Indiana § 22-8-1.1-52 Commissioner and employees not subject to subpoena except in certain
circumstances

Indiana Statutes

§ 22-8-1.1-52 — Commissioner and employees not subject to subpoena except in certain circumstances

Indiana § 22-8-1.1-52

Art. 8OCCUPATIONAL HEALTH AND SAFETY

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

This text of Indiana § 22-8-1.1-52 (Commissioner and employees not subject to subpoena except in certain circumstances) 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 § 22-8-1.1-52 (2026).

Text

This section does not apply to a subpoena requesting only documents or other records. Neither the commissioner nor any employee or former employee of the department is subject to subpoena for purposes of inquiry into any occupational safety and health inspection, except in the following circumstances:

(1)An enforcement proceeding is brought under this chapter.

(2)An action is filed in which the department is a party.

(3)The commissioner consents in writing to waive the exemption provided by this section.

(4)A court finds that:

(A)the information sought is essential to the underlying case;

(B)there are no reasonable alternative means for acquiring the information; and

(C)a significant injustice would occur if the requested testimony was not available.

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This section does not apply to a subpoena
requesting only documents or other records. Neither the commissioner
nor any employee or former employee of the department is subject to
subpoena for purposes of inquiry into any occupational safety and
health inspection, except in the following circumstances:
(1) An enforcement proceeding is brought under this chapter.
(2) An action is filed in which the department is a party.
(3) The commissioner consents in writing to waive the exemption
provided by this section.
(4) A court finds that:
(A) the information sought is essential to the underlying case;
(B) there are no reasonable alternative means for acquiring the
information; and
(C) a significant injustice would occur if the requested
testimony was not available.