Indiana Code 22-8-1.1-51. Restriction on assessment of penalty
(1) An employee requests an inspection under section 24.1 of this chapter.
Terms Used In Indiana Code 22-8-1.1-51
- Commissioner: means the commissioner of labor or the commissioner's duly designated representative. See Indiana Code 22-8-1.1-1
- Employee: means a person permitted to work by an employer in employment. 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
- INSafe: means the division of the department created by section 40 of this chapter. See Indiana Code 22-8-1.1-1
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Standard: refers to both health and safety standards. See Indiana Code 22-8-1.1-1
(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.