reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-11 - Consultation visit after IOSHA inspection; restrictions

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 11.
Employers may request on-site consultation to assist in the
				  abatement of hazards cited during an IOSHA enforcement inspection. However, an
				  on-site consultation visit may not take place after an IOSHA inspection
				  until:
(1) the employer has been
				notified that no safety order will be issued; or
(2) if a safety order is issued, those items
				for which consultation is requested have become final orders.
A request by an employer for an on-site consultation shall
				  not require the deletion or modification of fines or penalties assessed as the
				  result of an IOSHA inspection.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-12 - Written report

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 12.
(a) A
				written report shall be prepared after a consultation and provided to the
				employer. The report shall:
(1) restate the
				employer's request and describe the working conditions examined by the
				consultant;
(2) identify specific
				safety issues with particularity, including reference to applicable standards
				or codes;
(3) identify the
				seriousness of each safety issue, including suggested means or approaches for
				abatement;
(4) identify additional
				sources of assistance should be indicated, if known, including the possible
				need to procure specific engineering consultation, medical advice and
				assistance, and appropriate safety training; and
(5) include references to the completion
				dates for abatement described in section 7 of this rule.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 8 - SAFETY EDUCATION AND TRAINING › Rule 3 - On-Site Consultation Services › Section 3-13 - Procedure for on-site consultation visit

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-41
Sec. 13.
(a) The
				on-site consultation visit will consist of the following:
(1) An opening conference.
(2) An inspection and viewing of any relevant
				areas of the employer's business that are reasonably related to the subject
				matter of the consultation.
(3)
				Review and discussion of documents and issues reasonably related to the subject
				matter of the consultation.
(4)
				Interviews with relevant employees and management of the employer.
(5) A closing conference followed by a
				subsequent written report.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC
				  22-8-1.1-48.1
Affected: IC 22-8-1.1
Sec. 1.
The definitions in this rule apply throughout this article.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 1 - Definitions › Section 1-2 - "Act" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC
				  22-8-1.1-48.1
Affected: IC 22-8-1.1
Sec. 2.
"Act" means the Indiana Occupational Safety and Health Act,
				  IC 22-8-1.1.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 1 - Definitions › Section 1-3 - "Commissioner" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC
				  22-8-1.1-48.1
Affected: IC 22-8-1.1
Sec. 3.
"Commissioner" means the commissioner of the
				  department.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 1 - Definitions › Section 1-4 - "Department" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC
				  22-8-1.1-48.1
Affected: IC 22-8-1.1
Sec. 4.
"Department" means the Indiana department of
				  labor.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 1 - Definitions › Section 1-5 - "Employee" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC
				  22-8-1.1-48.1
Affected: IC 22-8-1.1
Sec. 5.
"Employee" means a person permitted to work by an employer in
				  employment.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 1 - Definitions › Section 1-6 - "Employer" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC
				  22-8-1.1-48.1
Affected: IC 22-8-1.1
Sec. 6.
"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.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 1 - Definitions › Section 1-7 - "Establishment" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC
				  22-8-1.1-48.1
Affected: IC 22-8-1.1
Sec. 7.
"Establishment" means a single physical location where
				  employees engage in work or conduct business, where business of any kind is
				  conducted, or where services or industrial operations are performed. The term
				  includes, but is not limited to, the following locations:
(1) A factory.
(2) A mill.
(3) A store.
(4) A hotel.
(5) An office or administrative
				building.
(6) A
				restaurant.
(7) A bank.
(8) A sales office.
(9) A warehouse.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 1 - Definitions › Section 1-8 - "IOSHA" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC
				  22-8-1.1-48.1
Affected: IC 22-8-1.1
Sec. 8.
"IOSHA" means the Indiana occupational safety and health
				  division of the department.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 2 - Inspections, Safety Orders, and Penalties › Section 2-1 - Purpose and application of article

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC 22-8-1.1
Sec. 1.
(a) The Act
				requires the following:
(1) Every employer
				covered under the Act furnish to its employees a place of employment that is
				free from recognized hazards that are causing or are likely to cause death or
				serious physical harm.
(2) Every
				employer comply with occupational safety and health standards promulgated under
				the Act.
(3) Every employee comply
				with standards, rules, regulations, and orders issued under the Act that are
				applicable to their own actions and conduct.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 2 - Inspections, Safety Orders, and Penalties › Section 2-2 - Application of article to public and private employers

Current through July 10, 2024
Authority: IC 22-1-1-2; IC 22-8-1.1-48.1
Affected: IC 22-8-1.1; IC 36-8-12
Sec. 2.
(a) The Act,
				this article, and all promulgated standards, rules, and regulations contained
				or referred to in this article are applicable to public sector as well as
				private sector employers and employees.
(b) When reporting and recording occupational
				injuries and illnesses as required by 610 IAC 9-3, public employers are not
				required to use Standard Industrial Classification codes.
(c) For the purpose of the Act, volunteer
				fire companies that exist under IC 36-8-12 are considered public sector
				employers.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 2 - Inspections, Safety Orders, and Penalties › Section 2-3 - Posting of notices by employers; "establishment" defined; availability to employees of law, regulations, and standards

