Sec. 51. (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.
As added by P.L.220-1995, SEC.3. Amended by P.L.1-2009, SEC.128.
Structure Indiana Code
Article 8. Occupational Health and Safety
Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)
22-8-1.1-3.1. Compliance With Standards by Employer; Informing Employees
22-8-1.1-5. Safety Processes; Interference With Use; Obedience to Orders
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
22-8-1.1-10. 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
22-8-1.1-15. Standards; Incorporation by Reference
22-8-1.1-15.1. Other Standards
22-8-1.1-16.1. Emergency Temporary Standards
22-8-1.1-16.2. Enforcement of Standards; Alternate Standards; Statement of Enforceable Standards
22-8-1.1-17.1. Criteria for Standards
22-8-1.1-17.5. Enforcement; Federal Standards; Conformity
22-8-1.1-17.7. Voluntary Protection Program Implementation
22-8-1.1-19. Standards; Declaratory Judgment
22-8-1.1-19.1. Temporary Variances
22-8-1.1-20.1. Permanent Variances; Application; Notice; Rule or Order; Modification or Revocation
22-8-1.1-21.1. Administrative Services
22-8-1.1-22.1. Commissioner to Administer; Other Agencies
22-8-1.1-23.1. Right of Entry; Exempt Employers; Exceptions
22-8-1.1-24.1. Employee Requests for Inspection
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
22-8-1.1-25.1. Violations; Safety Order; Service; Limitation
22-8-1.1-25.2. Posting of Safety Order
22-8-1.1-26.1. Failure to Abate
22-8-1.1-27.1. Civil Penalties
22-8-1.1-27.2. Affirmative Defenses
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
22-8-1.1-30.1. Board of Safety Review
22-8-1.1-31. Board; Membership
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
22-8-1.1-37.1. False Statements, Representations, or Certifications
22-8-1.1-40. Insafe; Program of Occupational Health and Safety Education and Training
22-8-1.1-43. Insafe; Employer Annual Report
22-8-1.1-43.1. Employer Records and Reports; Death and Disaster Reporting
22-8-1.1-45. 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
22-8-1.1-51. Restriction on Assessment of Penalty
22-8-1.1-52. Commissioner and Employees Not Subject to Subpoena Except in Certain Circumstances