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IC 22-8-1.1-2
Employers; duties
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 to employees.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.2.)
IC 22-8-1.1-3
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-3.1
Compliance with standards by employer; informing employees
Sec. 3.1. Every employer shall comply with the occupational
health and safety standards promulgated under this chapter, and
pursuant to any directions in such standards, keep his 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.
(Formerly: Acts 1973, P.L.241, SEC.3.)
IC 22-8-1.1-4
Safety devices or safeguards; removing or damaging; interference;
compliance by employees with standards
Sec. 4. No employee may remove, damage, carry off, or render
inoperative any safety device or safeguard furnished or provided for
use in any employment, or place of employment, or interfere with the
use thereof by any other person. Each employee shall comply with
the occupational health and safety standards promulgated under this
chapter.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.4.)
As amended by Acts 1978, P.L.2, SEC.2230.
IC 22-8-1.1-5
Safety processes; interference with use; obedience to orders
Sec. 5. No person may interfere with the use of any method or
process adopted for the protection of any employee in his
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.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.5.)
As amended by Acts 1978, P.L.2, SEC.2231.
IC 22-8-1.1-6
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-6.5
Religious objections to treatment
Sec. 6.5. Nothing in this chapter or the standards adopted under
this chapter shall be deemed to authorize or require medical
examination, immunization, or treatment for those who object on
religious grounds, except where such is necessary for the protection
of the health and safety of others.
(Formerly: Acts 1972, P.L.175, SEC.1.) As amended by
P.L.144-1986, SEC.173.
IC 22-8-1.1-7
Occupational safety standards commission
Sec. 7. An occupational safety standards commission is created
within the department to promulgate, modify, or revoke safety and
health standards in Indiana and to hear and determine applications
for temporary and permanent variances from those standards.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.6.)
As amended by P.L.37-1985, SEC.34.
IC 22-8-1.1-9
Commission; terms
Sec. 9. Commission: Terms. Members of the commission shall
serve terms of three (3) years and until their successors are appointed
except that of the members first appointed, three (3) members
representing management, labor and the public shall be appointed for
three (3) years and three (3) members representing management,
labor and the public for two (2) years and three (3) members
representing management, labor and the public for one (1) year.
Vacancies shall be filled by appointment for an unexpired term by
the governor in the same manner as the original appointments.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.8.)
IC 22-8-1.1-10
Commission; organization
Sec. 10. The commission shall meet annually at the call of the
commissioner and elect a chairman and such other officers as they
deem appropriate.
(Formerly: Acts 1971, P.L.356, SEC.1.) As amended by
P.L.144-1986, SEC.174.
IC 22-8-1.1-11
Commission; quorum
Sec. 11. (Commission: Quorum) A majority of the commission
constitutes a quorum for the transaction of business.
(Formerly: Acts 1971, P.L.356, SEC.1.)
IC 22-8-1.1-12
Commission; per diem; travel expenses
Sec. 12. (a) Each member of the commission who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the budget agency.
(b) Each member of the commission who is a state employee is
entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the
department of administration and approved by the budget agency.
(Formerly: Acts 1971, P.L.356, SEC.1.) As amended by P.L.34-1988,
SEC.2.
IC 22-8-1.1-13
Commission; meetings
Sec. 13. The commission shall meet at the call of the
commissioner, the chairman or upon the written request of any four
(4) members. However, the commission shall meet at least every
three (3) months at the call of the commissioner to conduct the
business that comes before the commission.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.9.)
As amended by P.L.219-1995, SEC.1.
IC 22-8-1.1-13.1
Repealed
(Repealed by P.L.117-1994, SEC.3.)
IC 22-8-1.1-14
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-15
Standards; incorporation by reference
Sec. 15. (Standards: Incorporation by reference) The commission
may adopt by reference any standards, code, manuals or portions
thereof, published by any nationally recognized organizations or
associations organized or conducted in whole or in part for the
purpose of developing standards for the protection of the life, health
or safety of employees.
(Formerly: Acts 1971, P.L.356, SEC.1.)
IC 22-8-1.1-15.1
Other standards
Sec. 15.1. Any interested person, including representatives of
employers and representatives of employees may propose a standard
to the commission, or the commission may do so on its own motion.
Such proposals shall be in writing. In the development or adoption
of each standard proposed in this manner, the commission shall
appoint and consult with an advisory committee. The advisory
committee shall include equal number of persons qualified to present
the viewpoint of employers involved and of persons similarly
qualified to present the viewpoint of the workers involved. All
members of the advisory committee shall be experienced in the field
to which the proposed standard will apply. The number of members
of any advisory committee shall be at the discretion of the
commission. Any standard developed shall not unduly burden
interstate commerce. Any such standard must be adopted by the
commission in accordance with IC 4-22-2. The said standard shall be
published in a newspaper of general circulation published in Marion
County, Indiana, at least ten (10) days prior to the filing of said
standard with the publisher of the Indiana Register.
(Formerly: Acts 1973, P.L.241, SEC.11.) As amended by
P.L.123-2006, SEC.33.