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-3.1;
				  IC
				  22-8-1.1-27.1
Sec. 3.
(a) Each
				employer shall post and keep posted at its establishment a notice or notices
				(hereinafter "the Poster") to be furnished by the department:
(1) informing employees of the protections
				and obligations provided for in the Act; and
(2) referring employees to appropriate
				sources for assistance and information. Such notice or notices shall be posted
				by the employer in each establishment in a conspicuous place or places where
				notices to employees are customarily posted. Each employer shall take steps to
				ensure that such notices are not altered, defaced, or covered by other
				material.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 2 - Inspections, Safety Orders, and Penalties › Section 2-4 - Authority of compliance safety and health inspectors; security clearance

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-23.1
Sec. 4.
(a) IOSHA
				compliance safety and health inspectors are authorized to enter without delay
				and at reasonable times any:
(1)
				establishment;
(2) construction
				site;
(3) workplace; or
(4) environment; where work is performed by
				an employee or an employer to inspect and investigate safety and health
				compliance during regular working hours and at other reasonable times.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 2 - Inspections, Safety Orders, and Penalties › Section 2-5 - Refusal to permit inspection; compulsory process

Current through July 10, 2024
Authority: IC
				  22-8-1.1-7;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-15;
				  IC
				  22-8-1.1-23.1
Sec. 5.
(a) Upon a
				refusal to permit an IOSHA compliance safety and health inspector, in exercise
				of his or her official duties, to enter and conduct the inspection described in
				this article, or perform any of the duties or activities described in this
				article or the Act, the IOSHA compliance safety and health inspector shall:
(1) terminate the inspection;
(2) ascertain the reasons for such refusal;
				and
(3) immediately report the
				refusal and the reasons to the commissioner or the commissioner's
				designee.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 2 - Inspections, Safety Orders, and Penalties › Section 2-6 - Permission to enter may not be conditioned on waiver of cause of action

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC 22-8-1.1
Sec. 6.
Permission to enter and to conduct the inspection described
				  in this article, or to perform other duties or activities described in this
				  article or in the Act, shall not imply or be conditioned upon a waiver of any
				  cause of action, safety order, or penalty under the Act. Compliance safety and
				  health inspectors are not authorized to grant any such waiver.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 2 - Inspections, Safety Orders, and Penalties › Section 2-7 - Advance notice of inspections prohibited; exceptions; penalty

Current through July 10, 2024
Authority: IC
				  22-1-1-2;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-24.2; IC
				  22-8-1.1-27.1
Sec. 7.
(a) Advance
				notice of an IOSHA inspection may not be given to any:
(1) employer or employee who is the target of
				the inspection;
(2) agent, officer,
				manager, or representative thereof; or
(3) person to whom it would be reasonable to
				expect that by informing said person the target employer might reasonably be
				expected to receive advance notice of the inspection.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 2 - Inspections, Safety Orders, and Penalties › Section 2-8 - Incorporation by reference

Current through July 10, 2024
Authority: IC 22-1-1-8; IC 22-8-1.1-48.1
Affected: IC 1-1-9; IC 22-8-1.1-1
Sec. 8.
(a) The
				commissioner hereby incorporates by reference Sections 1903.7 through 1903.22
				of 29 CFR 1903 * (inspections, citations, and proposed penalties) as in effect
				on January 1, 2006, except as otherwise set out in this rule.
(b) When interpreting this rule, including
				all matters incorporated by reference, the following shall apply:
(1) "Occupational Safety and Health Act of
				1970", "Occupational Safety and Health Act", "The Act", or "OSH Act" shall
				refer to the Indiana Occupational Safety and Health Act (IC
				22-8-1.1).
(2) "Occupational Safety
				and Health Administration", "the Agency", or "OSHA" shall refer to the Indiana
				occupational safety and health division of the department, also known as
				IOSHA.
(3) "Area office" shall
				refer to the office of the Indiana occupational safety and health division of
				the department.
(4) "Assistant
				Secretary of Labor for Occupational Safety and Health", "Secretary", "Assistant
				Secretary", "Area Director", or "Assistant Regional Director" shall refer to
				the commissioner or the commissioner's designee.
(5) "United States Department of Labor" or
				"U.S. Department of Labor" shall refer to the department.
(6) "Occupational Safety and Health Review
				Commission", "Review Commission", "Commission", or "OSHRC" shall refer to the
				board of safety review created by IC 22-8-1.1.
(7) "Federal holidays" shall refer to legal
				holidays observed by state offices under IC 1-1-9.
(8) "Citation" shall refer to a safety order
				as defined in IC 22-8-1.1-1.
(9)
				"Regional Solicitor" shall refer to:
(A)
				department counsel for functions performed by department counsel; or
(B) the Indiana attorney general for
				functions performed by the attorney general.
(10) References to specific sections of The
				Occupational Safety and Health Act of 1970 shall be interpreted to refer to the
				corresponding section under IC 22-8-1.1 as set out in Table 2.
Table 2
Occupational Safety and Health Act of 1970
Indiana Code section
§5
IC 22-8-1.1-2
§6
IC 22-8-1.1-15 and IC 22-8-1.1-15.1
§8(a)
IC 22-8-1.1-23.1 and IC 22-8-1.1-24.1
§10
IC 22-8-1.1-28.1, IC 22-8-1.1-28.2, IC 22-8-1.1-28.3,
							 and IC 22-
8-1.1-35.6
§11(c)
IC 22-8-1.1-38.1
§13(a)
IC 22-8-1.1-39.1
§15
IC 22-8-1.1-48.4
§17
IC 22-8-1.1-27.1
(11)
										29
				CFR 1903.9(a) and 29 CFR
				1903.9(b) are not incorporated by reference, and those subsections are replaced
				with section 2 of this rule.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 2 - Inspections, Safety Orders, and Penalties › Section 2-9 - Trade secrets

