Iowa Code
Iowa Code § 88.4 (2026)
Duties
✓ current as of July 2026
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1. Each employer shall furnish to each of the employer’s employees employment and a place of employment which is free from recognized hazards that are causing or are likely to cause death or serious physical harm to the employer’s employees and comply with occupational safety and health standards promulgated under this chapter.
2. Each employee shall comply with occupational safety and health standards and all rules and orders issued pursuant to this chapter which are applicable to the employee’s own actions and conduct. [C66, 71, §88A.1; C73, 75, 77, 79, 81, §88.4] Referred to in §88.7, 88.14 \n
Notes of Decisions
Cited in 11
cases, 1977–2014 · leading case: Midwest Carbide Corp. v. Occupational Saf. & Health Review Comm'n, 353 N.W.2d 399 (Iowa 1984).
Midwest Carbide Corp. v. Occupational Saf. & Health Review Comm'n, 353 N.W.2d 399 (Iowa 1984). “Petitioner employer, Midwest Carbide Corporation, appeals from the district court's affirmance on judicial review of the respondent Iowa Occupational Safety and Health Review Commission's decision that Midwest had committed a serious violation of Iowa Code section 88.4 (1979)…”
Titan Tire Corp. v. Labor Comm'r, 637 N.W.2d 115 (Iowa 2001). “If, upon inspection or investigation, the commissioner or the commissioner's authorized representative believes that an employer has violated the requirements of section 88.4, of any standard, rule or rules promulgated pursuant to section 88.”
Eister v. Hahn, 420 N.W.2d 443 (Iowa 1988). “Eister contends section 88.4 makes the regulations applicable in this case.”
IBP, Inc. v. Iowa Emp. Appeal Bd., 604 N.W.2d 307 (Iowa 1999). “§ 654 (a)(1)); see also Iowa Code § 88.4 . Second, an employer has a duty to comply with the more specific safety and health standards promulgated under the federal law.”
Koll v. Manatt's Transp. Co., 253 N.W.2d 265 (Iowa 1977). “Subparagraph 4c asserted defendants were negligent “[i]n violating section 88.4 of the Code of Iowa and 29 USC, § 654 (a)(l)(2).”
Insituform Tech., Inc. v. Emp. Appeal Bd., 728 N.W.2d 781 (Iowa 2007). “However, in creating a civil penalty for a willful violation, the Code provides: Any employer who willfully or repeatedly violates the requirements of section 88.4, any standard, rule, or order adopted or issued pursuant to section 88.”
Larson v. Massey-Ferguson, Inc., 328 N.W.2d 343 (Iowa Ct. App. 1982). “See Iowa Code §§ 88.4 , 85.20. Plaintiff was deprived of that right when he was forced to choose between operating the post-hole digger in accordance with his interpretation of defendant’s instructions or be fired.”
Gerace v. 3-D Mfg. Co., Inc., 522 N.W.2d 312 (Iowa Ct. App. 1994). “Answer: Yes, defendants faded to comply with Iowa Code 88.4, discovery is continuing. In addition, see 3-D Mfg.”
Viking Pump, Inc. v. State Emp. Appeal Bd., 522 N.W.2d 310 (Iowa Ct. App. 1994). “Several citations involved the plaintiffs violation of the general duty clause of Iowa Code section 88.4 by improperly guarding the conveyors, therefore failing to provide employment free from recognized hazards.”
United Parcel Serv., Inc. v. Emp. Appeal Bd. & Comm'r of Labor (Iowa Ct. App. 2014). “See Iowa Code § 88.4 (2009). UPS contested the violations in administrative proceedings and before the district court.”
Insituform Tech., Inc. Vs. Emp. Appeal Bd., A Unit Of The Dep't Of Inspections & Appeals, & Labor Comm'r (Iowa 2007). “However, in creating a civil penalty for a willful violation, the Code provides: Any employer who willfully or repeatedly violates the requirements of section 88.4, any standard, rule, or order adopted or issued pursuant to section 88.”
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