IC 22-8-1.1-16
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-16.1
Emergency temporary standards
Sec. 16.1. (a) The commission may adopt emergency temporary
standards under IC 4-22-2-37.1. The emergency temporary standard
shall be published in a newspaper of general circulation published in
Marion County, Indiana, at least ten (10) days before the filing with
the publisher of the Indiana Register. In the exercise of this power,
the commission shall first expressly determine:
(1) that employees are exposed to grave danger from exposure
to substances or agents determined to be toxic or physically
harmful or from new hazards; and
(2) that such emergency standard is necessary to protect
employees from such danger.
(b) Temporary emergency standards shall be effective only until
a permanent standard is adopted under IC 4-22-2, or for six (6)
months from the date of publication, whichever period is shorter. The
publication of an emergency temporary standard shall begin a
proceeding in accordance with section 15 of this chapter.
(Formerly: Acts 1973, P.L.241, SEC.12.) As amended by
P.L.31-1985, SEC.47; P.L.1-1990, SEC.237; P.L.123-2006, SEC.34.
IC 22-8-1.1-16.2
Enforcement of standards; alternate standards; statement of
enforceable standards
Sec. 16.2. (a) A United States Occupational Safety and Health
Administration (OSHA) standard lawfully adopted by OSHA under
federal law may be enforced by the department without any further
action by the commission.
(b) The commissioner or the commissioner's designee shall
enforce the federal standards described in subsection (a) not earlier
than sixty (60) days after the final standard by federal OSHA
becomes effective.
(c) The commission may adopt an alternate standard which it
finds is at least as effective in providing safe and healthful
employment as the federal standard under the procedures set forth in
IC 22-8-1.1-15, IC 22-8-1.1-15.1, and IC 22-8-1.1-16.1.
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 own exposure to toxic materials or harmful physical
agents. Under these rules, each 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.
(Formerly: Acts 1973, P.L.241, SEC.13.) As amended by
P.L.37-1985, SEC.35.
IC 22-8-1.1-17.5
Enforcement; federal standards; conformity
Sec. 17.5. The commissioner may not adopt or enforce any
provision used to carry out the enforcement of this chapter that is
more stringent than the corresponding federal provision enforced by
the United States Department of Labor under the Occupational
Safety and Health Act of 1970.
As added by P.L.230-1983, SEC.1.
IC 22-8-1.1-17.7
Voluntary protection program implementation
Sec. 17.7. The department shall implement a voluntary protection
program not later than sixty (60) days after the program has been
made available by the United States Occupational Safety and Health
Administration.
As added by P.L.225-1995, SEC.2.
IC 22-8-1.1-18
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-19
Standards; declaratory judgment
Sec. 19. Standards: Declaratory Judgment. After promulgation of
a safety standard by the commission, any question as to its
applicability or legal validity may be adjudicated by an action for a
declaratory judgment filed by an affected person or firm under
IC 34-14-1 (or IC 34-4-10 before its repeal).
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.14.)
As amended by P.L.1-1998, SEC.127.
IC 22-8-1.1-19.1
Temporary variances
Sec. 19.1. Temporary Variances. Any employer may apply to the
commission for a temporary order granting a variance from a
standard or any provision thereof promulgated under this chapter.
Such temporary order shall be granted only if the employer
establishes that he is unable to comply with a standard by its
effective date because of unavailability of professional or technical
personnel or of materials and equipment needed to come into
compliance with the standard or because necessary construction or
alteration of facilities cannot be completed by the effective date; that
he is taking all available steps to safeguard his employees against the
hazards covered by the standard; and that he has an effective
program for coming into compliance with a standard as quickly as
practicable. Any temporary order issued under this section shall
prescribe the practices, means, methods, operations and processes
which the employer must adopt and use while the order is in effect
and state in detail his program for coming into compliance with the
standard. Such a temporary order may be granted only after notice to
employees and an opportunity for a hearing. Said notice shall be
given to the authorized representative of the employees and be posted
at or near the location for which the variance is sought. No order for
a temporary variance may be in effect for longer than the period
needed by the employer to achieve compliance with the standard or
one (1) year, whichever is shorter, except that such an order may be
renewed not more than twice, so long as the requirements of this
paragraph are met and if an application for renewal is filed at least
ninety (90) days prior to the expiration date of the order.
(Formerly: Acts 1973, P.L.241, SEC.15.)
IC 22-8-1.1-20
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-20.1
Permanent variances; application; notice; rule or order;
modification or revocation
Sec. 20.1. Any affected employer may apply to the commission
for a permanent variance from a standard promulgated under this
chapter. Affected employees shall be given notice of each such
application by posting it at or near the location for which the
variance is sought, and an opportunity to participate in a hearing. The
commission shall issue such rule or order if it determines, after a
hearing, including an inspection, if appropriate, that the proponent of
the variance has demonstrated by a preponderance of the evidence
that the conditions, practices, means, methods, operations, or
processes used or proposed to be used by the employer will provide
employment and places of employment to his employees which are
as safe and healthful as those which would prevail if he complied
with the standard. The rule or order so issued shall prescribe the
conditions the employer must maintain, and the practices, means,
methods, operations, and processes which he must adopt and utilize
to the extent they differ from the standard in question. Such a rule or
order may be modified or revoked upon application by an employer,
employees, the commissioner of labor, or the commission on its own
motion, in the manner prescribed for its issuance under this section
at any time after six (6) months from its issuance, provided that the
moving party gives thirty (30) days notice to the other parties, and a
hearing is held at the request of any of the parties.