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC
				  22-8-1.1-48.1
Affected: IC
				  22-8-1.1-48.4
Sec. 9.
As required by IC
				  22-8-1.1-48.4,
				  all information that contains or might reveal a trade secret shall be:
(1) considered confidential; and
(2) disclosed only to such other officers or
				employees of the department as may be necessary for them to discharge their
				duties. In any proceeding, the commissioner, the commission, the board, or a
				court shall issue such orders as may be appropriate, including the impoundment
				of files, or portions of files, to protect the confidentiality of trade
				secrets.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 9 - OCCUPATIONAL SAFETY AND HEALTH › Rule 3 - Recording and Reporting Occupational Injuries and Illnesses › Section 3-1 - Incorporation by reference

Current through July 10, 2024
Authority: IC 22-1-1-8; IC 22-8-1.1-48.1
Affected: IC 22-8-1.1-1; IC 22-8-1.1-38.1
Sec. 1.
(a) The
				commissioner of labor hereby incorporates by reference Sections 1904.0 through
				1904.46 of 29 CFR 1904 * (recording and reporting occupational injuries and
				illnesses) as it existed on January 1, 2006.
(b) When interpreting this rule, including
				all matters incorporated by reference, the following shall apply:
(1) "Occupational Safety and Health Act",
				"The Act", or "OSH Act" shall refer to the Indiana Occupational Safety and
				Health Act (IC 22-8-1.1), except as used in 1904.40(b)(1)(ii) and
				1904.40(b)(1)(iii), where it shall be given its usual meaning.
(2) "Occupational Safety and Health
				Administration", "the Agency", or "OSHA" shall refer to the Indiana
				occupational safety and health division of the department, also known as
				IOSHA.
(3) "Section 11(c)" shall
				refer to IC 22-8-1.1-38.1.
(4)
				"Area office" shall refer to the office of the Indiana occupational safety and
				health division of the department, also known as IOSHA.
(5) "Secretary of Labor" shall be read to
				mean the commissioner.
(6) The
				following shall be substituted for the corresponding definitions in
				29
				CFR 1904.46:
(A) "The Act" means the Indiana Occupational
				Safety and Health Act (IC 22-8-1.1, et seq.). The definitions contained in
				Section 3 of the Occupational Safety and Health Act of 1970 (
				29
				U.S.C. 652 ) and related interpretations
				apply to such terms when used in this Part 1904.
(B) "You" means an employer as defined in IC
				22-8-1.1-1.
(7)
										29
				CFR 1904.39(a) shall be
				replaced to read "Within eight (8) hours after the death of any employee from a
				work-related incident or the inpatient hospitalization of three (3) or more
				employees as a result of a work-related incident, the employer must orally
				report the fatality or multiple hospitalization by telephone or in person to
				the Indiana occupational safety and health division of the department, also
				known as IOSHA. The employer shall contact IOSHA by calling 1-317-232-2693. The
				employer may also use the Federal OSHA toll-free central telephone number,
				1-800-321 -OSHA ( 1-800-321-6742 ).".
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 1 - Definitions › Section 1-2 - "Youth employment laws" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC 22-2-18.1
Sec. 2.
"Youth employment laws" means IC 22-2-18.1, and any rules
				  adopted to enforce or interpret them.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 1 - Definitions › Section 1-4 - "Minor" defined

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC 22-2-18.1
Sec. 4.
"Minor" means a person who:
(1) is less than eighteen (18) years of age;
				and
(2) is not subject to the
				exemptions described in IC 22-2-18.1-2 and IC 22-2-18.1-13.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 1 - Definitions › Section 1-5 - "Qualifying location" defined

Current through July 10, 2024
Authority: IC 22-1-1-8; IC 22-2-18.1-31
Affected: IC 22-2-18.1
Sec. 5.
"Qualifying location" means each separate and distinct
				  location operated by a required employer that has five (5) or more minors who
				  work at that location.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 1 - Definitions › Section 1-6 - "Required employer" defined

