§ 22-8-1.1-17.1 — Criteria for standards

Indiana § 22-8-1.1-17.1

• Jurisdiction: Indiana
• Art. 8: OCCUPATIONAL HEALTH AND SAFETY
• Ch. 1.1: Indiana Occupational Safety and Health Act (IOSHA)

Text

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 that employees are apprised of all
hazards to which they are exposed, relevant symptoms and appropriate
emergency treatment, and proper conditions and precautions of safe use
or exposure. Where appropriate, such a standard shall also prescribe
suitable protective equipment and control or technological procedures
to be used in connection with the hazards and shall provide for
monitoring or measuring employee exposure at such locations and
intervals and in such manner as may be necessary for the protection of
employees. In addition where appropriate, any standard shall prescribe
the type or frequency of medical examinations or other tests which
shall be made available by the employer, at employer's cost, to
employees exposed to hazards in order to most effectively determine
whether the health of the employees is adversely affected by the
exposure. Upon request, the results of examinations or tests shall be
furnished to the department and shall remain confidential within the
department. At the request of the employee, results shall be furnished
to his physician.
(b) The commission, in promulgating standards dealing with toxic
materials or harmful physical agents, shall set the standard which most
adequately assures, to the extent feasible, on the basis of the best
available evidence, that no employee will suffer material impairment
of health or functional capacity even if the employee has regular
exposure to the hazard dealt with by the standard for the period of his
working life. Development of standards shall be based upon research,
demonstrations, experiments, and such other information as may be
appropriate. In addition to the attainment of the highest degree of
health and safety protection for the employee, other considerations
shall be the latest available scientific data in the field, the feasibility of
the standards, and experience gained under this and other health and
safety laws. Whenever practicable, the standard promulgated shall be
expressed in terms of objective criteria and of the performance desired.
(c) The commission, in promulgating standards, shall adopt rules
requiring employers to maintain accurate records of employee
exposures to potentially toxic material or harmful physical agents
which are required to be monitored or measured under the standards.
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.