(Formerly: Acts 1973, P.L.241, SEC.16.)
IC 22-8-1.1-21
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-21.1
Administrative services
Sec. 21.1. The commissioner and the department shall provide
such administrative services, including docketing, stenographic, and
recordkeeping services, as the commission may require in
discharging its function under this chapter.
(Formerly: Acts 1973, P.L.241, SEC.17.) As amended by
P.L.37-1985, SEC.36.
IC 22-8-1.1-22
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-22.1
Commissioner to administer; other agencies
Sec. 22.1. Commissioner to Administer - Other Agencies. The
commissioner and such representatives as he may designate shall
administer and enforce the provisions of this chapter and the safety
standards adopted by the commission. The commissioner may utilize
other agencies of the state government and its political subdivisions
in carrying out his functions under this chapter.
(Formerly: Acts 1973, P.L.241, SEC.18.)
IC 22-8-1.1-23
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-23.1
Right of entry; exempt employers; exceptions
Sec. 23.1. (a) Except as provided under section 51 of this chapter,
the commissioner and his designated representatives, on their own
motion, or on receipt of a written and signed request for an
inspection from an employee or his representative setting forth with
reasonable particularity the grounds for inspection, may enter
without delay and inspect at all reasonable times places of
employment in order to enforce any provisions of this chapter,
including occupational safety and health standards. Persons making
inspections shall present appropriate credentials to the owner,
operator, or agent in charge of the place of inspection.
(b) Notwithstanding the provisions of subsection (a), the
commissioner and the commissioner's representatives do not have a
right of entry for an inspection of the premises of an employer who:
(1) is engaged in a farming operation that employs ten (10) or
fewer employees and does not maintain a labor camp; or
(2) qualifies for the small business exemption by:
(A) employing ten (10) or fewer employees; and
(B) being included within a category having an occupational
injury lost work day case rate, at the most precise Standard
Industrial Classification Code for which the data are
published, less than the national average rate as the rates are
most recently published by the Secretary of Labor, acting
through the Bureau of Labor Statistics, in accordance with
29 U.S.C. 673.
(c) Notwithstanding the provisions of subsection (b), the premises
of an employer qualified for exemption from inspection, other than
an employer engaged in a farming operation described in subsection
(b)(1), may be inspected to:
(1) provide technical assistance, educational and training
services, and conduct surveys and studies;
(2) conduct an inspection or investigation in response to an
employee complaint under section 24.1 of this chapter, issue a
citation for violations found during the inspection, and assess
a penalty for violations that are not corrected within a
reasonable abatement period and for any willful violations
found;
(3) take any action authorized by this chapter with regard to
imminent dangers;
(4) take any action authorized by this chapter with respect to
health hazards;
(5) take any action authorized by this chapter with respect to a
report of an employment accident that:
(A) is fatal to one (1) or more employees; or
(B) results in hospitalization of one (1) or more employees;
and to take any action pursuant to any investigation authorized
by this chapter; or
(6) take any action authorized by this chapter with respect to
complaints of discrimination against employees for exercising
any legal right under this chapter.
(Formerly: Acts 1973, P.L.241, SEC.19.) As amended by Acts 1977,
P.L.263, SEC.2; P.L.221-1995, SEC.1; P.L.220-1995, SEC.1.
IC 22-8-1.1-24
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-24.1
Employee requests for inspection
Sec. 24.1. (a) In the case of a written request for an inspection by
an employee or a representative of an employee who 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 or by a decision by the commissioner:
(1) the name of the complainant and any identifying
information; and
(2) the name and identifying information of individual
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 reasons why 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 decision.
(b) The employee or a representative of the employee, after
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.
(Formerly: Acts 1973, P.L.241, SEC.20.) As amended by
P.L.76-2012, SEC.1.
IC 22-8-1.1-24.2
Advance notice
Sec. 24.2. Without the approval of the commissioner or his duly
authorized representative, no person may give advance notice of any
inspection. A person who recklessly gives advance notice without
such authority commits a Class B misdemeanor.
(Formerly: Acts 1973, P.L.241, SEC.21.) As amended by Acts 1978,
P.L.2, SEC.2232.
IC 22-8-1.1-24.3
Inspection by representatives
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 IC 5-14-3-4(a)(1).
(Formerly: Acts 1973, P.L.241, SEC.22.) As amended by Acts 1977,
P.L.263, SEC.3; P.L.76-2012, SEC.2.
IC 22-8-1.1-24.7
Contents of safety audit inadmissible
Sec. 24.7. (a) For purposes of this section, "safety audit" means
a written consultation report related to health and safety standards
that is:
(1) prepared for an employer by:
(A) a third party; or
(B) an employee whose principal responsibilities include an
employer's compliance with occupational safety and health
standards; and
(2) not otherwise required by state or federal law.
(b) For purposes of this section, "third party" does not include:
(1) an employer's employee, other than an employee whose
principal responsibilities include an employer's compliance with
occupational safety and health standards;
(2) a representative of an employer's employees; or
(3) any government agency.