Current through July 10, 2024
Authority: IC 22-1-1-8; IC 22-2-18.1-26; IC
				  22-2-18.1-31
Affected: IC 22-2-18.1
Sec. 6.
"Required employer" means an employer who:
(1) is not subject to the exemptions
				described in IC 22-2-18.1-2; and
(2) meets the criteria set forth in IC
				22-2-18.1-26(a) at one (1) or more locations in Indiana.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 2 - Youth Employment Law Enforcement and Inspections › Section 2-1 - Authority of department

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC 22-2-18.1
Sec. 1.
(a) The
				department may inspect any employer in the state to ensure compliance with
				Indiana's youth employment laws.
(b) An employer shall allow the department's
				inspectors to:
(1) inspect records related to
				employees under eighteen (18) years of age;
(2) examine work areas; and
(3) interview employees.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 2 - Youth Employment Law Enforcement and Inspections › Section 2-2 - Inspections

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC 22-2-18.1
Sec. 2.
The department may conduct:
(1) an investigation when a member of the
				public reports a possible violation of youth employment laws;
(2) random investigations; and
(3) targeted inspections based on industry
				and employment data.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 3 - Work Hours and Breaks › Section 3-1 - Hours of employment; records

Current through July 10, 2024
Authority: IC
				  22-1-1-8
Affected: IC 22-2-18.1
Sec. 1.
An employer shall maintain records of days and hours worked
				  for all employees under eighteen (18) years of age in order to verify
				  compliance with IC 22-2-18.1.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 3 - Work Hours and Breaks › Section 3-2 - Break recommendations

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC 22-2-18.1-27
Affected: IC 22-2-18.1
Sec. 2.
The department recommends that if any minor works or is
				  scheduled to work more than six (6) hours in a shift, the employer provides the
				  minor with at least two (2) fifteen (15) minute rest breaks or one (1) thirty
				  (30) minute rest break.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 5 - Registration of Minors › Section 5-1 - Registration timing

Current through July 10, 2024
Authority: IC 22-1-1-8; IC 22-2-18.1-1
Affected: IC 22-2-18.1
Sec. 1.
Each required employer shall complete the registration of
				  all minors employed at all qualifying locations within three (3) business days
				  after becoming a required employer.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 5 - Registration of Minors › Section 5-2 - Multiple employer locations

Current through July 10, 2024
Authority: IC
				  22-1-1-8;
				  IC 22-2-18.1-26; IC 22-2-18.1-31
Affected: IC 22-2-18.1
Sec. 2.
A required employer shall register each of its qualifying
				  locations according to this rule.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 5 - Registration of Minors › Section 5-3 - Registration system

Current through July 10, 2024
Authority: IC 22-1-1-8; IC 22-2-18.1-25
Affected: IC 22-2-18.1
Sec. 3.
To register its minors at each of its qualifying locations,
				  each required employer shall use the Youth Employment System (YES), that can be
				  found by following the link provided under the youth employment section on the
				  department's website.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 5 - Registration of Minors › Section 5-4 - Enter and maintain accurate registration; penalties for failure

Current through July 10, 2024
Authority: IC 22-1-1-8; IC 22-2-18.1
Affected: IC 22-2-18.1-30
Sec. 4.
Each required employer shall enter and maintain an accurate
				  and up-to-date list of minor employees at each qualifying location by using the
				  online Youth Employment System (YES). Required employers shall update, within
				  three (3) business days of the change, any information that has changed
				  regarding qualifying locations and the names and numbers of minors at each of
				  those locations. Failure to accurately and timely enter and update this
				  information as described in this rule may result in a warning or civil penalty
				  as set forth in IC 22-2-18.1-30.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 10 - YOUTH EMPLOYMENT › Rule 5 - Registration of Minors › Section 5-5 - Public access

Current through July 10, 2024
Authority: IC 22-1-1-8; IC 22-2-18.1-25
Affected: IC 22-2-18.1
Sec. 5.
The public may access the Youth Employment System (YES) as
				  described in this rule to search for registered employers.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 11 - RIGHT TO WORK › Rule 1 - Procedures Governing Right to Work Complaints › Section 1-1 - Scope

Current through July 10, 2024
Authority: IC
				  22-6-6-11
Affected: IC 22-6-6; IC 36-1-2-13
Sec. 1.
(a) This
				rule governs complaints filed with the department of labor alleging a violation
				or threatened violation of IC 22-6-6.
(b) This rule applies to written or oral
				contracts or agreements entered into, modified, renewed, or extended after
				March 14, 2012. It does not apply to or abrogate a written or oral contract or
				agreement in effect on March 14, 2012, except to the extent such contract is
				later modified, renewed, or extended.
(c) This rule does not apply to the
				following:
(1) An employee of the United
				States or a wholly owned corporation of the United States.
(2) An:
(A)
				employee; and
(B) employer; subject
				to the federal Railway Labor Act (
				45 U.S.C.
				151 et seq.).
(3) An employee employed on property over
				which the United States government has exclusive jurisdiction for the purpose
				of labor relations.
(4) An employee
				of the state.
(5) An employee of a
				political subdivision (as defined in IC
				36-1-2-13
				).
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 11 - RIGHT TO WORK › Rule 1 - Procedures Governing Right to Work Complaints › Section 1-2 - Definitions

