Title 22, LABOR AND SAFETY

Sec. 1. For purposes of NFPA 855 and this chapter, "authority having jurisdiction" refers to the department. As added by P.L.217-2023, SEC.1.

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 10. (a) The commission may adopt rules under IC 4-22-2 to implement this chapter and to specify standards for the installation and operation of utility sca…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 2. As used in this chapter, "NFPA 855" refers to: (1) the 2023 edition of NFPA 855, Standard for the Installation of Stationary Energy Storage Systems, as …

Sec. 3. (a) As used in this chapter, "utility scale battery energy storage system" means an energy storage system (as defined in NFPA 855) that is capable of storing and releasing more than one (1) megawatt of electrical energy for a minimum of one (1) hour using an AC inverter a…

Sec. 4. (a) After June 30, 2023, a person may not: (1) install a new utility scale battery energy storage system; or (2) expand the capacity of an existing utility scale battery energy storage system by more than ten percent (10%) of the system's original capacity; without applyi…

Sec. 5. (a) A person may not operate a utility scale battery energy storage system installed after June 30, 2023, unless the person has first applied for and obtained the approval of the department to do so. (b) An application under this section must contain: (1) a commissioning …

Sec. 6. (a) A utility scale battery energy storage system installation of which is subject to department approval under section 4(a)(1) of this chapter must comply with NFPA 855. (b) An installation added to an existing utility scale battery energy storage system in an expansion …

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 7. The total capacity of the batteries contained within a single enclosure in: (1) a utility scale battery energy storage system installation of which is s…

Sec. 8. (a) This section applies only to a utility scale battery energy storage system installation of which is subject to department approval under section 4(a)(1) of this chapter. (b) If a utility scale battery energy storage system is located less than one-half (1/2) mile from…

Sec. 9. (a) The operator of a utility scale battery energy storage system shall: (1) provide a copy of the emergency response plan described in section 4(b)(4) of this chapter, as finally adopted, to the fire department that is responsible for providing fire protection services i…

Sec. 1. Before December 1, 2025, the budget agency shall provide a written report to the governor and the general assembly regarding the financial impact of the implementation of the unlawful discrimination provisions under this article. The report to the general assembly must be…

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.165-2007 apply to wage claims filed with the commissioner of labor after June 30, 2007. As added by P.L.220-2011, SEC.361.

Sec. 1. Whenever used in this chapter: (a) The term "employer" means and includes every person, firm, partnership, association, corporation, limited liability company, receiver, or other officer of any court of this state, and any agent or officer of any of the above mentioned cl…

Sec. 2. (a) Whenever any employer separates any employee from the pay-roll, the unpaid wages or compensation of such employee shall become due and payable at regular pay day for pay period in which separation occurred: Provided, however, That this provision shall not apply to rai…

Sec. 3. In case of a dispute over wages, the employer shall give notice to the employee of the amount of wages which he concedes to be due, and shall pay such amount, without condition, within the time fixed by this chapter, but the acceptance by the employee of any payment made …

Sec. 4. (a) It shall be the duty of the commissioner of labor to enforce and to insure compliance with the provisions of this chapter, to investigate any violations of any of the provisions of this chapter, and to institute or cause to be instituted actions for penalties and forf…

Sec. 5. (a) The commissioner of labor is hereby authorized to take assignments of wage claims of less than six thousand dollars ($6,000), rights of action for penalties, mechanics and other liens of workers, without being bound by any of the technical rules with reference to the …

Sec. 6. (a) In all actions brought by the labor commissioner as assignee under section 5 of this chapter, no court costs of any nature shall be required to be advanced nor shall any bond or other security therefor be required from the commissioner in connection with the same. (b)…

Sec. 7. Nothing in this chapter shall be construed to repeal IC 22-2-5. Formerly: Acts 1939, c.95, s.8. As amended by P.L.144-1986, SEC.16.

Sec. 8. Criminal offenders in a facility operated by the department of correction (as established by IC 11-8-2-1) or operated by a private operator under contract with the department of correction are specifically exempt from this chapter. As added by P.L.223-2013, SEC.6.

Sec. 1. Any person, firm, limited liability company, or corporation while engaged in business, trade or commerce within this state, and employing in such business, trade or commerce five (5) or more persons shall be liable and respond in damages to any person suffering injury whi…

Sec. 10. This chapter shall not apply to injuries received by any employee before March 2, 1911, nor affect any suit or legal proceedings pending in any court on March 2, 1911. Formerly: Acts 1911, c.88, s.10. As amended by P.L.144-1986, SEC.83.