(c) The contents of a safety audit are not admissible for purposes
of this chapter if an employer has made a good faith and substantial
effort to correct every hazard noted in the safety audit that is subject
to enforcement under the federal Occupational Safety and Health Act
of 1970, 29 U.S.C. 651 et seq.
(d) This section does not apply to a criminal violation of this
chapter.
IC 22-8-1.1-25
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-25.1
Violations; safety order; service; limitation
Sec. 25.1. (a) If, as a result of the inspection, the commissioner or
his designated representative determines there is a violation of this
chapter, or any standard promulgated under it, the commissioner
shall issue a safety order. Such safety order shall:
(1) be in writing;
(2) describe with particularity the nature of the violation with
reference to the provision of this chapter, or the standard
alleged to have been violated; and
(3) fix a reasonable time for the abatement of the violation.
(b) Except as provided under section 51 of this chapter, either at
the time the safety order is issued, or within five (5) working days
thereafter, the commissioner shall notify the employer of the penalty,
if any, being assessed.
(c) Notwithstanding IC 4-21.5-3-1, all safety orders and penalty
assessments shall be served personally on or sent by registered or
certified mail to the employer at the place where an alleged violation
of this chapter or an alleged violation of a standard set by a rule
adopted under this chapter exists, unless another address is provided
to the commissioner or the commissioner's representative by the
employer during an inspection. The commissioner or the
commissioner's representative shall give notice of safety orders and
penalty assessments under IC 4-21.5-3-6. No safety order may be
issued after the expiration of six (6) months following the occurrence
of any violation.
(d) The commissioner may prescribe procedures for the issuance
of a notice of de minimis violations, in lieu of a safety order, which
have no direct or immediate relationship to safety or health.
(Formerly: Acts 1973, P.L.241, SEC.23.) As amended by
P.L.34-1988, SEC.3; P.L.117-1994, SEC.2; P.L.220-1995, SEC.2.
IC 22-8-1.1-25.2
Posting of safety order
Sec. 25.2. As prescribed by rules issued by the commissioner, the
safety order shall be posted by the employer at or near the place of
the alleged violation in such a manner that affected employees may
become aware of it.
(Formerly: Acts 1973, P.L.241, SEC.24.) As amended by
P.L.34-1988, SEC.4.
IC 22-8-1.1-26
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-26.1
Failure to abate
Sec. 26.1. Failure to Abate. If the commissioner determines after
reinspection the employer has failed to correct a violation for which
a safety order has been issued within the period permitted for its
correction, the commissioner shall issue a notice of failure to correct
violation and accompanying penalty for such failure.
(Formerly: Acts 1973, P.L.241, SEC.25.) As amended by Acts 1977,
P.L.263, SEC.4.
IC 22-8-1.1-27
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-27.1
Civil penalties
Sec. 27.1. (a) The commissioner may assess the following civil
penalties:
(1) Any employer who has received a safety order for violation
of any standard, rule, or order not of a serious nature may be
assessed a civil penalty of up to seven thousand dollars ($7,000)
for each such violation.
(2) Any employer who has received a safety order for a serious
violation of any standard, rule, or order or this chapter may be
assessed a civil penalty of up to seven thousand dollars ($7,000)
for each such violation.
(3) Any employer who fails to correct a violation for which a
safety order has been issued within the period permitted may be
assessed a civil penalty of up to seven thousand dollars ($7,000)
for each day during which the failure or violation continues.
(4) Any employer who fails to comply with the posting
requirements in this chapter may be assessed a civil penalty of
up to seven thousand dollars ($7,000) for each violation.
(5) Any employer who repeatedly violates any standard, rule, or
order or this chapter may be assessed a civil penalty of up to
seventy thousand dollars ($70,000) for each violation.
(6) Any employer who knowingly violates any standard, rule,
order, or this chapter shall be assessed a civil penalty of not less
than five thousand dollars ($5,000) for each violation and may
be assessed a civil penalty of up to seventy thousand dollars
($70,000) for each violation.
(b) For purposes of this section, a serious violation exists in a
place of employment if there is a substantial probability that death or
serious physical harm could result from a condition which exists or
from one (1) or more practices, means, methods, operations, or
processes which have been adopted or are in use in the place of
employment, unless the employer did not know and could not, with
the exercise of reasonable diligence, have known of the presence of
the violation.
IC 22-8-1.1-27.2
Affirmative defenses
Sec. 27.2. (a) An employer may establish an affirmative defense
for a violation of any standard, rule, or order that is the result of
employee misconduct.
(b) The employer has the burden of proving the affirmative
defense in compliance with federal and state law.
(c) If an employer successfully establishes an affirmative defense
under this section, the commissioner may not assess any penalty or
fine against the employer for the violation.
As added by P.L.224-1995, SEC.1.
IC 22-8-1.1-28
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-28.1
Contest of safety orders; petition for review
Sec. 28.1. (a) Any employer receiving a safety order may, within
fifteen (15) working days of such receipt, file a written petition for
review under IC 4-21.5-3-7 of the order or any part thereof with the
commissioner.
(b) If the employer wishes to petition for review of a penalty
assessment, he must file a written petition for review under
IC 4-21.5-3-7 with the commissioner within fifteen (15) working
days of the receipt of the notice of penalty.