Current through July 10, 2024
Authority: IC
				  22-6-6-11
Affected: IC
				  22-6-6-8
Sec. 2.
The following definitions apply throughout this rule:
(1) "Complainant" means an individual filing
				a complaint with the department under IC
				22-6-6-11.
(2) "Department" means the Indiana department
				of labor.
(3) "Employer" means:
(A) a person employing at least one (1)
				individual in Indiana; or
(B) an
				agent of an employer described in clause (A).
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 11 - RIGHT TO WORK › Rule 1 - Procedures Governing Right to Work Complaints › Section 1-3 - Filing of complaints

Current through July 10, 2024
Authority: IC
				  22-6-6-11
Affected: IC
				  22-6-6-8
Sec. 3.
(a) An
				individual may file a complaint alleging that a person has required or
				threatened to require the individual to:
(1)
				become or remain a member of a labor organization;
(2) pay dues, fees, assessments, or other
				charges of any kind or amount to a labor organization; or
(3) pay to a charity or third party an amount
				that is equivalent to or a pro rata part of dues, fees, assessments, or other
				charges required of members of a labor organization; as a condition of
				employment or continuation of employment in violation of IC
				22-6-6-8.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 11 - RIGHT TO WORK › Rule 1 - Procedures Governing Right to Work Complaints › Section 1-4 - Review and investigation of complaints

Current through July 10, 2024
Authority: IC
				  22-6-6-11
Affected: IC 22-6-6
Sec. 4.
(a) The
				department shall review each complaint to determine if it complies with section
				3 of this rule and states facts alleging a possible violation.
(b) If the department determines that the
				complaint does not:
(1) state facts alleging a
				violation; or
(2) comply with the
				requirements in section 3 of this rule; the department may close its file
				without further investigation and shall notify the individual who filed the
				complaint that the complaint is closed. This determination shall not be binding
				or preclusive in any other forum available to the employee.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 11 - RIGHT TO WORK › Rule 1 - Procedures Governing Right to Work Complaints › Section 1-5 - Administrative order; hearing

Current through July 10, 2024
Authority: IC
				  22-6-6-11
Affected: IC
				  4-21.5-3-29;
				  IC 22-6-6
Sec. 5.
(a) If after
				conducting an investigation, the department determines that a violation has
				occurred, the department may conduct a hearing to determine if an
				administrative order should be issued against the respondent.
(b) Proceedings under this section are
				governed by IC 4-21.5.
(c) The
				department may appoint an administrative law judge to conduct the hearing and
				issue a recommended order.
(d) The
				recommended order may be affirmed, modified, or dissolved under the procedures
				described in IC
				4-21.5-3-29.
(e) The administrative order issued under
				this section may award any or all of the following to an individual who filed a
				complaint under this section if the department finds that a violation or
				threated
[sic]
violation occurred:
(1) The greater of:
(A) actual and consequential damages
				resulting from the violation or threatened violation; or
(B) liquidated damages of not more than one
				thousand dollars ($1,000).
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 11 - RIGHT TO WORK › Rule 1 - Procedures Governing Right to Work Complaints › Section 1-6 - Parties

Current through July 10, 2024
Authority: IC
				  22-6-6-11
Affected: IC
				  4-21.5-3-21;
				  IC 22-6-6
Sec. 6.
(a) The
				department and the respondent are parties to the proceeding under section 5 of
				this rule.
(b) Another person who
				would be aggrieved or adversely affected by an administrative order issued
				under section 5 of this rule may petition to intervene in the
				proceeding.
(c) Petitions for
				intervention shall comply with IC
				4-21.5-3-21.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 11 - RIGHT TO WORK › Rule 1 - Procedures Governing Right to Work Complaints › Section 1-7 - Service and filing of pleadings and other documents

Current through July 10, 2024
Authority: IC
				  22-6-6-11
Affected: IC
				  4-21.5-3-1;
				  IC 22-6-6
Sec. 7.
(a) This
				section supplements the requirements contained in IC
				4-21.5-3-1.
(b) Unless otherwise provided by this rule or
				by statute, each party shall be served with the following:
(1) Every order required by its terms to be
				served.
(2) Every document
				filed.
(3) Every paper relating to
				discovery required to be served upon a party.
Indiana Administrative Code › Title 610 - DEPARTMENT OF LABOR › Article 11 - RIGHT TO WORK › Rule 1 - Procedures Governing Right to Work Complaints › Section 1-8 - Time computation

