Sec. 27.2. (a) An employer may establish an affirmative defense for a violation of any standard, rule, or order that is the result of employee misconduct.

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Terms Used In Indiana Code 22-8-1.1-27.2

  • 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
  • Standard: refers to both health and safety standards. See Indiana Code 22-8-1.1-1
     (b) The employer has the burden of proving the affirmative defense in compliance with federal and state law.

     (c) If an employer successfully establishes an affirmative defense under this section, the commissioner may not assess any penalty or fine against the employer for the violation.

As added by P.L.224-1995, SEC.1.

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