and health enforcement staff to meet
the benchmarks for State staffing established by the U.S. Department of Labor, or any revisions to those benchmarks; and, to furnish such reports in
such form as the Assistant Secretary may from time to time require.
[50 FR 27243, July 2, 1985; 62 FR 2558, Jan. 17, 1997; 65 FR 36622, June 9, 2000]
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