Current through July 10, 2024
Authority: IC
				  22-6-6-11
Affected: IC
				  4-21.5-3-2; IC
				  22-6-6
Sec. 8.
The computation of any period of time in a proceeding under
				  this rule shall be done pursuant to IC
				  4-21.5-3-2.
Indiana Administrative Code › Title 615 - BOARD OF SAFETY REVIEW › Article 1 - OCCUPATIONAL HEALTH AND SAFETY: PROCEEDINGS BEFORE THE BOARD OF SAFETY REVIEW › Rule 2 - Procedures Governing Adjudicative Proceedings Before the Board of Safety Review › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 4-21.5; IC 22-8-1.1-1
Sec. 1.
(a) The definitions contained in IC 4-21.5-1 are applicable to this rule ( 615 IAC 1-2 ) unless the context clearly requires otherwise.
(b) The definitions contained in IC 22-8-1.1-1 are applicable to this rule ( 615 IAC 1-2 ).
(c) The definitions contained in 610 IAC 4-3-21 are applicable to this rule ( 615 IAC 1-2 ).
(d) Except to the extent that the term in a particular context would refer to the Commissioner, the term "agency" as used in IC 4-21.5 means the Board for proceedings before the Board.
(e) The term "ultimate authority" as used in IC 4-21.5 means the Board for proceedings before the board.
Indiana Administrative Code › Title 615 - BOARD OF SAFETY REVIEW › Article 1 - OCCUPATIONAL HEALTH AND SAFETY: PROCEEDINGS BEFORE THE BOARD OF SAFETY REVIEW › Rule 2 - Procedures Governing Adjudicative Proceedings Before the Board of Safety Review › Section 2-2 - Procedural matters; applicable statutes and rules

Current through July 10, 2024
Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 4-21.5; IC 5-14-1.5; IC 22-8-1.1
Sec. 2.
(a) All proceedings before the Board of Safety Review shall be governed by IC 4-21.5 which concerns administrative orders and procedures, the Indiana Occupational Safety and Health Act (IC 22-8-1.1), the Indiana Open Door law (IC 5-14-1.5), this rule ( 615 IAC 1-2 ) and any applicable rule adopted by the Commissioner specifically including 610 IAC 4-3. On any procedural matter not dealt with by these statutes and rules, the Board shall be guided to the extent practicable by the Indiana Rules of Trial Procedure.
(b) The basic purpose of this rule ( 615 IAC 1-2 ) is to supplement the statutes and other rules stated in subsection (a). For a complete understanding of provisions applicable to proceedings before the Board it is especially important to consider the detailed provisions found in IC  4-21.5-3.
Indiana Administrative Code › Title 615 - BOARD OF SAFETY REVIEW › Article 1 - OCCUPATIONAL HEALTH AND SAFETY: PROCEEDINGS BEFORE THE BOARD OF SAFETY REVIEW › Rule 2 - Procedures Governing Adjudicative Proceedings Before the Board of Safety Review › Section 2-3 - Function of the board

Current through July 10, 2024
Authority: IC  4-21.5-3-35; IC  22-8-1.1-48.1
Affected: IC  4-21.5-3; IC  22-8-1.1
Sec. 3.
The Board is authorized to hear and decide disputes which may arise between the Commissioner and employers who are aggrieved by a Safety Order, assessment of penalty or notice of failure to correct violation, issued by the Commissioner, or with employees or representatives of employees who are aggrieved by an abatement period issued by the Commissioner. The board is also authorized to hear and decide disputes between an employer who has filed a Petition for Modification of Abatement and the Commissioner or affected employees or their representatives.
Indiana Administrative Code › Title 615 - BOARD OF SAFETY REVIEW › Article 1 - OCCUPATIONAL HEALTH AND SAFETY: PROCEEDINGS BEFORE THE BOARD OF SAFETY REVIEW › Rule 2 - Procedures Governing Adjudicative Proceedings Before the Board of Safety Review › Section 2-4 - Jurisdiction of the board

Current through July 10, 2024
Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 4-21.5-3; IC 22-8-1.1
Sec. 4.
The Board obtains jurisdiction of a dispute when the Commissioner certifies to the Board that a dispute exists between him and an employer or employee in respect to a Safety Order, assessment of penalty, notice of failure to correct violation, or a Petition for Modification of Abatement. The Commissioner shall certify a case to the Board in conjunction with granting of a petition for review under the applicable provisions of 610 IAC 4-3-15, 610 IAC 4-3-18, 610 IAC 4-3-19, 610 IAC 4-3-19.5 or 610 IAC 4-3-20.
Indiana Administrative Code › Title 615 - BOARD OF SAFETY REVIEW › Article 1 - OCCUPATIONAL HEALTH AND SAFETY: PROCEEDINGS BEFORE THE BOARD OF SAFETY REVIEW › Rule 2 - Procedures Governing Adjudicative Proceedings Before the Board of Safety Review › Section 2-5 - Form of pleadings

