Second Regular Session 117th General Assembly (2012)
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HOUSE ENROLLED ACT No. 1173
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 22-8-1.1-24.1; (12)HE1173.1.1. -->
SECTION 1. IC 22-8-1.1-24.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 24.1.
Requests for Inspection. (a)
In the case of a written request for an
inspection by an employee or
representative of an employee
believes that a violation of a safety or health standard exists that
threatens physical harm or that an imminent danger exists, a copy shall
be provided the employer at the time of inspection, except that, upon
request of the complainant
his, or by a decision by the commissioner:
name of the complainant
and any identifying
the name and identifying information
employees referred to therein;
shall not appear in such copy or on any record published, released, or
made available by the commissioner. The commissioner shall make the
inspection, or shall reply in writing within twenty (20) days giving the
he the commissioner
is not making the requested
inspection. In the event a requested inspection is made, and no safety
order issued, the commissioner shall reply in writing within twenty (20)
days giving the reason for
The employee or
representative of the employee,
receipt of the commissioner's reply under subsection (a),
or upon the
failure of the commissioner to reply, may request informal review of
the request for an inspection made under subsection (a), or after
inspection, upon the refusal to issue a safety order, by filing a written
request for such informal review with the commissioner. Within twenty
(20) days of receipt of the request, informal review shall commence
with a final decision to be rendered within ten (10) days thereafter.
SOURCE: IC 22-8-1.1-24.3; (12)HE1173.1.2. -->
SECTION 2. IC 22-8-1.1-24.3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 24.3. Subject to
regulations issued by the commissioner, a representative of the
employer and a representative of the employees shall be given the
opportunity to accompany the inspector during the physical inspection
of the place of employment. Where there is no authorized employee
representative, the inspector shall consult with a reasonable number of
employees concerning matters of health and safety in the place of
employment. The name and any identifying information of those
employees interviewed are confidential for purposes of
SOURCE: IC 22-8-1.1-48; (12)HE1173.1.3. -->
SECTION 3. IC 22-8-1.1-48, AS AMENDED BY P.L.32-2008,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 48. (a) The tax shall be paid directly to the
director who shall deposit the revenues in a special fund to be used
solely for safety and health consultation, education, and training
services for employer groups and for onsite consultation service as
provided in section 41 of this chapter. These revenues shall not be
transferable to any other fund and shall not revert to the general fund
at the end of any fiscal year.
(b) Tax revenues as provided for in section 47 of this chapter shall
be made available to INSafe only by appropriation of the general
assembly based upon the needs of INSafe as determined by the
department and submitted in the form of a budget in the manner
provided by law.
(c) The annual tax payment is due and payable on or before
May 1 of each year in which the tax is imposed.
SOURCE: IC 22-8-1.1-52; (12)HE1173.1.4. -->
SECTION 4. IC 22-8-1.1-52 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2012]: Sec. 52. This section does not apply to a subpoena
requesting only documents or other records. Neither the
commissioner nor any employee or former employee of the
department is subject to subpoena for purposes of inquiry into any
occupational safety and health inspection, except in the following
(1) An enforcement proceeding is brought under this chapter.
(2) An action is filed in which the department is a party.
(3) The commissioner consents in writing to waive the
exemption provided by this section.
(4) A court finds that:
(A) the information sought is essential to the underlying
(B) there are no reasonable alternative means for
acquiring the information; and
(C) a significant injustice would occur if the requested
testimony was not available.
HEA 1173 _ Concur
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