Iowa Code » Chapter 88 — OCCUPATIONAL SAFETY AND HEALTH
Iowa Code

Iowa Code § 88.7 (2026)

Citations

✓ current as of July 2026
Find cases: SyfertCases citing this section IA-LEGlegis.iowa.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

1. Issuance by commissioner.

a. 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 88.5, or of any regulations prescribed pursuant to this chapter, the commissioner shall with reasonable promptness issue a citation to the employer. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the chapter, standard, rules or order alleged to have been violated. In addition, the citation shall fix a reasonable time for the abatement of the violation. The commissioner shall prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety and health.

b. If, upon inspection or investigation, the commissioner or the commissioner’s authorized representative believes that an employee, under the employee’s own volition, has violated the requirements of section 88.4, of any standard, rule or rules promulgated pursuant to section 88.5, or of any regulations prescribed pursuant to this chapter, the commissioner shall with reasonable promptness issue a citation to the employee. Each citation shall be in writing and shall describe with particularity the nature of the violation, including a reference to the provision of the chapter, standard, rules, regulations or order alleged to have been violated. The commissioner shall prescribe procedures for the issuance of a notice in lieu of a citation with respect to de minimis violations which have no direct or immediate relationship to safety and health.

2. Posting of citation. Each citation issued under this section, or a copy or copies thereof, shall be prominently posted, as prescribed in regulations issued by the commissioner, at or near each place a violation referred to in the citation occurred.

3. Statute of limitations. No citation may be issued under this section after the expiration of six months following the occurrence of any violation. [C66, 71, §88A.15; C73, 75, 77, 79, 81, §88.7] 2018 Acts, ch 1041, §33 Referred to in §88.8, 88.14, 88.15 \n

Notes of Decisions
Cited in 6 cases, 1969–2007 · leading case: Titan Tire Corp. v. Labor Comm'r, 637 N.W.2d 115 (Iowa 2001).
Sort: Relevance Newest Treatment
Titan Tire Corp. v. Labor Comm'r, 637 N.W.2d 115 (Iowa 2001). · cites it 20× “Iowa Code § 88.7 . Titan contends that if IOSHA cannot issue a citation for violations more than six months old pursuant to section 88.”
Johnson Mach. Works, Inc. v. Parkins, 171 N.W.2d 139 (Iowa 1969). · cites it 8× “Section 88.7, Iowa Code, 1966, (which predates the Iowa Employment Safety Act) provides: "When any person shall remove any guard or safety appliance from any machine or other equipment, or shall so adjust or place the same as to destroy or impair its use in preventing bodily…”
Insituform Tech., Inc. v. Emp. Appeal Bd., 728 N.W.2d 781 (Iowa 2007). “§ 88.7(a). Accordingly, we will give appropriate deference to the Board’s assessment of a penalty and reverse the Board’s decision if it is based on an irrational, illogical, or wholly unjustifiable application of law to the facts.”
IBP, Inc. v. Iowa Emp. Appeal Bd., 604 N.W.2d 307 (Iowa 1999). · cites it 2× “8(3) provides that an employer who intends to contest a citation issued under Iowa Code section 88.7 shall be afforded an opportunity for an hearing.”
Midwest Carbide Corp. v. Occupational Saf. & Health Review Comm'n, 353 N.W.2d 399 (Iowa 1984). · cites it 4× “After an inspection, a compliance officer from the office of the Iowa Commission of Labor issued a citation to Midwest, section 88.7, for the alleged violation of the "general duty clause" of Iowa Code section 88.”
Insituform Tech., Inc. Vs. Emp. Appeal Bd., A Unit Of The Dep't Of Inspections & Appeals, & Labor Comm'r (Iowa 2007). “Id § 88.7(a). Accordingly, we will give appropriate deference to the Board’s assessment of a penalty and reverse the Board’s decision if it is based on an irrational, illogical, or wholly unjustifiable application of law to the facts.”
— Iowa Code § 88.7(3) — 1 case
Titan Tire Corp. v. Labor Comm'r, 637 N.W.2d 115 (Iowa 2001). “Iowa Code § 88.7 . Titan contends that if IOSHA cannot issue a citation for violations more than six months old pursuant to section 88.”
— Iowa Code § 88.7(a) — 2 cases
Insituform Tech., Inc. v. Emp. Appeal Bd., 728 N.W.2d 781 (Iowa 2007). “§ 88.7(a). Accordingly, we will give appropriate deference to the Board’s assessment of a penalty and reverse the Board’s decision if it is based on an irrational, illogical, or wholly unjustifiable application of law to the facts.”
Insituform Tech., Inc. Vs. Emp. Appeal Bd., A Unit Of The Dep't Of Inspections & Appeals, & Labor Comm'r (Iowa 2007). “Id § 88.7(a). Accordingly, we will give appropriate deference to the Board’s assessment of a penalty and reverse the Board’s decision if it is based on an irrational, illogical, or wholly unjustifiable application of law to the facts.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.