Indiana § 22-8-1.1-27.2 Affirmative defenses

Indiana Statutes

§ 22-8-1.1-27.2 — Affirmative defenses

Indiana § 22-8-1.1-27.2

Art. 8OCCUPATIONAL HEALTH AND SAFETY

Ch. 1.1Indiana Occupational Safety and Health Act (IOSHA)

This text of Indiana § 22-8-1.1-27.2 (Affirmative defenses) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 22-8-1.1-27.2 (2026).

Text

2.

(a)An employer may establish an affirmative defense for a violation of any standard, rule, or order that is the result of employee misconduct.

(b)The employer has the burden of proving the affirmative defense in compliance with federal and state law.

(c)If an employer successfully establishes an affirmative defense under this section, the commissioner may not assess any penalty or fine against the employer for the violation.

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2. (a) An employer may establish an
affirmative defense for a violation of any standard, rule, or order that
is the result of employee misconduct.
(b) The employer has the burden of proving the affirmative defense
in compliance with federal and state law.
(c) If an employer successfully establishes an affirmative defense
under this section, the commissioner may not assess any penalty or fine
against the employer for the violation.