(c) An employer receiving a notice of failure to correct violation
may, within fifteen (15) working days of such receipt, file a written
petition for review of the notice with the commissioner.
(d) The petition for review shall contain a statement of the basis
for the contest. Such petition for review shall be posted by the
employer at or near the place of the alleged violation in such a
manner that affected employees may become aware of it.
(Formerly: Acts 1973, P.L.241, SEC.27.) As amended by
P.L.34-1988, SEC.5.
IC 22-8-1.1-28.2
Employee or representative petition for review
Sec. 28.2. Any employee or representative of the employee may,
within fifteen (15) working days of employer receipt of the safety
order, file a written petition for review under IC 4-21.5-3-7 on the
ground that the time fixed for abatement of the violation is
unreasonable.
(Formerly: Acts 1973, P.L.241, SEC.28.) As amended by
P.L.34-1988, SEC.6.
IC 22-8-1.1-28.4
Informal review
Sec. 28.4. The commissioner shall, by rule adopted under
IC 4-22-2, establish procedures for informal review of any safety
order, assessment of penalty, or notice of failure to correct violation.
(Formerly: Acts 1973, P.L.241, SEC.30.) As amended by
P.L.34-1988, SEC.8.
IC 22-8-1.1-28.5
Referral of disputes
Sec. 28.5. If a petition for review is granted, the commissioner
shall immediately certify the dispute to the board of safety review.
(Formerly: Acts 1973, P.L.241, SEC.31.) As amended by
P.L.34-1988, SEC.9.
IC 22-8-1.1-29
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-30
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-30.1
Board of safety review
Sec. 30.1. (a) A board of safety review is created within the
department.
(b) The board shall conduct hearings on contests involving safety
orders, penalties, and notices of failure to correct a violation issued
under this chapter and may affirm, modify, or dismiss the action of
the commissioner in respect to the violation, the penalty, and the
abatement period. All enforcement action on a properly contested
safety order shall be suspended until a final decision has been
rendered by the board of safety review. If a petition for judicial
review is filed under IC 4-21.5-5, the person seeking review may
seek a stay under IC 4-21.5-5-9. If compliance with the safety order
is a final decision, the full abatement period shall commence from
the date of the issuance of the final decision of the board of safety
review or of a court if a stay has been granted.
(Formerly: Acts 1973, P.L.241, SEC.32.) As amended by
P.L.37-1985, SEC.37; P.L.34-1988, SEC.10.
IC 22-8-1.1-31
Board; membership
Sec. 31. Board: membership. The board shall consist of five (5)
members, all of whom shall be residents of Indiana and shall be
appointed by the governor as follows: two (2) of the members shall
be drawn from backgrounds with labor organizations but not more
than one (1) of them shall be from the same international union, and
two (2) of the members shall be drawn from backgrounds with
employers. The chairman of the board shall be the fifth member and
shall be selected from the highest membership classification of the
American Society of Safety Engineers.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.33.)
IC 22-8-1.1-32
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-32.1
Board; terms
Sec. 32.1. Board: Terms. Members of the board shall be appointed
for terms of four (4) years, and until their successors are appointed
and qualified. Of the members first appointed, the members
appointed who are drawn from those who have backgrounds with
management shall be appointed to terms so that in every other year
the term of one (1) or the other of them ends; and the members who
are drawn from those who have backgrounds with labor
organizations shall be appointed so that every other year the term of
one (1) or the other of them ends. The first chairman of the board
shall have a four (4) year term. Vacancies shall be filled in the same
manner as the original appointments, except that a vacancy occurring
during the term of office shall be filled by appointment of the
governor for the unexpired term.
(Formerly: Acts 1973, P.L.241, SEC.34.)
IC 22-8-1.1-33
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-34
Board; quorum
Sec. 34. (Board: Quorum) A majority of the board constitutes a
quorum for the transaction of business.
(Formerly: Acts 1971, P.L.356, SEC.1.)
IC 22-8-1.1-35
Board; per diem and expenses
Sec. 35. (a) Each member of the board who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the budget agency.
(b) The board shall meet on the call of the chairman.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.35.)
As amended by P.L.34-1988, SEC.11.
IC 22-8-1.1-35.1
Inspection of premises; selection and compensation of
administrative law judge
Sec. 35.1. (a) The board in the discharge of its functions may
inspect the premises involved in the dispute.
(b) The board shall select an administrative law judge under
IC 4-21.5-3-9. However, if the board selects any individual who is
not a member of the board, that individual must be an attorney. Any
attorney so appointed shall receive reasonable compensation as
determined by the commissioner.
(Formerly: Acts 1973, P.L.241, SEC.36.) As amended by
P.L.34-1988, SEC.12; P.L.48-2009, SEC.2.
IC 22-8-1.1-35.2
Administrative services
Sec. 35.2. The commissioner and the department shall provide
such administrative services, including docketing, stenographic, and
recordkeeping services, as the board may require in discharging its
function under this chapter.
(Formerly: Acts 1973, P.L.241, SEC.37.) As amended by
P.L.37-1985, SEC.38.
IC 22-8-1.1-35.4
Hearing procedure
Sec. 35.4. Proceedings in any hearing shall be conducted in
accordance with IC 4-21.5-3.
