Introduced Version
HOUSE BILL No. 1144
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 22-8-1.1.
Synopsis: Injuries to or death of an employee. Provides that certain
employers or their agents that cause: (1) serious bodily injury to an
employee as a result of a reckless violation of certain administrative
rules commit a Class A misdemeanor; (2) serious bodily injury to an
employee as a result of a knowing or intentional violation of certain
administrative rules commit a Class A misdemeanor; (3) the death of
an employee as a result of a reckless violation of certain administrative
rules commit corporate manslaughter, a Class D felony; and (4) the
death of an employee as a result of a knowing or intentional violation
of certain administrative rules commit corporate manslaughter, a Class
C felony. Authorizes a private right of action for the failure to warn of
certain conditions under the state occupational safety and health act.
Makes conforming amendments.
Effective: July 1, 2006.
Stevenson
January 5, 2006, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 114th General Assembly (2006)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1144
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-8-1.1-1; (06)IN1144.1.1. -->
SECTION 1. IC 22-8-1.1-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. As used in this
chapter, unless otherwise provided:
"Agent of the employer" means a:
(1) manager having management authority or enforcement
powers with respect to a product, practice, or service;
(2) corporate officer; or
(3) member of the board of directors;
of the employer.
"Board" means the board of safety review created by this chapter.
"Bureau" means the safety education and training bureau created by
this chapter.
"Commission" means the occupational safety standards commission
created by this chapter.
"Commissioner" means the commissioner of labor or his the
commissioner's duly designated representative.
"Department" means the department of labor.
"Employee" means a person permitted to work by an employer in
employment.
"Employer" means any individual or type of organization, including
the state and all its political subdivisions, that has in its employ one (1)
or more individuals.
"Political subdivision" has the meaning set forth in
IC 36-1-2-13.
"Safety order" refers to a notice issued to employers by the
commissioner of labor for alleged violations of this chapter, including
any health and safety standards.
"Serious bodily injury" has the meaning set forth in
IC 35-41-1-25.
"Standard" refers to both health and safety standards.
"Voluntary protection program" means a program offered by the
United States Department of Labor, Occupational Safety and Health
Administration to employers subject to this chapter that exempts the
employers from general scheduled inspections.
SOURCE: IC 22-8-1.1-2; (06)IN1144.1.2. -->
SECTION 2. IC 22-8-1.1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. Each employer shall
establish and maintain conditions of work which are reasonably safe
and healthful for employees, and free from recognized hazards that are
causing or are likely to cause death or serious physical harm bodily
injury to employees.
SOURCE: IC 22-8-1.1-3.1; (06)IN1144.1.3. -->
SECTION 3. IC 22-8-1.1-3.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3.1. Every employer or
agent of the employer shall comply with the occupational health and
safety standards promulgated under this chapter, and pursuant to any
directions in such standards, keep his the employees informed of their
protections and obligations under the chapter, the hazards of the work
place and suitable precautions, relevant symptoms and emergency
treatment for such hazards.
SOURCE: IC 22-8-1.1-5; (06)IN1144.1.4. -->
SECTION 4. IC 22-8-1.1-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. No person,
employer, or agent of the employer may interfere with the use of any
method or process adopted for the protection of any employee in his
the employee's employment or place of employment, or of any other
person lawfully within the place of employment, or fail to follow orders
necessary to protect the life, health, and safety of employees and any
other person lawfully within the place of employment.
SOURCE: IC 22-8-1.1-17.1; (06)IN1144.1.5. -->
SECTION 5. IC 22-8-1.1-17.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 17.1. (a) Any standard
promulgated under this chapter shall prescribe the use of labels or other
appropriate forms of warning as are necessary to insure that employees
are apprised of all hazards to which they are exposed, relevant
symptoms and appropriate emergency treatment, and proper conditions
and precautions of safe use or exposure. Where appropriate, such a
standard shall also prescribe suitable protective equipment and control
or technological procedures to be used in connection with the hazards
and shall provide for monitoring or measuring employee exposure at
such locations and intervals and in such manner as may be necessary
for the protection of employees. In addition where appropriate, any
standard shall prescribe the type or frequency of medical examinations
or other tests which shall be made available by the employer, at
employer's cost, to employees exposed to hazards in order to most
effectively determine whether the health of the employees is adversely
affected by the exposure. Upon request, the results of examinations or
tests shall be furnished to the department and shall remain confidential
within the department. At the request of the employee, results shall be
furnished to his the employee's physician.
