*HB1231.1*
January 18, 2024
HOUSE BILL No. 1231
_____
DIGEST OF HB 1231 (Updated January 18, 2024 8:44 am - DI 140)
Citations Affected: IC 22-8.
Synopsis: Service of safety orders and penalty assessments. Permits
the commissioner of labor or the commissioner's representative to serve
safety orders or penalty assessments by electronic mail. Expands where
the commissioner of labor or the commissioner's representative may
serve physical copies of safety orders or penalty assessments.
Effective: July 1, 2024.
Goodrich, VanNatter, Hostettler
January 9, 2024, read first time and referred to Committee on Employment, Labor and
Pensions.
January 18, 2024, reported — Do Pass.
HB 1231—LS 6350/DI 153 January 18, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE BILL No. 1231
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 22-8-1.1-25.1 IS AMENDED TO READ AS
2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 25.1. (a) As used in
3 this section, "employer's representative" means:
4 (1) any employee of the employer with whom the
5 commissioner or the commissioner's representative opens an
6 inspection; or
7 (2) an individual who identifies themself as an authorized
8 employer representative to the commissioner or the
9 commissioner's representative.
10 (b) If, as a result of the inspection, the commissioner or his the
11 commissioner's designated representative determines there is a
12 violation of this chapter, or any standard promulgated under it, the
13 commissioner shall issue a safety order. Such safety order shall:
14 (1) be in writing;
15 (2) describe with particularity the nature of the violation with
16 reference to the provision of this chapter, or the standard alleged
17 to have been violated; and
HB 1231—LS 6350/DI 153 2
1 (3) fix a reasonable time for the abatement of the violation.
2 (b) (c) Except as provided under section 51 of this chapter, either at
3 the time the safety order is issued, or within five (5) working days
4 thereafter, the commissioner shall notify the employer of the penalty,
5 if any, being assessed.
6 (c) (d) Notwithstanding IC 4-21.5-3-1, all safety orders and penalty
7 assessments shall be served on the employer:
8 (1) personally on or sent by personal service or registered or
9 certified mail: to the employer
10 (A) at the place where an alleged violation of this chapter or
11 an alleged violation of a standard set by a rule adopted under
12 this chapter exists;
13 (B) at the employer's address registered with the secretary
14 of state;
15 (C) at the address of the employer's registered agent; or
16 (D) unless another at an address is provided to the
17 commissioner or the commissioner's representative:
18 (i) by the employer or the employer's representative;
19 (ii) during an inspection; and
20 (iii) on a form supplied by the commissioner's
21 representative; or
22 (2) to an electronic mail address provided to the
23 commissioner's representative:
24 (A) by the employer or the employer's representative;
25 (B) during an inspection; and
26 (C) on a form supplied by the commissioner's
27 representative.
28 The commissioner or the commissioner's representative shall give
29 notice of safety orders and penalty assessments under IC 4-21.5-3-6.
30 No safety order may be issued after the expiration of six (6) months
31 following the occurrence of any violation.
32 (d) (e) The commissioner may prescribe procedures for the issuance
33 of a notice of de minimis violations, in lieu of a safety order, which
34 have no direct or immediate relationship to safety or health.
HB 1231—LS 6350/DI 153 3
COMMITTEE REPORT
Mr. Speaker: Your Committee on Employment, Labor and Pensions,
to which was referred House Bill 1231, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill do pass.
(Reference is to HB 1231 as introduced.)
VANNATTER
Committee Vote: Yeas 11, Nays 0
HB 1231—LS 6350/DI 153