Indiana Code 22-8-1.1-35.6. Enforcement of safety orders; penalty assessment; failure to comply
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Sec. 35.6. (a) A safety order, penalty assessment, or notice of failure to correct violation which has become final, either through lack of any contest under section 28.1 of this chapter, or after final action by the board, or after judicial review, shall be enforced by the commissioner under this section or section 35.7 of this chapter. The remedies provided in this chapter are cumulative and are in addition to any other remedy available to the commissioner. The commissioner’s decision to pursue one (1) of the remedies does not preclude the subsequent or corresponding use of one (1) or more of the other remedies available to the commissioner.
(b) If an employer fails to comply, the commissioner may refer the matter to the attorney general, who shall promptly institute proceedings under IC 4-21.5-6 to enforce the safety order, penalty assessment, or notice of failure to correct violation.
Formerly: Acts 1973, P.L.241, SEC.41. As amended by P.L.34-1988, SEC.14; P.L.33-2009, SEC.1.
Terms Used In Indiana Code 22-8-1.1-35.6
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Board: means the board of safety review 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
- 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
- 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