(b) The commission, in promulgating standards dealing with toxic
materials or harmful physical agents, shall set the standard which most
adequately assures, to the extent feasible, on the basis of the best
available evidence, that no employee will suffer material impairment
of health or functional capacity even if the employee has regular
exposure to the hazard dealt with by the standard for the period of his
the employee's working life. Development of standards shall be based
upon research, demonstrations, experiments, and such other
information as may be appropriate. In addition to the attainment of the
highest degree of health and safety protection for the employee, other
considerations shall be the latest available scientific data in the field,
the feasibility of the standards, and experience gained under this and
other health and safety laws. Whenever practicable, the standard
promulgated shall be expressed in terms of objective criteria and of the
performance desired.
(c) The commission, in promulgating standards, shall adopt rules
requiring employers to maintain accurate records of employee
exposures to potentially toxic material or harmful physical agents
which are required to be monitored or measured under the standards.
These rules shall provide employees or their representatives with an
opportunity to observe monitoring or measuring and to have access to
the records thereof. These rules shall also make appropriate provisions
for each employee to have access to such records as will indicate his
the employee's own exposure to toxic materials or harmful physical
agents. Under these rules, each employer or an agent of the employer
shall notify any employee who is being consistently exposed to toxic
materials or harmful physical agents in concentrations or at levels
which exceed those prescribed by an occupational safety and health
standard and shall inform any employee who is being thus exposed of
the corrective action being taken.
SOURCE: IC 22-8-1.1-37.1; (06)IN1144.1.6. -->
SECTION 6. IC 22-8-1.1-37.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 37.1. (a) No person
may make a false statement, representation, or certification in any
application, record, report, plan, or other document required pursuant
to this chapter.
(b) An employer or agent of the employer may not destroy or
negligently or intentionally allow the destruction of documents
concerning hazards to the public or the employees of the employer.
(c) The falsification or destruction of each document constitutes
a separate offense.
SOURCE: IC 22-8-1.1-39.1; (06)IN1144.1.7. -->
SECTION 7. IC 22-8-1.1-39.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 39.1. (a) Whenever the
commissioner is of the opinion that imminent danger exists in any
workplace in this state, which condition can reasonably be expected to
cause death or serious
physical harm, bodily injury, the commissioner,
through the attorney general, may petition the circuit court of the
county in which such workplace is located for appropriate relief. Any
order issued under this section may require such steps to be taken as
may be necessary to avoid, correct, or remove such imminent danger
and prohibit the employment or presence of any individual in locations
or under conditions where such imminent danger exists, except
individuals whose presence is necessary to avoid, correct, or remove
such imminent danger or to maintain the capacity of a continuous
process operation to resume normal operations without a complete
cessation of operations, or where a cessation of operations is necessary,
to permit such to be accomplished in a safe and orderly manner.
(b) Whenever and as soon as an inspector concludes that conditions
or practices described in subsection (a) exist in any place of
employment,
he the inspector shall inform the affected employers and
employees of the danger and that
he the inspector is recommending to
the commissioner that relief be sought.
(c) If the commissioner arbitrarily or capriciously fails to seek relief
under this section, any employee who may be injured by reason of such
failure, or the representative of such employees, may bring an action
against the commissioner, in the circuit court of the county in which the
imminent danger is alleged to exist or the employer has its principal
office, for a writ of mandamus to compel the commissioner to seek
such an order and for such further relief as may be appropriate.
SOURCE: IC 22-8-1.1-48.3; (06)IN1144.1.8. -->
SECTION 8. IC 22-8-1.1-48.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 48.3. (a) Except as
provided in subsection (b), nothing in this chapter shall be construed
to supersede or in any manner affect any worker's compensation or
occupational diseases law, or any other statutory rights, duties, or
liabilities or create any private right of action.
(b) An employee who is harmed by the failure of the employee's
employer or an agent of the employer to inform the employee of
the responsibilities of the employer or agent under section 3.1 of
this chapter may file a civil action for relief.
SOURCE: IC 22-8-1.1-49; (06)IN1144.1.9. -->
SECTION 9. IC 22-8-1.1-49 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 49.
(a) Subsections (c)
through (f) do not apply to:
(1) the state; or
(2) a political subdivision.
(b) A person who knowingly violates this chapter commits a Class
B misdemeanor, except as otherwise provided.
(c) An employer or agent of the employer who:
(1) recklessly violates a rule adopted under this chapter; and
(2) causes serious bodily injury to an employee;
commits a Class A misdemeanor.
(d) An employer or agent of the employer who:
(1) knowingly or intentionally violates a rule adopted under
this chapter; and
(2) causes serious bodily injury to an employee;
commits a Class A misdemeanor.
(e) An employer or agent of the employer who:
(1) recklessly violates a rule adopted under this chapter; and
(2) causes the death of an employee;
commits corporate manslaughter, a Class D felony.
(f) An employer or agent of the employer who:
(1) knowingly or intentionally violates a rule adopted under
this chapter; and
(2) causes the death of an employee;
commits corporate manslaughter, a Class C felony.