reglab/housing_qa huggingface dataset:
IN Code § 22-8-1.1-16.2 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-16.2. Enforcement of Standards; Alternate Standards; Statement of Enforceable Standards

Sec. 16.2. (a) A United States Occupational Safety and Health Administration (OSHA) standard lawfully adopted by OSHA under federal law may be enforced by the department without any further action by the commission.(b) The commissioner or the commissioner's designee shall enforce the federal standards described in subsection (a) not earlier than sixty (60) days after the final standard by federal OSHA becomes effective.(c) The commission may adopt an alternate standard which it finds is at least as effective in providing safe and healthful employment as the federal standard under the procedures set forth in IC 22-8-1.1-15, IC 22-8-1.1-15.1, and IC 22-8-1.1-16.1.(d) Notwithstanding IC 4-22-7-7(a), the commission shall publish a statement describing a standard enforceable under this section. The statement must make reference to the federal regulation. The statement must be published under IC 4-22-7-7(b).As added by P.L.117-1994, SEC.1.
IN Code § 22-8-1.1-17.5 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-17.5. Enforcement; Federal Standards; Conformity

Sec. 17.5. The commissioner may not adopt or enforce any provision used to carry out the enforcement of this chapter that is more stringent than the corresponding federal provision enforced by the United States Department of Labor under the Occupational Safety and Health Act of 1970.As added by P.L.230-1983, SEC.1.
IN Code § 22-8-1.1-17.7 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-17.7. Voluntary Protection Program Implementation

Sec. 17.7. The department shall implement a voluntary protection program not later than sixty (60) days after the program has been made available by the United States Occupational Safety and Health Administration.As added by P.L.225-1995, SEC.2.
IN Code § 22-8-1.1-19 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-19. Standards; Declaratory Judgment

Sec. 19. Standards: Declaratory Judgment. After promulgation of a safety standard by the commission, any question as to its applicability or legal validity may be adjudicated by an action for a declaratory judgment filed by an affected person or firm under IC 34-14-1 (or IC 34-4-10 before its repeal).Formerly: Acts 1971, P.L.356, SEC.1; Acts 1973, P.L.241, SEC.14. As amended by P.L.1-1998, SEC.127.
IN Code § 22-8-1.1-19.1 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-19.1. Temporary Variances

Sec. 19.1. Temporary Variances. Any employer may apply to the commission for a temporary order granting a variance from a standard or any provision thereof promulgated under this chapter. Such temporary order shall be granted only if the employer establishes that he is unable to comply with a standard by its effective date because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance with the standard or because necessary construction or alteration of facilities cannot be completed by the effective date; that he is taking all available steps to safeguard his employees against the hazards covered by the standard; and that he has an effective program for coming into compliance with a standard as quickly as practicable. Any temporary order issued under this section shall prescribe the practices, means, methods, operations and processes which the employer must adopt and use while the order is in effect and state in detail his program for coming into compliance with the standard. Such a temporary order may be granted only after notice to employees and an opportunity for a hearing. Said notice shall be given to the authorized representative of the employees and be posted at or near the location for which the variance is sought. No order for a temporary variance may be in effect for longer than the period needed by the employer to achieve compliance with the standard or one (1) year, whichever is shorter, except that such an order may be renewed not more than twice, so long as the requirements of this paragraph are met and if an application for renewal is filed at least ninety (90) days prior to the expiration date of the order.Formerly: Acts 1973, P.L.241, SEC.15.
IN Code § 22-8-1.1-20.1 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-20.1. Permanent Variances; Application; Notice; Rule or Order; Modification or Revocation

Sec. 20.1. Any affected employer may apply to the commission for a permanent variance from a standard promulgated under this chapter. Affected employees shall be given notice of each such application by posting it at or near the location for which the variance is sought, and an opportunity to participate in a hearing. The commission shall issue such rule or order if it determines, after a hearing, including an inspection, if appropriate, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations, or processes used or proposed to be used by the employer will provide employment and places of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard. The rule or order so issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations, and processes which he must adopt and utilize to the extent they differ from the standard in question. Such a rule or order may be modified or revoked upon application by an employer, employees, the commissioner of labor, or the commission on its own motion, in the manner prescribed for its issuance under this section at any time after six (6) months from its issuance, provided that the moving party gives thirty (30) days notice to the other parties, and a hearing is held at the request of any of the parties.Formerly: Acts 1973, P.L.241, SEC.16.
IN Code § 22-8-1.1-21.1 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-21.1. Administrative Services