(Formerly: Acts 1973, P.L.241, SEC.39.) As amended by P.L.7-1987,
SEC.97.
IC 22-8-1.1-35.5
Judicial review
Sec. 35.5. Judicial review of any final order of the board shall be
under IC 4-21.5-5.
(Formerly: Acts 1973, P.L.241, SEC.40.) As amended by P.L.7-1987,
SEC.98.
IC 22-8-1.1-35.6
Enforcement of safety orders; penalty assessment; failure to
comply
Sec. 35.6. (a) A safety order, penalty assessment, or notice of
failure to correct violation which has become final, either through
lack of any contest under section 28.1 of this chapter, or after final
action by the board, or after judicial review, shall be enforced by the
commissioner under this section or section 35.7 of this chapter. The
remedies provided in this chapter are cumulative and are in addition
to any other remedy available to the commissioner. The
commissioner's decision to pursue one (1) of the remedies does not
preclude the subsequent or corresponding use of one (1) or more of
the other remedies available to the commissioner.
(b) If an employer fails to comply, the commissioner may refer the
matter to the attorney general, who shall promptly institute
proceedings under IC 4-21.5-6 to enforce the safety order, penalty
assessment, or notice of failure to correct violation.
(Formerly: Acts 1973, P.L.241, SEC.41.) As amended by
P.L.34-1988, SEC.14; P.L.33-2009, SEC.1.
IC 22-8-1.1-35.7
Collection of penalty assessments; judgment liens
Sec. 35.7. (a) If an employer fails to pay a penalty assessed under
this chapter within ten (10) calendar days of the date that the
assessment is final under section 35.6 of this chapter, the
commissioner or the commissioner's representative may file with the
circuit court clerk of any county in which the employer owns any
interest in property, real or personal, tangible or intangible, a warrant
for the amount of the assessment and interest, if applicable. The
commissioner or the commissioner's representative may also send the
warrant to the sheriff of any county in which the employer owns real
or personal property and direct the sheriff to file the warrant with the
circuit court clerk.
(b) When the circuit court clerk receives the warrant from the
commissioner, the commissioner's representative, or the sheriff, the
clerk shall record the warrant by making an entry in the judgment
debtor's column of the judgment record listing the following:
(1) The name of the employer stated in the warrant.
(2) The amount of the warrant.
(3) The date the warrant was filed with the clerk.
(c) When the entry is made, the total amount of the warrant
becomes a judgment against the employer. The judgment creates a
lien in favor of the state that attaches to all the employer's interest in
any real or personal property in the county.
(d) At least thirty (30) calendar days before the date on which the
commissioner intends to file a warrant as provided by subsection (a)
in order to impose a lien on real or personal property, the
commissioner or the commissioner's representative must send a
written notice:
(1) to the owner of the real or personal property that would be
subject to the lien; or
(2) if the owner of record cannot be identified, to the tenant or
other person having control of the real or personal property;
of the date on which the commissioner or the commissioner's
representative intends to file the warrant in order to impose a lien on
the real or personal property. The commissioner or the
commissioner's representative shall provide the circuit court clerk of
the county in which the real or personal property that would be
subject to the lien is located with a copy of the written notice
described in this subsection.
(e) A judgment obtained under subsection (c) is valid for ten (10)
years from the date the judgment is filed.
(f) A judgment obtained under subsection (c) shall be released by
the commissioner:
(1) after the judgment, including all accrued interest to the date
of payment, has been fully satisfied; or
(2) if the commissioner determines that the assessment or the
issuance of the warrant was in error.
(g) If the commissioner determines that the filing of a warrant was
in error, the commissioner or the commissioner's representative shall
mail a release of the judgment to the employer and the circuit court
clerk of each county where the warrant was filed. The commissioner
or the commissioner's representative shall mail the release as soon as
possible but not later than seven (7) calendar days after:
(1) the determination by the commissioner that the filing of the
warrant was in error; and
(2) the receipt of information by the commissioner or the
commissioner's representative that the judgment has been
recorded under subsection (b).
(h) A release issued under subsection (g) must state that the filing
of the warrant was in error.
(i) After a warrant becomes a judgment under subsection (c), the
commissioner may levy upon the property of the employer that is
held by a financial institution (as defined in IC 5-13-4-10) by sending
a claim to the financial institution. Upon receipt of a claim under this
subsection, the financial institution shall surrender to the
commissioner or the commissioner's representative the employer's
property. If the amount or value of the employer's property exceeds
the amount owed to the state by the employer, the financial
institution shall surrender the employer's property in an amount equal
to the amount owed. After receiving the commissioner's notice of
levy, the financial institution is required to place a sixty (60) day
hold or restriction on the withdrawal of funds the employer has on
deposit or subsequently deposits, in an amount not to exceed the
amount owed.
As added by P.L.33-2009, SEC.2. Amended by P.L.1-2010, SEC.89.
IC 22-8-1.1-36
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-36.1
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2251.)
IC 22-8-1.1-37
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-37.1
False statements, representations, or certifications
Sec. 37.1. No person may make a false statement, representation,
or certification in any application, record, report, plan, or other
document required pursuant to this chapter.
(Formerly: Acts 1973, P.L.241, SEC.43.) As amended by Acts 1978,
P.L.2, SEC.2234.
