Title 22, LABOR AND SAFETY

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 13. The commission shall meet at the call of the commissioner or the chairman or upon the written request of any four (4) members. However, the commission s…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 15. (Standards: Incorporation by reference) The commission may adopt by reference any standards, code, manuals or portions thereof, published by any nation…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 15.1. Any interested person, including representatives of employers and representatives of employees may propose a standard to the commission, or the commi…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 16.1. The commission may adopt emergency temporary standards under IC 4-22-2. The emergency temporary standard shall be published in a newspaper of general…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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 d…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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 th…

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 1…

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.

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 19. Standards: Declaratory Judgment. After promulgation of a safety standard by the commission, any question as to its applicability or legal validity may …

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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 prom…

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; …

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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 b…

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 21.1. The commissioner and the department shall provide such administrative services, including docketing, stenographic, and recordkeeping services, as the …

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 22.1. Commissioner to Administer - Other Agencies. The commissioner and such representatives as he may designate shall administer and enforce the provision…

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 parti…

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 emp…

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.…

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 e…

Sec. 24.5. (a) At the closing conference after the completion of an inspection, the inspector shall provide the employer or a representative of the employer with a written statement that clearly and concisely provides the following information: (1) The results of the inspection, …

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…

Sec. 25.1. (a) As used in this section, "employer's representative" means: (1) any employee of the employer with whom the commissioner or the commissioner's representative opens an inspection; or (2) an individual who identifies themself as an authorized employer representative t…

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…

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 viola…

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 …

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 employ…

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 penalt…

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. Former…

Sec. 28.3. (a) When a petition for review is filed, the commissioner shall have five (5) working days in which to affirm, amend, or dismiss the safety order and penalty, if any, or the notice of failure to correct violation. Notice of his action shall be served on the employer an…

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.

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.

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 pl…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. 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, a…

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 …

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 appoi…

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.

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 …

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 …

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…

Sec. 35.3. (a) When a dispute has been certified to the board by the commissioner pursuant to section 28.5 of this chapter, the board shall promptly schedule a hearing according to rules of procedure issued by the board, giving reasonable notice thereof to the employer and to the…

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.

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.

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 commi…

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 …

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.

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 procee…

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 cour…