Sec. 21.1. The commissioner and the department shall provide such administrative services, including docketing, stenographic, and recordkeeping services, as the commission may require in discharging its function under this chapter.Formerly: Acts 1973, P.L.241, SEC.17. As amended by P.L.37-1985, SEC.36.
IN Code § 22-8-1.1-22.1 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-22.1. Commissioner to Administer; Other Agencies

Sec. 22.1. Commissioner to Administer - Other Agencies. The commissioner and such representatives as he may designate shall administer and enforce the provisions of this chapter and the safety standards adopted by the commission. The commissioner may utilize other agencies of the state government and its political subdivisions in carrying out his functions under this chapter.Formerly: Acts 1973, P.L.241, SEC.18.
IN Code § 22-8-1.1-23.1 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-23.1. Right of Entry; Exempt Employers; Exceptions

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.
IN Code § 22-8-1.1-24.1 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-24.1. Employee Requests for Inspection

Sec. 24.1. (a) In the case of a written request for an inspection by an employee or a representative of an employee who believes that a violation of a safety or health standard exists that threatens physical harm or that an imminent danger exists, a copy shall be provided the employer at the time of inspection, except that, upon request of the complainant or by a decision by the commissioner:(1) the name of the complainant and any identifying information; and(2) the name and identifying information of individual employees referred to therein;shall not appear in such copy or on any record published, released, or made available by the commissioner. The commissioner shall make the inspection, or shall reply in writing within twenty (20) days giving the reasons why the commissioner is not making the requested inspection. In the event a requested inspection is made, and no safety order issued, the commissioner shall reply in writing within twenty (20) days giving the reason for the decision.(b) The employee or a representative of the employee, after receipt of the commissioner's reply under subsection (a), or upon the failure of the commissioner to reply, may request informal review of the request for an inspection made under subsection (a), or after inspection, upon the refusal to issue a safety order, by filing a written request for such informal review with the commissioner. Within twenty (20) days of receipt of the request, informal review shall commence with a final decision to be rendered within ten (10) days thereafter.Formerly: Acts 1973, P.L.241, SEC.20. As amended by P.L.76-2012, SEC.1.
IN Code § 22-8-1.1-24.2 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-24.2. Advance Notice

Sec. 24.2. Without the approval of the commissioner or his duly authorized representative, no person may give advance notice of any inspection. A person who recklessly gives advance notice without such authority commits a Class B misdemeanor.Formerly: Acts 1973, P.L.241, SEC.21. As amended by Acts 1978, P.L.2, SEC.2232.
IN Code § 22-8-1.1-24.3 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-24.3. Inspection by Representatives

Sec. 24.3. Subject to regulations issued by the commissioner, a representative of the employer and a representative of the employees shall be given the opportunity to accompany the inspector during the physical inspection of the place of employment. Where there is no authorized employee representative, the inspector shall consult with a reasonable number of employees concerning matters of health and safety in the place of employment. The name and any identifying information of those employees interviewed are confidential for purposes of IC 5-14-3-4(a)(1).Formerly: Acts 1973, P.L.241, SEC.22. As amended by Acts 1977, P.L.263, SEC.3; P.L.76-2012, SEC.2.
IN Code § 22-8-1.1-24.5 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-24.5. Written Statement to Employer Following Inspection; Contents

Sec. 24.5. (a) At the closing conference after the completion of an inspection, the inspector shall provide the employer or a representative of the employer with a written statement that clearly and concisely provides the following information:(1) The results of the inspection, including each hazard noted, if any.(2) The right of the employer to petition for review of a safety order, a penalty assessment, an amended safety order, and an amended penalty assessment.(3) An explanation of the procedure to follow in order to petition for review of a safety order, a penalty assessment, an amended safety order, and an amended penalty assessment, including when and where to file the petition and the required contents of the petition.(4) The commissioner's responsibility to affirm, amend, or dismiss the safety order and penalty assessment, if any, and to grant or deny the petition for review.(5) The informal review process.(6) The procedures before the board of safety review.(7) The right of the employer to seek judicial review.(b) The written statement required under this section must be presented to the employer or the employer's representative at the closing conference after the completion of the inspection.As added by P.L.222-1995, SEC.1.
IN Code § 22-8-1.1-24.7 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-24.7. Contents of Safety Audit Inadmissible

