§ 22-8-1.1-27.1 — Civil penalties

Indiana § 22-8-1.1-27.1

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

Text

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 violation.
(2) Any employer who has received a safety order for a serious
violation of any standard, rule, or order or this chapter may be
assessed a civil penalty of up to seven thousand dollars ($7,000)
for each such violation.
(3) Any employer who fails to correct a violation for which a
safety order has been issued within the period permitted may be
assessed a civil penalty of up to seven thousand dollars ($7,000)
for each day during which the failure or violation continues.
(4) Any employer who fails to comply with the posting
requirements in this chapter may be assessed a civil penalty of up
to seven thousand dollars ($7,000) for each violation.
(5) Any employer who repeatedly violates any standard, rule, or
order or this chapter may be assessed a civil penalty of up to
seventy thousand dollars ($70,000) for each violation.
(6) Any employer who knowingly violates any standard, rule, or
order or this chapter, where any such violation cannot reasonably
be determined to have contributed to an employee fatality, shall
be assessed a civil penalty of not less than five thousand dollars
($5,000) for each violation and may be assessed a civil penalty of
up to seventy thousand dollars ($70,000) for each violation.
(7) An employer who knowingly violates any standard, rule, or
order or this chapter, where any such violation can reasonably be
determined to have contributed to an employee fatality, shall be
assessed a civil penalty of not less than nine thousand four
hundred seventy-two dollars ($9,472) for each violation and may
be assessed a civil penalty of up to one hundred thirty-two
thousand five hundred ninety-eight dollars ($132,598) for each
violation.
(b) For purposes of this section, a serious violation exists in a place
of employment if there is a substantial probability that death or serious
physical harm could result from a condition which exists or from one
(1) or more practices, means, methods, operations, or processes which
have been adopted or are in use in the place of employment, unless the
employer did not know and could not, with the exercise of reasonable
diligence, have known of the presence of the violation.
Formerly: Acts 1973, P.L.241, SEC.26. As amended by Acts
1978, P.L.2, SEC.2233; P.L.170-1991, SEC.25; P.L.84-2019,
SEC.1.