Title 22, LABOR AND SAFETY

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…

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…

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.

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 acc…

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.

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 direct…

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 th…

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 thi…

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.

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…

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…

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

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.

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. A…

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 48.4. (a) All information reported to or otherwise obtained by the commissioner, the designated representatives of the commissioner, the department of labo…

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.

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, healt…

Sec. 50. This chapter shall be known as The Indiana Occupational Safety and Health Act (IOSHA). Formerly: Acts 1974, P.L.1, SEC.10.

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 re…

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 …

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 saf…

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 7. An occupational safety standards commission is created within the department to promulgate, modify, or revoke safety and health standards in Indiana and …

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 8. Commission: Membership. The commission shall be composed of nine (9) members, all of whom shall be selected by the governor as follows: three (3) shall r…

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