IC 22-8-1.1-38
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-38.1
Discrimination against employee filing complaint or testifying;
complaint; remedy; notice of determination
Sec. 38.1. (a) No person shall discharge or in any way
discriminate against any employee because such employee has filed
a complaint or instituted or caused to be instituted any proceeding
under or related to this chapter or has testified or is about to testify
in any such proceeding or because of the exercise by such employee
on behalf of himself or others of any right afforded by this chapter.
(b) Any employee who believes that he has been discharged or
otherwise discriminated against by any person in violation of this
section may, within thirty (30) calendar days after such violation
occurs, file a complaint with the commissioner alleging such
discrimination.
Upon receipt of such complaint, the commissioner shall cause
such investigation to be made as he deems appropriate. If after such
investigation, the commissioner determines that the provisions of this
section have been violated, he, through the attorney general, shall,
within one hundred twenty (120) days after receipt of said complaint,
bring an action in the circuit courts of Indiana. The circuit courts of
Indiana shall have jurisdiction to restrain violations of this section
and order all appropriate relief, including rehiring, or reinstatement
of the employee to his former position with back pay, after taking
into account any interim earnings of the employee.
(c) Within ninety (90) days of the receipt of a complaint filed
under this section, the commissioner shall notify the complainant in
writing of his determination under this section.
(Formerly: Acts 1973, P.L.241, SEC.44.)
IC 22-8-1.1-39
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-39.1
Imminent danger in workplace; petition for relief; orders;
informing employer and employees of danger; mandamus
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, 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 shall inform the affected employers and
employees of the danger and that he 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.
(Formerly: Acts 1973, P.L.241, SEC.45.)
IC 22-8-1.1-40
INSafe; program of occupational health and safety education and
training
Sec. 40. A division of the department to be known as INSafe is
created to implement a program of occupational health and safety
education and training.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.46.)
As amended by P.L.37-1985, SEC.39; P.L.32-2008, SEC.2.
IC 22-8-1.1-41
INSafe; duties
Sec. 41. The duties of INSafe shall include, but not be limited to,
the following:
(1) Development of a statewide health and safety education and
training program to acquaint employers, supervisors,
employees, and union leaders with the most modern and
effective techniques of accident investigation and prevention.
(2) Development and promotion of the consultative educational
approach as a desirable and effective long range solution to
occupational health and safety problems.
(3) Development of training programs for occupational health
and safety personnel.
(4) Planning, organizing, and attending occupational health and
safety seminars, conferences, and meetings designed for
management, supervisory personnel, employees, and union
representatives.
(5) Definition and establishment of necessary research projects.
(6) Arrangement and procurement of necessary contractual
services and training aids.
(7) Planning, developing, organizing, attending, and presenting
specific occupational health and safety programs for employer
groups.
(8) Conducting onsite consultations upon request from an
employer. Onsite consultation shall be defined by INSafe by
rule under IC 4-22-2.
(9) Providing occupational health and safety pamphlets,
booklets, brochures, and other appropriate health and safety
media.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.47;
Acts 1975, P.L.255, SEC.1.) As amended by P.L.37-1985, SEC.40;
P.L.34-1988, SEC.15; P.L.32-2008, SEC.3.
IC 22-8-1.1-42
INSafe; staff
Sec. 42. The director and staff of INSafe shall be selected and
appointed by the commissioner under IC 4-15-2.2.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.48.)
As amended by P.L.144-1986, SEC.176; P.L.32-2008, SEC.4;
P.L.6-2012, SEC.159.
IC 22-8-1.1-43
INSafe; employer annual report
Sec. 43. (a) To insure the availability of accurate, timely statistical
data concerning occupational health and safety, all employers having
one (1) or more employees simultaneously employed shall submit
annual reports to INSafe (on a form and in a manner prescribed by
the director) of all disabling work injuries.
(b) INSafe may exempt from the requirement of subsection (a)
those classes of employers for whose operations adequate records of
safety experience are already available. INSafe may also exempt any
employer when, in the judgment of the director, the submission of
annual reports by the employer is not necessary to carry out the
purposes of this chapter and would be an undue burden upon the
employer because of size, the nature of its operation or other special
circumstances.
(Formerly: Acts 1971, P.L.356, SEC.1.) As amended by P.L.32-2008,
SEC.5.
IC 22-8-1.1-43.1
Employer records and reports; death and disaster reporting
Sec. 43.1. (a) The commissioner may adopt rules requiring all
employers having eleven (11) or more employees employed to make
and retain records of, and to make reports on, all work related deaths,
injuries, and illnesses.
(b) Deaths and disasters shall be reported directly to the
commissioner within eight (8) hours. "Disaster" is any incident
which results in the hospitalization of three (3) or more persons.
(Formerly: Acts 1973, P.L.241, SEC.49; Acts 1975, P.L.255, SEC.2.)
As amended by P.L.28-1988, SEC.69; P.L.234-2003, SEC.1.
IC 22-8-1.1-44
Repealed
(Repealed by Acts 1973, P.L.241, SEC.57.)
IC 22-8-1.1-44.1
Repealed
(Repealed by Acts 1979, P.L.17, SEC.55.)
