§ 22-8-1.1-25.1 — Violations; safety order; service; limitation

Indiana § 22-8-1.1-25.1

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

Text

1. (a) As used in this section, "employer's
representative" means:
(1) any employee of the employer with whom the commissioner
or the commissioner's representative opens an inspection; or
(2) an individual who identifies themself as an authorized
employer representative to the commissioner or the
commissioner's representative.
(b) If, as a result of the inspection, the commissioner or the
commissioner's designated representative determines there is a
violation of this chapter, or any standard promulgated under it, the
commissioner shall issue a safety order. Such safety order shall:
(1) be in writing;
(2) describe with particularity the nature of the violation with
reference to the provision of this chapter, or the standard alleged
to have been violated; and
(3) fix a reasonable time for the abatement of the violation.
(c) Except as provided under section 51 of this chapter, either at the
time the safety order is issued, or within five (5) working days
thereafter, the commissioner shall notify the employer of the penalty,
if any, being assessed.
(d) Notwithstanding IC 4-21.5-3-1, all safety orders and penalty
assessments shall be served on the employer:
(1) by personal service or registered or certified mail:
(A) at the place where an alleged violation of this chapter or an
alleged violation of a standard set by a rule adopted under this
chapter exists;
(B) at the employer's address registered with the secretary of
state;
(C) at the address of the employer's registered agent; or
(D) at an address provided to the commissioner's
representative:
(i) by the employer or the employer's representative;
(ii) during an inspection; and
(iii) on a form supplied by the commissioner's representative;
or
(2) to an electronic mail address provided to the commissioner's
representative:
(A) by the employer or the employer's representative;
(B) during an inspection; and
(C) on a form supplied by the commissioner's representative.
A safety order or penalty assessment served by electronic mail under
subdivision (2) shall be transmitted with a read receipt or another form
of electronic confirmation to ensure that the recipient has received the
electronic mail. If the commissioner or commissioner's representative
does not receive a receipt or electronic confirmation within five (5)
days of transmission, the commissioner or commissioner's
representative shall, as soon as practicable, mail a physical copy of the
order or assessment by registered or certified mail. The commissioner
or the commissioner's representative shall give notice of safety orders
and penalty assessments under IC 4-21.5-3-6. No safety order may be
issued after the expiration of six (6) months following the occurrence
of any violation.
(e) The commissioner may prescribe procedures for the issuance of
a notice of de minimis violations, in lieu of a safety order, which have
no direct or immediate relationship to safety or health.
Formerly: Acts 1973, P.L.241, SEC.23. As amended by
P.L.34-1988, SEC.3; P.L.117-1994, SEC.2; P.L.220-1995, SEC.2;
P.L.63-2024, SEC.1.