*EH1231.2*
Reprinted
February 23, 2024
ENGROSSED
HOUSE BILL No. 1231
_____
DIGEST OF HB 1231 (Updated February 22, 2024 4:05 pm - DI 106)
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
(SENATE SPONSORS — ROGERS, DORIOT)
January 9, 2024, read first time and referred to Committee on Employment, Labor and
Pensions.
January 18, 2024, reported — Do Pass.
January 22, 2024, read second time, ordered engrossed. Engrossed.
January 23, 2024, read third time, passed. Yeas 93, nays 0.
SENATE ACTION
February 5, 2024, read first time and referred to Committee on Pensions and Labor.
February 15, 2024, reported favorably — Do Pass.
February 19, 2024, read second time, ordered engrossed. Engrossed.
February 20, 2024, returned to second reading.
February 22, 2024, re-read second time, amended, ordered engrossed.
EH 1231—LS 6350/DI 153 Reprinted
February 23, 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.
ENGROSSED
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
EH 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 A safety order or penalty assessment served by electronic mail
29 under subdivision (2) shall be transmitted with a read receipt or
30 another form of electronic confirmation to ensure that the
31 recipient has received the electronic mail. If the commissioner or
32 commissioner's representative does not receive a receipt or
33 electronic confirmation within five (5) days of transmission, the
34 commissioner or commissioner's representative shall, as soon as
35 practicable, mail a physical copy of the order or assessment by
36 registered or certified mail. The commissioner or the commissioner's
37 representative shall give notice of safety orders and penalty
38 assessments under IC 4-21.5-3-6. No safety order may be issued after
39 the expiration of six (6) months following the occurrence of any
40 violation.
41 (d) (e) The commissioner may prescribe procedures for the issuance
42 of a notice of de minimis violations, in lieu of a safety order, which
EH 1231—LS 6350/DI 153 3
1 have no direct or immediate relationship to safety or health.
EH 1231—LS 6350/DI 153 4
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
_____
COMMITTEE REPORT
Madam President: The Senate Committee on Pensions and Labor,
to which was referred House Bill No. 1231, has had the same under
consideration and begs leave to report the same back to the Senate with
the recommendation that said bill DO PASS.
(Reference is to HB 1231 as printed January 18, 2024.)
ROGERS, Chairperson
Committee Vote: Yeas 9, Nays 1
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1231, which
is eligible for third reading, be returned to second reading for purposes
of amendment.
ROGERS
_____
SENATE MOTION
Madam President: I move that Engrossed House Bill 1231 be
amended to read as follows:
Page 2, line 28, before "The commissioner" insert "A safety order
or penalty assessment served by electronic mail under subdivision
(2) shall be transmitted with a read receipt or another form of
EH 1231—LS 6350/DI 153 5
electronic confirmation to ensure that the recipient has received
the electronic mail. If the commissioner or commissioner's
representative does not receive a receipt or electronic confirmation
within five (5) days of transmission, the commissioner or
commissioner's representative shall, as soon as practicable, mail a
physical copy of the order or assessment by registered or certified
mail.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1231 as printed February 16, 2024.)
ROGERS
EH 1231—LS 6350/DI 153