§ 22-8-1.1-24.1 — Employee requests for inspection

Indiana § 22-8-1.1-24.1

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

Text

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 employer at the time of inspection, except that, upon
request of the complainant or by a decision by the commissioner:
(1) the name of the complainant and any identifying information;
and
(2) the name and identifying information of individual employees
referred to therein;
shall not appear in such copy or on any record published, released, or
made available by the commissioner. The commissioner shall make the
inspection, or shall reply in writing within twenty (20) days giving the
reasons why the commissioner is not making the requested inspection.
In the event a requested inspection is made, and no safety order issued,
the commissioner shall reply in writing within twenty (20) days giving
the reason for the decision.
(b) The employee or a representative of the employee, after receipt
of the commissioner's reply under subsection (a), or upon the failure of
the commissioner to reply, may request informal review of the request
for an inspection made under subsection (a), or after inspection, upon
the refusal to issue a safety order, by filing a written request for such
informal review with the commissioner. Within twenty (20) days of
receipt of the request, informal review shall commence with a final
decision to be rendered within ten (10) days thereafter.
Formerly: Acts 1973, P.L.241, SEC.20. As amended by
P.L.76-2012, SEC.1.