IC 22-8-1.1-45
Safety and health consultation service for employers; tax levy
Sec. 45. If the balance in the special fund for safety and health
consultation service on April 1 of each year is less than six hundred
thousand dollars ($600,000) an annual tax is imposed to finance the
safety and health consultation service for employers under section 41
of this chapter.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1975, P.L.255, SEC.3.)
As amended by Acts 1982, P.L.95, SEC.10; P.L.37-1985, SEC.41;
P.L.34-1988, SEC.16.
IC 22-8-1.1-46
Tax; worker's compensation insurance carriers and self-insured
employers
Sec. 46. The tax is imposed upon:
(1) each insurance carrier licensed to do worker's compensation
business in the state; and
(2) each self-insured employer.
(Formerly: Acts 1971, P.L.356, SEC.1.) As amended by P.L.28-1988,
SEC.70.
IC 22-8-1.1-47
Tax; amount; loss for purpose of worker's compensation insurance
rates
Sec. 47. The annual tax shall be an amount equal to three-fourths
of one percent (0.75%) of the total worker's compensation benefits
paid in this state by the insurance carrier and self-insured employers
as provided in section 46 of this chapter during the preceding
calendar year, excluding medical payments. The tax shall constitute
an element of loss for the purpose of establishing worker's
compensation insurance rates.
(Formerly: Acts 1971, P.L.356, SEC.1.) As amended by
P.L.144-1986, SEC.177; P.L.28-1988, SEC.71.
IC 22-8-1.1-48
Use of tax revenues; appropriations; payment date
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.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1975, P.L.255, SEC.4.)
As amended by Acts 1982, P.L.95, SEC.11; P.L.37-1985, SEC.42;
P.L.34-1988, SEC.17; P.L.32-2008, SEC.6; P.L.76-2012, SEC.3.
IC 22-8-1.1-48.1
Rules governing functions of chapter
Sec. 48.1. The commissioner of labor, the occupational safety
standards commission, the board of safety review, and INSafe shall
have the power to make rules governing functions under this chapter,
provided such rules shall not be inconsistent with this chapter or
other applicable statutes.
(Formerly: Acts 1973, P.L.241, SEC.51.) As amended by
P.L.32-2008, SEC.7.
IC 22-8-1.1-48.2
Disposition of penalties
Sec. 48.2. All penalties and fines which may be collected shall be
paid into the state general fund.
(Formerly: Acts 1973, P.L.241, SEC.52.)
IC 22-8-1.1-48.3
Construction of chapter with other laws
Sec. 48.3. 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.
(Formerly: Acts 1973, P.L.241, SEC.53.) As amended by
P.L.28-1988, SEC.72.
IC 22-8-1.1-48.4
Confidentiality of trade secrets; violations
Sec. 48.4. (a) All information reported to or otherwise obtained by
the commissioner, the designated representatives of the
commissioner, the department of labor, the occupational safety
standards commission, the board of safety review, INSafe, and the
agents and employees of any of them that contains or might reveal a
trade secret, shall be considered confidential and shall be disclosed
only to such other officers or employees concerned with the
functions set forth in this chapter as may be necessary for them to
discharge their duties under this chapter. In any proceeding, the
commissioner, the commission, the board, or a court shall issue such
orders as may be appropriate, including the impoundment of files, or
portions of files, to protect the confidentiality of trade secrets.
(b) No person may violate the confidentiality of trade secrets.
(Formerly: Acts 1973, P.L.241, SEC.54.) As amended by Acts 1978,
P.L.2, SEC.2235; P.L.37-1985, SEC.43; P.L.32-2008, SEC.8.
IC 22-8-1.1-49
Violations
Sec. 49. A person who knowingly violates this chapter commits
a Class B misdemeanor, except as otherwise provided.
(Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.55.)
As amended by Acts 1978, P.L.2, SEC.2236.
IC 22-8-1.1-50
Title of chapter
Sec. 50. This chapter shall be known as The Indiana Occupational
Safety and Health Act (IOSHA).
(Formerly: Acts 1974, P.L.1, SEC.10.)
IC 22-8-1.1-51
Restriction on assessment of penalty
Sec. 51. (a) This section does not affect the ability or duty of the
commissioner or the commissioner's designee to conduct
investigations in the following circumstances:
(1) An employee requests an inspection under section 24.1 of
this chapter.
(2) The commissioner receives a report of a death under section
43.1 of this chapter.
(3) The commissioner receives a report of a disaster under
section 43.1 of this chapter.
(b) If:
(1) INSafe conducts an onsite consultation for an employer; and
(2) the employer complied in good faith with an act of the
abatement of the particular alleged violation recommended by
INSafe;
the commissioner may not assess a penalty against the employer
under section 25.1 of this chapter for an alleged violation of a
condition or practice that INSafe specifically examined.
(c) Subsection (b) applies only on a first inspection by the
commissioner following an onsite consultation with INSafe. This
section does not relieve an employer of any obligation to stay in
compliance with any safety or health standard or law which changes
following an onsite consultation with INSafe.
As added by P.L.220-1995, SEC.3. Amended by P.L.1-2009,
SEC.128.
IC 22-8-1.1-52
Commissioner and employees not subject to subpoena except in
certain circumstances
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 circumstances:
(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
case;
(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.
As added by P.L.76-2012, SEC.4.