Indiana § 22-8-1.1-28.3 Affirmation, amendment, or dismissal of safety order or penalty;
petition for review

Indiana Statutes

§ 22-8-1.1-28.3 — Affirmation, amendment, or dismissal of safety order or penalty; petition for review

Indiana § 22-8-1.1-28.3

Art. 8OCCUPATIONAL HEALTH AND SAFETY

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

This text of Indiana § 22-8-1.1-28.3 (Affirmation, amendment, or dismissal of safety order or penalty; petition for review) 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 § 22-8-1.1-28.3 (2026).

Text

3.

(a)When a petition for review is filed, the commissioner shall have five (5) working days in which to affirm, amend, or dismiss the safety order and penalty, if any, or the notice of failure to correct violation. Notice of his action shall be served on the employer and upon any employee, or representative of employees, who has filed a petition for review. The notice shall be posted at or near the place of the alleged violation in such a manner that affected employees may become aware of it.

(b)If the commissioner affirms the safety order and penalty, if any, or the notice of failure to correct violation, the commissioner shall also grant or deny the petition for review under the provisions of IC 4-21.5-3-7. If the commissioner amends the safety order and penalty, if any, or the notice

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3. (a) When a petition for review is filed,
the commissioner shall have five (5) working days in which to affirm,
amend, or dismiss the safety order and penalty, if any, or the notice of
failure to correct violation. Notice of his action shall be served on the
employer and upon any employee, or representative of employees, who
has filed a petition for review. The notice shall be posted at or near the
place of the alleged violation in such a manner that affected employees
may become aware of it.
(b) If the commissioner affirms the safety order and penalty, if any,
or the notice of failure to correct violation, the commissioner shall also
grant or deny the petition for review under the provisions of IC 4-21.5-3-7. If the commissioner amends the safety order and penalty,
if any, or the notice of failure to correct violation, the petition for
review shall be considered moot. The commissioner shall give notice
of the amended order and penalty under IC 4-21.5-3-6.
(c) The employer and any employee or representatives of employees
may file a written petition for review under IC 4-21.5-3-7 to such
amended safety order and penalty, if any, or the notice of failure to
correct violation. The written petition for review must be filed with the
commissioner within fifteen (15) working days from the date of receipt
of such amended safety order and penalty, if any, or the notice of
failure to correct violation. The commissioner shall then grant or deny
the petition for review under IC 4-21.5-3-7.
Formerly: Acts 1973, P.L.241, SEC.29. As amended by
P.L.34-1988, SEC.7.