Current through July 10, 2024
Authority: IC  4-21.5-3-35; IC  22-8-1.1-48.1
Affected: IC  4-21.5-3; IC  22-8-1.1
Sec. 5.
(a) There are no specific requirements of form for any pleading or other paper except as provided for by this section.
(b) Cases, except those initiated by a Petition for Modification of Abatement, shall be titled: Commissioner of Labor,
Complainant,
v.
(Name of party who petitioned for review)
Respondent.
(c) Cases initiated by a Petition for Modification of Abatement shall be titled: (Name of Employer),
Petitioner,
v.
Commissioner of Labor,
Respondent.
(d) The titles provided for in subsections (b) and (c) shall appear at the upper left portion of the initial page of any pleading or paper (other than exhibits) filed.
(e) The initial page of any pleading or paper (other than exhibits) shall show opposite the title, the docket number, if known, assigned by the Board.
Indiana Administrative Code › Title 615 - BOARD OF SAFETY REVIEW › Article 1 - OCCUPATIONAL HEALTH AND SAFETY: PROCEEDINGS BEFORE THE BOARD OF SAFETY REVIEW › Rule 2 - Procedures Governing Adjudicative Proceedings Before the Board of Safety Review › Section 2-6 - Parties to proceedings

Current through July 10, 2024
Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 4-21.5-3-21; IC 22-8-1.1
Sec. 6.
(a) In all cases, except those initiated by a Petition for Modification of Abatement, the Commissioner and the person who filed the petition for review shall be deemed parties to the proceeding. When the petition for review was filed by the employer, employees of the employer, or their authorized representatives, may intervene (elect to participate as a party) pursuant to subsection (c). When the peition
[sic.]
for review was filed by an employee of the employer or an authorized employee representative, the employer may intervene (elect to participate as a party) pursuant to subsection (c).
(b) In cases initiated by a Petition for Modification of Abatement, the parties shall be the petitioning employer, the Commissioner, and any affected employees or their representatives who have filed a petition for review pursuant to 610 IAC 4-3-15. However, any employee of the employer or authorized employee representative, even though he did not previously file a petition for review, may intervene (elect to participate as a party) pursuant to subsection (c).
(c) Petitions for intervention shall comply with IC  4-21.5-3-21.
Indiana Administrative Code › Title 615 - BOARD OF SAFETY REVIEW › Article 1 - OCCUPATIONAL HEALTH AND SAFETY: PROCEEDINGS BEFORE THE BOARD OF SAFETY REVIEW › Rule 2 - Procedures Governing Adjudicative Proceedings Before the Board of Safety Review › Section 2-7 - Notification to employees and employee representatives of board proceedings

Current through July 10, 2024
Authority: IC  4-21.5-3-35; IC  22-8-1.1-48.1
Affected: IC  4-21.5-3-21; IC  22-8-1.1
Sec. 7.
(a) Within seven days of notice that the Commissioner has granted a petition for review filed by an employer, the employer shall post, where the Safety Order is required to be posted, a copy of said petition for review and a notice informing affected employees of their right to party status and of the availability of all pleadings for inspection and copying at reasonable times. A notice in the following form shall be deemed to comply with this subsection:
Name of Employer:
Your employer has been cited by the Commissioner of Labor for violation of the Indiana Occupational Safety and Health Act. A petition for review has been filed and it will be the subject of a proceeding before the Board of Safety Review. Affected employees are entitled to participate in this proceeding as parties under terms and conditions established by the Board of Safety Review in its Rules of Procedure. Notice of intent to participate shall be by a petition for intervention which must meet the requirements of IC  4-21.5-3-21 and be sent to:
Board of Safety Review
Indiana Government Center-South
402 West Washington Street, Room W195
Indianapolis, Indiana 46204
All papers relevant to this matter may be inspected at:
(Place reasonably convenient to employees, preferably at or near workplace)
(b) Within seven days of notice that the commissioner has granted a petition for review filed by an employee or employee representative, the employee or employee representative shall serve such petition for review on the employer who shall immediately post it. Said employee or employee representative shall also serve any other employee representative with said petition and a notice such as that required by subsection (a). A copy of this notice shall also be given to the employer to be posted.
(c) Where employees are represented by an authorized employee representative then the notices required by this section to be posted shall also be served on said employee representative either by personal service or by United States mail postage prepaid.
(d) This section does not apply to cases initiated by a Petition for Modification of Abatement date.
Indiana Administrative Code › Title 615 - BOARD OF SAFETY REVIEW › Article 1 - OCCUPATIONAL HEALTH AND SAFETY: PROCEEDINGS BEFORE THE BOARD OF SAFETY REVIEW › Rule 2 - Procedures Governing Adjudicative Proceedings Before the Board of Safety Review › Section 2-8 - Service and filing of pleadings and other papers

Current through July 10, 2024
Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 4-21.5-3-1; IC 22-8-1.1
Sec. 8.
(a) This section supplements the requirements contained in IC 4-21.5-3-1.
(b) Service when required. Unless otherwise provided by this rule ( 615 IAC 1-2 ) or an order of the Board, each party shall be served with:
(1) every order required by its terms to be served;
(2) every pleading filed subsequent to the papers delivered to the Board at the time the case is certified to it;
(3) every written motion;
(4) every brief submitted to the Board;
(5) every paper relating to discovery required to be served upon a party; and
(6) every written notice, appearance, or similar paper.
Indiana Administrative Code › Title 615 - BOARD OF SAFETY REVIEW › Article 1 - OCCUPATIONAL HEALTH AND SAFETY: PROCEEDINGS BEFORE THE BOARD OF SAFETY REVIEW › Rule 2 - Procedures Governing Adjudicative Proceedings Before the Board of Safety Review › Section 2-9 - Time computation; extension