Sec. 11. This chapter shall be construed as supplemental to all statutes in force on March 2, 1911, concerning employers and employees and shall repeal only such statutes as are in direct conflict with the provisions of this chapter. Nothing in this chapter shall be held to limit…

Sec. 2. In any action prosecuted under the provisions of this chapter the burden of proving that such injured or killed employee did not use due care and diligence at the time of such injury or death shall be upon the defendant, but the same may be proved under the general denial…

Sec. 3. In any action brought against any employer under or by virtue of this chapter to recover damages for injuries or the death of any of his, its, or their employees, such employee shall not be held to have assumed the risks of the employment in any case where the violation o…

Sec. 4. The damages recoverable under this chapter shall be commensurate with the injuries sustained, and in case death results from such injury the action shall survive; provided, that where any such injured person recovers a judgment under the provisions of this chapter and an …

Sec. 5. Any contract, rule, regulation, bylaw, or device whatsoever, the purpose, intent, or effect of which would be to enable any employer to exempt himself or itself from any liability created by this chapter, shall to that extent be void; provided, that in any action brought …

Sec. 6. Where any action is brought on account of the death of any person under this chapter, the liability of any such employer shall not exceed ten thousand dollars ($10,000), and the provisions of the law in force as to parties plaintiff shall apply. Formerly: Acts 1911, c.88,…

Sec. 7. All questions of assumption of risk, negligence or contributory negligence shall be questions of fact for the jury to decide, unless the cause is being tried without a jury, in which case, such questions shall be questions of fact for the court. Formerly: Acts 1911, c.88,…

Sec. 8. No action shall be maintained under this chapter unless the same is commenced within two (2) years from the date the cause of action accrued. Formerly: Acts 1911, c.88, s.8. As amended by P.L.144-1986, SEC.82.

Sec. 9. The term "employer", "persons", "firm", "limited liability company", and "corporation" shall include receivers or other persons charged with the duty of managing, conducting or operating business, trade or commerce. Formerly: Acts 1911, c.88, s.9. As amended by P.L.8-1993…

Sec. 1. Any employing unit which is or becomes an employer subject to this article within any calendar year shall be subject to this article during the whole of such calendar year, except as is otherwise provided in section 3 of this chapter. Formerly: Acts 1947, c.208, s.901; Ac…

Sec. 2. Except as otherwise provided in sections 4 and 5 of this chapter, IC 22-4-7-2(f), and IC 22-4-11.5, an employing unit shall cease to be an employer subject to this article only as of January 1 of any calendar year, if it files with the commissioner, prior to January 31 of…

Sec. 3. (a) This section is subject to the provisions of IC 22-4-6.5 and IC 22-4-11.5. (b) Any employer subject to this article as successor to an employer pursuant to the provisions of IC 22-4-7-2(a) or IC 22-4-7-2(b) shall cease to be an employer at the end of the year in which…

Sec. 4. Any employing unit not otherwise subject to this article which files in the form and manner prescribed by the department its election to become an employer subject to this article for not less than two (2) calendar years shall, with the approval of the election by the dep…

Sec. 5. An employing unit for which services, as specifically excluded by IC 22-4-8-3 or IC 22-4-8-3.5, are performed, may file in the form and manner prescribed by the department its election to consider those services for the employing unit in one (1) or more distinct establish…

Sec. 6. Every employer subject to this article or who has ceased to be subject to this article pursuant to section 2 of this chapter shall post and maintain printed notices thereof on its premises of such design, in such numbers, and at such places as the department may determine…

Sec. 1. As used in this chapter, "agency" means any state or local administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, service, or other similar body of government created or established by law that issues a…

Sec. 10. An employer may not discharge or discriminate against an employee because the employee communicated or cooperated with the attorney general concerning compliance with this chapter. As added by P.L.106-2026, SEC.16.

Sec. 11. The suspension or revocation of a license under this chapter does not relieve an employer from the employer's obligations to withhold, collect, or pay income tax on wages paid to employees. As added by P.L.106-2026, SEC.16.

Sec. 12. This chapter shall be enforced without regard to race, color, or national origin. As added by P.L.106-2026, SEC.16.

Sec. 2. As used in this chapter, "employ" means to engage the services or labor of an individual for wages or other remuneration, including to suffer or permit to work. As added by P.L.106-2026, SEC.16.

Sec. 3. As used in this chapter, "employee" means an individual who is employed by an employer, including an individual who is suffered or permitted to work. As added by P.L.106-2026, SEC.16.

Sec. 4. As used in this chapter, "employer" means a person, including an agent, that employs employees in Indiana. As added by P.L.106-2026, SEC.16.

Sec. 5. As used in this chapter, "operating authorization" means a license, permit, certificate, approval, registration, charter, article of incorporation, or other form of authorization that is: (1) issued by an agency; and (2) used by a person to engage in commerce in Indiana o…

Sec. 6. As used in this chapter, "unauthorized alien" has the meaning set forth in 8 U.S.C. 1324a(h)(3). As added by P.L.106-2026, SEC.16.