Sec. 23.1. (a) Except as provided under section 51 of this chapter, the commissioner and his designated representatives, on their own motion, or on receipt of a written and signed request for an inspection from an employee or his representative setting forth with reasonable particularity the grounds for inspection, may enter without delay and inspect at all reasonable times places of employment in order to enforce any provisions of this chapter, including occupational safety and health standards. Persons making inspections shall present appropriate credentials to the owner, operator, or agent in charge of the place of inspection.

     (b) Notwithstanding the provisions of subsection (a), the commissioner and the commissioner’s representatives do not have a right of entry for an inspection of the premises of an employer who:

(1) is engaged in a farming operation that employs ten (10) or fewer employees and does not maintain a labor camp; or

(2) qualifies for the small business exemption by:

(A) employing ten (10) or fewer employees; and

(B) being included within a category having an occupational injury lost work day case rate, at the most precise Standard Industrial Classification Code for which the data are published, less than the national average rate as the rates are most recently published by the Secretary of Labor, acting through the Bureau of Labor Statistics, in accordance with 29 U.S.C. § 673.

     (c) Notwithstanding the provisions of subsection (b), the premises of an employer qualified for exemption from inspection, other than an employer engaged in a farming operation described in subsection (b)(1), may be inspected to:

(1) provide technical assistance, educational and training services, and conduct surveys and studies;

(2) conduct an inspection or investigation in response to an employee complaint under section 24.1 of this chapter, issue a citation for violations found during the inspection, and assess a penalty for violations that are not corrected within a reasonable abatement period and for any willful violations found;

(3) take any action authorized by this chapter with regard to imminent dangers;

(4) take any action authorized by this chapter with respect to health hazards;

(5) take any action authorized by this chapter with respect to a report of an employment accident that:

(A) is fatal to one (1) or more employees; or

(B) results in hospitalization of one (1) or more employees;

and to take any action pursuant to any investigation authorized by this chapter; or

(6) take any action authorized by this chapter with respect to complaints of discrimination against employees for exercising any legal right under this chapter.

Formerly: Acts 1973, P.L.241, SEC.19. As amended by Acts 1977, P.L.263, SEC.2; P.L.221-1995, SEC.1; P.L.220-1995, SEC.1.