Indiana § 22-8-1.1-51 Restriction on assessment of penalty

Indiana Statutes

§ 22-8-1.1-51 — Restriction on assessment of penalty

Indiana § 22-8-1.1-51

Art. 8OCCUPATIONAL HEALTH AND SAFETY

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

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Bluebook

Ind. Code § 22-8-1.1-51 (2026).

Text

(a)This section does not affect the ability or duty of the commissioner or the commissioner's designee to conduct investigations in the following circumstances:

(1)An employee requests an inspection under section 24.1 of this chapter.

(2)The commissioner receives a report of a death under section 43.1 of this chapter.

(3)The commissioner receives a report of a disaster under section 43.1 of this chapter.

(b)If:

(1)INSafe conducts an onsite consultation for an employer; and

(2)the employer complied in good faith with an act of the abatement of the particular alleged violation recommended by INSafe; the commissioner may not assess a penalty against the employer under section 25.1 of this chapter for an alleged violation of a condition or practice that INSafe specifically examined.

(c)

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(a) This section does not affect the ability
or duty of the commissioner or the commissioner's designee to conduct
investigations in the following circumstances:
(1) An employee requests an inspection under section 24.1 of this
chapter.
(2) The commissioner receives a report of a death under section
43.1 of this chapter.
(3) The commissioner receives a report of a disaster under section
43.1 of this chapter.
(b) If:
(1) INSafe conducts an onsite consultation for an employer; and
(2) the employer complied in good faith with an act of the
abatement of the particular alleged violation recommended by
INSafe;
the commissioner may not assess a penalty against the employer under
section 25.1 of this chapter for an alleged violation of a condition or
practice that INSafe specifically examined.
(c) Subsection (b) applies only on a first inspection by the
commissioner following an onsite consultation with INSafe. This
section does not relieve an employer of any obligation to stay in
compliance with any safety or health standard or law which changes
following an onsite consultation with INSafe.