Indiana Code
Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)
22-8-1.1-27.1. Civil Penalties

Sec. 27.1. (a) The commissioner may assess the following civil penalties:
(1) Any employer who has received a safety order for violation of any standard, rule, or order not of a serious nature may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each such violation.
(2) Any employer who has received a safety order for a serious violation of any standard, rule, or order or this chapter may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each such violation.
(3) Any employer who fails to correct a violation for which a safety order has been issued within the period permitted may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each day during which the failure or violation continues.
(4) Any employer who fails to comply with the posting requirements in this chapter may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each violation.
(5) Any employer who repeatedly violates any standard, rule, or order or this chapter may be assessed a civil penalty of up to seventy thousand dollars ($70,000) for each violation.
(6) Any employer who knowingly violates any standard, rule, or order or this chapter, where any such violation cannot reasonably be determined to have contributed to an employee fatality, shall be assessed a civil penalty of not less than five thousand dollars ($5,000) for each violation and may be assessed a civil penalty of up to seventy thousand dollars ($70,000) for each violation.
(7) An employer who knowingly violates any standard, rule, or order or this chapter, where any such violation can reasonably be determined to have contributed to an employee fatality, shall be assessed a civil penalty of not less than nine thousand four hundred seventy-two dollars ($9,472) for each violation and may be assessed a civil penalty of up to one hundred thirty-two thousand five hundred ninety-eight dollars ($132,598) for each violation.
(b) For purposes of this section, a serious violation exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists or from one (1) or more practices, means, methods, operations, or processes which have been adopted or are in use in the place of employment, unless the employer did not know and could not, with the exercise of reasonable diligence, have known of the presence of the violation.
Formerly: Acts 1973, P.L.241, SEC.26. As amended by Acts 1978, P.L.2, SEC.2233; P.L.170-1991, SEC.25; P.L.84-2019, SEC.1.

Structure Indiana Code

Indiana Code

Title 22. Labor and Safety

Article 8. Occupational Health and Safety

Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)

22-8-1.1-1. Definitions

22-8-1.1-2. Employers; Duties

22-8-1.1-3. Repealed

22-8-1.1-3.1. Compliance With Standards by Employer; Informing Employees

22-8-1.1-4. Safety Devices or Safeguards; Removing or Damaging; Interference; Compliance by Employees With Standards

22-8-1.1-5. Safety Processes; Interference With Use; Obedience to Orders

22-8-1.1-6. Repealed

22-8-1.1-6.5. Religious Objections to Treatment

22-8-1.1-7. Occupational Safety Standards Commission

22-8-1.1-8. Commission; Membership

22-8-1.1-9. Commission; Terms

22-8-1.1-10. Commission; Organization

22-8-1.1-11. Commission; Quorum

22-8-1.1-12. Commission; per Diem; Travel Expenses

22-8-1.1-13. Commission; Meetings

22-8-1.1-13.1. Repealed

22-8-1.1-14. Repealed

22-8-1.1-15. Standards; Incorporation by Reference

22-8-1.1-15.1. Other Standards

22-8-1.1-16. Repealed

22-8-1.1-16.1. Emergency Temporary Standards

22-8-1.1-16.2. Enforcement of Standards; Alternate Standards; Statement of Enforceable Standards

22-8-1.1-17. Repealed

22-8-1.1-17.1. Criteria for Standards

22-8-1.1-17.5. Enforcement; Federal Standards; Conformity

22-8-1.1-17.7. Voluntary Protection Program Implementation

22-8-1.1-18. Repealed

22-8-1.1-19. Standards; Declaratory Judgment

22-8-1.1-19.1. Temporary Variances

22-8-1.1-20. Repealed

22-8-1.1-20.1. Permanent Variances; Application; Notice; Rule or Order; Modification or Revocation

