Indiana Code 22-8-1.1-25.1. Violations; safety order; service; limitation
(1) be in writing;
Terms Used In Indiana Code 22-8-1.1-25.1
- Commissioner: means the commissioner of labor or the commissioner's duly designated representative. See Indiana Code 22-8-1.1-1
- Employer: means any individual or type of organization, including the state and all its political subdivisions, that has in its employ one (1) or more individuals. See Indiana Code 22-8-1.1-1
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Safety order: refers to a notice issued to employers by the commissioner of labor for alleged violations of this chapter, including any health and safety standards. See Indiana Code 22-8-1.1-1
- Standard: refers to both health and safety standards. See Indiana Code 22-8-1.1-1
(3) fix a reasonable time for the abatement of the violation.
(b) Except as provided under section 51 of this chapter, either at the time the safety order is issued, or within five (5) working days thereafter, the commissioner shall notify the employer of the penalty, if any, being assessed.
(c) Notwithstanding IC 4-21.5-3-1, all safety orders and penalty assessments shall be served personally on or sent by registered or certified mail to the employer at the place where an alleged violation of this chapter or an alleged violation of a standard set by a rule adopted under this chapter exists, unless another address is provided to the commissioner or the commissioner’s representative by the employer during an inspection. The commissioner or the commissioner’s representative shall give notice of safety orders and penalty assessments under IC 4-21.5-3-6. No safety order may be issued after the expiration of six (6) months following the occurrence of any violation.
(d) The commissioner may prescribe procedures for the issuance of a notice of de minimis violations, in lieu of a safety order, which have no direct or immediate relationship to safety or health.
Formerly: Acts 1973, P.L.241, SEC.23. As amended by P.L.34-1988, SEC.3; P.L.117-1994, SEC.2; P.L.220-1995, SEC.2.