Sec. 16.2. (a) A United States Occupational Safety and Health Administration (OSHA) standard lawfully adopted by OSHA under federal law may be enforced by the department without any further action by the commission.

     (b) The commissioner or the commissioner’s designee shall enforce the federal standards described in subsection (a) not earlier than sixty (60) days after the final standard by federal OSHA becomes effective.

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Terms Used In Indiana Code 22-8-1.1-16.2

  • Commission: means the occupational safety standards commission created by this chapter. See Indiana Code 22-8-1.1-1
  • Commissioner: means the commissioner of labor or the commissioner's duly designated representative. See Indiana Code 22-8-1.1-1
  • Department: means the department of labor. See Indiana Code 22-8-1.1-1
  • Standard: refers to both health and safety standards. See Indiana Code 22-8-1.1-1
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
     (c) The commission may adopt an alternate standard which it finds is at least as effective in providing safe and healthful employment as the federal standard under the procedures set forth in IC 22-8-1.1-15, IC 22-8-1.1-15.1, and IC 22-8-1.1-16.1.

     (d) Notwithstanding IC 4-22-7-7(a), the commission shall publish a statement describing a standard enforceable under this section. The statement must make reference to the federal regulation. The statement must be published under IC 4-22-7-7(b).

As added by P.L.117-1994, SEC.1.