Indiana § 22-8-1.1-39.1 Imminent danger in workplace; petition for relief; orders; informing
employer and employees of danger; mandamus

Indiana Statutes

§ 22-8-1.1-39.1 — Imminent danger in workplace; petition for relief; orders; informing employer and employees of danger; mandamus

Indiana § 22-8-1.1-39.1

Art. 8OCCUPATIONAL HEALTH AND SAFETY

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

This text of Indiana § 22-8-1.1-39.1 (Imminent danger in workplace; petition for relief; orders; informing employer and employees of danger; mandamus) 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 § 22-8-1.1-39.1 (2026).

Text

1.

(a)Whenever the commissioner is of the opinion that imminent danger exists in any workplace in this state, which condition can reasonably be expected to cause death or serious physical harm, the commissioner, through the attorney general, may petition the circuit court, superior court, or probate court of the county in which such workplace is located for appropriate relief. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such imminent danger and prohibit the employment or presence of any individual in locations or under conditions where such imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove such imminent danger or to maintain the capacity of a continuous process ope

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1. (a) Whenever the commissioner is of the
opinion that imminent danger exists in any workplace in this state,
which condition can reasonably be expected to cause death or serious
physical harm, the commissioner, through the attorney general, may
petition the circuit court, superior court, or probate court of the county
in which such workplace is located for appropriate relief. Any order
issued under this section may require such steps to be taken as may be
necessary to avoid, correct, or remove such imminent danger and
prohibit the employment or presence of any individual in locations or
under conditions where such imminent danger exists, except
individuals whose presence is necessary to avoid, correct, or remove
such imminent danger or to maintain the capacity of a continuous
process operation to resume normal operations without a complete
cessation of operations, or where a cessation of operations is necessary,
to permit such to be accomplished in a safe and orderly manner.
(b) Whenever and as soon as an inspector concludes that conditions
or practices described in subsection (a) exist in any place of
employment, the inspector shall inform the affected employers and
employees of the danger and that the inspector is recommending to the
commissioner that relief be sought.
(c) If the commissioner arbitrarily or capriciously fails to seek relief
under this section, any employee who may be injured by reason of such
failure, or the representative of such employees, may bring an action
against the commissioner, in the circuit court, superior court, or probate
court of the county in which the imminent danger is alleged to exist or
the employer has its principal office, for a writ of mandamus to compel
the commissioner to seek such an order and for such further relief as
may be appropriate.
Formerly: Acts 1973, P.L.241, SEC.45. As amended by
P.L.84-2016, SEC.98.