§ 22-8-1.1-23.1 — Right of entry; exempt employers; exceptions

Indiana § 22-8-1.1-23.1

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

Text

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 particularity the grounds for inspection, may enter without
delay and inspect at all reasonable times places of employment in order
to enforce any provisions of this chapter, including occupational safety
and health standards. Persons making inspections shall present
appropriate credentials to the owner, operator, or agent in charge of the
place of inspection.
(b) Notwithstanding the provisions of subsection (a), the
commissioner and the commissioner's representatives do not have a
right of entry for an inspection of the premises of an employer who:
(1) is engaged in a farming operation that employs ten (10) or
fewer employees and does not maintain a labor camp; or
(2) qualifies for the small business exemption by:
(A) employing ten (10) or fewer employees; and
(B) being included within a category having an occupational
injury lost work day case rate, at the most precise Standard
Industrial Classification Code for which the data are published,
less than the national average rate as the rates are most recently
published by the Secretary of Labor, acting through the Bureau
of Labor Statistics, in accordance with 29 U.S.C. 673.
(c) Notwithstanding the provisions of subsection (b), the premises
of an employer qualified for exemption from inspection, other than an
employer engaged in a farming operation described in subsection
(b)(1), may be inspected to:
(1) provide technical assistance, educational and training services,
and conduct surveys and studies;
(2) conduct an inspection or investigation in response to an
employee complaint under section 24.1 of this chapter, issue a
citation for violations found during the inspection, and assess a
penalty for violations that are not corrected within a reasonable
abatement period and for any willful violations found;
(3) take any action authorized by this chapter with regard to
imminent dangers;
(4) take any action authorized by this chapter with respect to
health hazards;
(5) take any action authorized by this chapter with respect to a
report of an employment accident that:
(A) is fatal to one (1) or more employees; or
(B) results in hospitalization of one (1) or more employees;
and to take any action pursuant to any investigation authorized by
this chapter; or
(6) take any action authorized by this chapter with respect to
complaints of discrimination against employees for exercising any
legal right under this chapter.
Formerly: Acts 1973, P.L.241, SEC.19. As amended by Acts
1977, P.L.263, SEC.2; P.L.221-1995, SEC.1; P.L.220-1995,
SEC.1.