Title 22, LABOR AND SAFETY

Sec. 1. A person commits a Class A misdemeanor if the person, whether or not acting under color of law, by force or threat of force intentionally intimidates or interferes with or attempts to intimidate or interfere with a person: (1) because of the person's race, color, religion…

Sec. 1. (a) There is created a special fund known as the residual asbestos injury fund (referred to as "the fund" in this chapter) for the purpose of providing compensation to employees who become totally and permanently disabled from an exposure to asbestos while in employment w…

Sec. 2. (a) This section applies to: (1) each insurance carrier insuring employers who may be or who are liable under IC 22-3-2 through IC 22-3-7 to pay compensation; and (2) each employer carrying its own risk to pay compensation under IC 22-3-2 through IC 22-3-7. (b) Before Aug…

Sec. 5. The board may secure expert medical testimony as it considers necessary at the expense of the fund to protect the fund against questionable claims for benefits. As added by P.L.224-1985, SEC.5.

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.172-1991 apply to individuals who file a disaster unemployment assistance claim or a state unemployment insurance claim after June 1, 1990, and before June 2, 1991, or during a period to be determined by the genera…

Sec. 1. (a) For the purpose of charging employers' experience or reimbursable accounts with regular benefits paid subsequent to July 3, 1971, to any eligible individual but except as provided in IC 22-4-22 and subsection (f), such benefits paid shall be charged proportionately ag…

Sec. 1.5. (a) As used in this section, "erroneous payment" means a payment that would not have been made but for the failure by an employer or a person acting on behalf of the employer with respect to a claim for unemployment benefits to which the payment relates. (b) As used in …

Sec. 10. (a) Merit rate calculations begin with the allocation of the pool account to employers. Employers are notified of the mutualized benefit charges on the annual merit rate notice. Mutualized benefit charges are nonprotestable. (b) Any employer with: (1) outstanding liabili…

Sec. 11. (a) If a city or town had previously been a covered employer to the extent of its municipal utilities, the utilities will pay contributions at their computed rate, but the rate will not exceed the prescribed rate under section 2(c) of this chapter. (b) If, by statute, a …

Sec. 12. (a) The department may accelerate contribution payments under IC 22-4-10-1(a). When the department determines that contribution payments should be accelerated under the conditions set forth by statute, each subject employer will be notified not fewer than thirty (30) day…

Sec. 13. Any employer that makes an election to reimburse benefit charges under IC 22-4-10-1 will continue to be liable for payments in lieu of contributions until the employer files a written request to terminate its election. If the department approves the election, the employe…

Sec. 14. (a) Where the status of an employer is changed by cessation or disposition of a business or an appointment of a receiver, trustee, trustee in bankruptcy, or other fiduciary, the following apply: (1) The employer shall immediately notify the department in the manner and o…

Sec. 2. (a) Except as provided in IC 22-4-10-6 and IC 22-4-11.5, the department shall for each year determine the contribution rate applicable to each employer. (b) The balance shall include contributions with respect to the period ending on the computation date and actually paid…

Sec. 3. (a) The applicable schedule of rates for calendar years before January 1, 2011, shall be determined by the ratio resulting when the balance in the fund as of the determination date is divided by the total payroll of all subject employers for the immediately preceding cale…

Sec. 3.3. (a) For calendar years after 2001 and before 2011, if the conditions of section 2 of this chapter are met, the rate of contributions shall be determined and assigned, with respect to each calendar year, to employers whose accounts have a credit balance and who are eligi…

Sec. 3.5. (a) For calendar years after 2010 and before 2021, if the conditions of section 2 of this chapter are met, the rate of contributions shall be determined and assigned, with respect to each calendar year, to employers whose accounts have a credit balance and who are there…

Sec. 3.7. (a) For calendar years after 2020, if the conditions of section 2 of this chapter are met, the rate of contributions shall be determined and assigned, with respect to each calendar year, to employers whose accounts have a credit balance and who are therefore eligible ac…

Sec. 4. If the commissioner finds that any employer has failed to file any payroll report or has filed a report which the commissioner finds incorrect or insufficient, the commissioner shall make an estimate of the information required from the employer on the basis of the best e…

Sec. 5. (a) Every employer subject to this article shall report the following information to the department in the form and manner prescribed by the department: (1) Federal employer identification number assigned to the employer by the Internal Revenue Service. (2) Total gross wa…

Sec. 6. (a) Each employer shall ascertain the Social Security number or individual taxpayer identification number of each employee and include the employee's name and Social Security number or individual taxpayer identification number in any report filed under this article with t…

Sec. 7. (a) If an employer has incurred no payroll, and no contributions are due for a particular quarter, the employer's quarterly wage and employment report may be marked "nothing to report" in the form and manner required by the department in lieu of completing the report with…

Sec. 8. (a) If an employer fails to timely submit quarterly wage and employment reports, the department shall determine whether to estimate employer contributions. The following circumstances relate to a contribution estimation by the department: (1) An employer's contact with ot…

Sec. 9. (a) An employer shall be subject to the penalty rate, as established under section 2 of this chapter, if either of the following occur: (1) The employer fails to file any required quarterly wage and employment report. (2) The employer fails to pay the contributions, surch…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 1. As used in this chapter, unless otherwise provided: "Board" means the board of safety review created by this chapter. "Commission" means the occupationa…

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

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

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

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, …