22-8-1.1-21. Repealed

22-8-1.1-21.1. Administrative Services

22-8-1.1-22. Repealed

22-8-1.1-22.1. Commissioner to Administer; Other Agencies

22-8-1.1-23. Repealed

22-8-1.1-23.1. Right of Entry; Exempt Employers; Exceptions

22-8-1.1-24. Repealed

22-8-1.1-24.1. Employee Requests for Inspection

22-8-1.1-24.2. Advance Notice

22-8-1.1-24.3. Inspection by Representatives

22-8-1.1-24.5. Written Statement to Employer Following Inspection; Contents

22-8-1.1-24.7. Contents of Safety Audit Inadmissible

22-8-1.1-25. Repealed

22-8-1.1-25.1. Violations; Safety Order; Service; Limitation

22-8-1.1-25.2. Posting of Safety Order

22-8-1.1-26. Repealed

22-8-1.1-26.1. Failure to Abate

22-8-1.1-27. Repealed

22-8-1.1-27.1. Civil Penalties

22-8-1.1-27.2. Affirmative Defenses

22-8-1.1-28. Repealed

22-8-1.1-28.1. Contest of Safety Orders; Petition for Review

22-8-1.1-28.2. Employee or Representative Petition for Review

22-8-1.1-28.3. Affirmation, Amendment, or Dismissal of Safety Order or Penalty; Petition for Review

22-8-1.1-28.4. Informal Review

22-8-1.1-28.5. Referral of Disputes

22-8-1.1-29. Repealed

22-8-1.1-30. Repealed

22-8-1.1-30.1. Board of Safety Review

22-8-1.1-31. Board; Membership

22-8-1.1-32. Repealed

22-8-1.1-32.1. Board; Terms

22-8-1.1-33. Repealed

22-8-1.1-34. Board; Quorum

22-8-1.1-35. Board; per Diem and Expenses

22-8-1.1-35.1. Inspection of Premises; Selection and Compensation of Administrative Law Judge

22-8-1.1-35.2. Administrative Services

22-8-1.1-35.3. Hearing; Notice; Intervention

22-8-1.1-35.4. Hearing Procedure

22-8-1.1-35.5. Judicial Review

22-8-1.1-35.6. Enforcement of Safety Orders; Penalty Assessment; Failure to Comply

22-8-1.1-35.7. Collection of Penalty Assessments; Judgment Liens

22-8-1.1-36. Repealed

22-8-1.1-36.1. Repealed

22-8-1.1-37. Repealed

22-8-1.1-37.1. False Statements, Representations, or Certifications

22-8-1.1-38. Repealed

22-8-1.1-38.1. Discrimination Against Employee Filing Complaint or Testifying; Complaint; Remedy; Notice of Determination

22-8-1.1-39. Repealed

22-8-1.1-39.1. Imminent Danger in Workplace; Petition for Relief; Orders; Informing Employer and Employees of Danger; Mandamus

22-8-1.1-40. Insafe; Program of Occupational Health and Safety Education and Training

22-8-1.1-41. Insafe; Duties

22-8-1.1-42. Insafe; Staff

22-8-1.1-43. Insafe; Employer Annual Report

22-8-1.1-43.1. Employer Records and Reports; Death and Disaster Reporting

22-8-1.1-44. Repealed

22-8-1.1-44.1. Repealed

22-8-1.1-45. Safety and Health Consultation Service for Employers; Tax Levy

22-8-1.1-46. Tax; Worker's Compensation Insurance Carriers and Self-Insured Employers

22-8-1.1-47. Tax; Amount; Loss for Purpose of Worker's Compensation Insurance Rates

22-8-1.1-48. Use of Tax Revenues; Appropriations; Payment Date

22-8-1.1-48.1. Rules Governing Functions of Chapter

22-8-1.1-48.2. Disposition of Penalties

22-8-1.1-48.3. Construction of Chapter With Other Laws

22-8-1.1-48.4. Confidentiality of Trade Secrets; Violations

22-8-1.1-49. Violations

22-8-1.1-50. Title of Chapter

22-8-1.1-51. Restriction on Assessment of Penalty

22-8-1.1-52. Commissioner and Employees Not Subject to Subpoena Except in Certain Circumstances