Sec. 24.7. (a) For purposes of this section, "safety audit" means a written consultation report related to health and safety standards that is:(1) prepared for an employer by:(A) a third party; or(B) an employee whose principal responsibilities include an employer's compliance with occupational safety and health standards; and(2) not otherwise required by state or federal law.(b) For purposes of this section, "third party" does not include:(1) an employer's employee, other than an employee whose principal responsibilities include an employer's compliance with occupational safety and health standards;(2) a representative of an employer's employees; or(3) any government agency.(c) The contents of a safety audit are not admissible for purposes of this chapter if an employer has made a good faith and substantial effort to correct every hazard noted in the safety audit that is subject to enforcement under the federal Occupational Safety and Health Act of 1970, 29 U.S.C. 651 et seq.(d) This section does not apply to a criminal violation of this chapter.As added by P.L.223-1995, SEC.1.
IN Code § 22-8-1.1-25.1 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-25.1. Violations; Safety Order; Service; Limitation

Sec. 25.1. (a) If, as a result of the inspection, the commissioner or his designated representative determines there is a violation of this chapter, or any standard promulgated under it, the commissioner shall issue a safety order. Such safety order shall:(1) be in writing;(2) describe with particularity the nature of the violation with reference to the provision of this chapter, or the standard alleged to have been violated; and(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.
IN Code § 22-8-1.1-25.2 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-25.2. Posting of Safety Order

Sec. 25.2. As prescribed by rules issued by the commissioner, the safety order shall be posted by the employer at or near the place of the alleged violation in such a manner that affected employees may become aware of it.Formerly: Acts 1973, P.L.241, SEC.24. As amended by P.L.34-1988, SEC.4.
IN Code § 22-8-1.1-26.1 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-26.1. Failure to Abate

Sec. 26.1. Failure to Abate. If the commissioner determines after reinspection the employer has failed to correct a violation for which a safety order has been issued within the period permitted for its correction, the commissioner shall issue a notice of failure to correct violation and accompanying penalty for such failure.Formerly: Acts 1973, P.L.241, SEC.25. As amended by Acts 1977, P.L.263, SEC.4.
IN Code § 22-8-1.1-27.1 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-27.1. Civil Penalties

Sec. 27.1. (a) The commissioner may assess the following civil penalties:(1) Any employer who has received a safety order for violation of any standard, rule, or order not of a serious nature may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each such violation.(2) Any employer who has received a safety order for a serious violation of any standard, rule, or order or this chapter may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each such violation.(3) Any employer who fails to correct a violation for which a safety order has been issued within the period permitted may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each day during which the failure or violation continues.(4) Any employer who fails to comply with the posting requirements in this chapter may be assessed a civil penalty of up to seven thousand dollars ($7,000) for each violation.(5) Any employer who repeatedly violates any standard, rule, or order or this chapter may be assessed a civil penalty of up to seventy thousand dollars ($70,000) for each violation.(6) Any employer who knowingly violates any standard, rule, or order or this chapter, where any such violation cannot reasonably be determined to have contributed to an employee fatality, shall be assessed a civil penalty of not less than five thousand dollars ($5,000) for each violation and may be assessed a civil penalty of up to seventy thousand dollars ($70,000) for each violation.(7) An employer who knowingly violates any standard, rule, or order or this chapter, where any such violation can reasonably be determined to have contributed to an employee fatality, shall be assessed a civil penalty of not less than nine thousand four hundred seventy-two dollars ($9,472) for each violation and may be assessed a civil penalty of up to one hundred thirty-two thousand five hundred ninety-eight dollars ($132,598) for each violation.(b) For purposes of this section, a serious violation exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists or from one (1) or more practices, means, methods, operations, or processes which have been adopted or are in use in the place of employment, unless the employer did not know and could not, with the exercise of reasonable diligence, have known of the presence of the violation.Formerly: Acts 1973, P.L.241, SEC.26. As amended by Acts 1978, P.L.2, SEC.2233; P.L.170-1991, SEC.25; P.L.84-2019, SEC.1.
IN Code § 22-8-1.1-27.2 (2021)
2021 Indiana Code|Title 22. Labor and Safety|Article 8. Occupational Health and Safety|Chapter 1.1. Indiana Occupational Safety and Health Act (Iosha)|22-8-1.1-27.2. Affirmative Defenses

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.(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.