Current through July 10, 2024
Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 4-21.5-3-2; IC 22-8-1.1
Sec. 9.
(a) The computation of any period of time in a proceeding before the Board shall be done pursuant to IC 4-21.5-3-2.
(b) Notwithstanding subsection (a), a period of time measured by working days shall be measured pursuant to the definition of "working days" found in 610 IAC 4-3-21.
(c) Subsection (d) applies as follows:
(1) to any act required or allowed to be done within a specified time by this rule ( 615 IAC 1-2 ); and
(2) to the extent they specifically permit an enlargement of time for the particular act involved, to any act required or allowed to be done within a specified time by IC 4-21.5 and Rules 26 through 37 of the Indiana Rules of Procedure.
Indiana Administrative Code › Title 615 - BOARD OF SAFETY REVIEW › Article 1 - OCCUPATIONAL HEALTH AND SAFETY: PROCEEDINGS BEFORE THE BOARD OF SAFETY REVIEW › Rule 2 - Procedures Governing Adjudicative Proceedings Before the Board of Safety Review › Section 2-10 - Pleadings

Current through July 10, 2024
Authority: IC  4-21.5-3-35; IC  22-8-1.1-48.1
Affected: IC  4-21.5-3; IC  22-8-1.1
Sec. 10.
(a) The Commissioner shall within five working days of the granting of a petition for review transmit all relevant documents to the Board.
(b) Unless the Commissioner files a complaint under subsection (c), in all procedings
[sic.]
, except those initiated by a Petition for Modification of Abatement Date, the Safety Order, penalty assessment or notice of failure to correct violation shall stand as the complaint and the petition for review shall stand as the answer.
(c) Except in cases initiated by a Petition for Modification of Abatement Date, the Commissioner may within twenty days of certification to the Board file a written complaint to set forth with more particularity the elements of the case which may include considerations upon which the abatement period or the proposed penalty is based.
(d) If the Commissioner files a complaint under subsection (c), the person complained of shall file within twenty days an answer denying those allegations which the person intends to contest. Any allegation not denied shall be deemed admitted. Any affirmative defenses must be raised in said answer. Default judgments may be granted upon motion where a person has not answered in the prescribed period.
(e) In cases initiated by a petition for modification of abatement date, the pleadings shall consist of the petition for modification of abatement date, the commissioner's order granting or denying such and any petition for review.
Indiana Administrative Code › Title 615 - BOARD OF SAFETY REVIEW › Article 1 - OCCUPATIONAL HEALTH AND SAFETY: PROCEEDINGS BEFORE THE BOARD OF SAFETY REVIEW › Rule 2 - Procedures Governing Adjudicative Proceedings Before the Board of Safety Review › Section 2-11 - Petitions for modification of abatement date

Current through July 10, 2024
Authority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 4-21.5-3-21; IC 22-8-1.1
Sec. 11.
(a) This section applies to petitions for modification of abatement date provided for by 610 IAC 4-3-15.
(b)
(1) Within seven days of notice that the Commissioner has granted a petition for review, the employer shall post in a conspicuous place, and serve any authorized employee representative, the following notice (or a substantial equivalent):
Name of Employer:
Your employer has filed a Petition for Modification of Abatement Date which was (granted/denied) by the Commissioner of Labor and which is now the subject of a proceeding before the Board of Safety Review based on a petition for review filed by (your employer/other petitioning person). Affected employees are entitled to participate in the proceeding as parties under terms and conditions established by the Board of Safety Review in its Rules of Procedure. Notice of intent to participate shall be by a petition for intervention which must meet the requirements of IC  4-21.5-3-21  and be sent to:
Board of Safety Review
Indiana Government Center-South
402 West Washington Street, Room W195
Indianapolis, Indiana 46204
All papers relevant to this matter may be inspected at:
(Place reasonably convenient to employees, preferably at or near workplace)
(2) The notice required by subsection (b)(1) need not be served upon an employee representative who filed a petition for review and need not be posted if all affected employees are represented by the employee representative who filed the petition for review.
Indiana Administrative Code › Title 615 - BOARD OF SAFETY REVIEW › Article 1 - OCCUPATIONAL HEALTH AND SAFETY: PROCEEDINGS BEFORE THE BOARD OF SAFETY REVIEW › Rule 2 - Procedures Governing Adjudicative Proceedings Before the Board of Safety Review › Section 2-12 - Consolidation of cases

Current through July 10, 2024
Authority: IC  4-21.5-3-35; IC  22-8-1.1-48.1
Affected: IC  4-21.5-3; IC  22-8-1.1
Sec. 12.
Cases may be consolidated on the motion of any party or on the Board's own motion where there exists common parties, common questions of law or fact, or both.