Indiana 2024 Regular Session

Indiana House Bill HB1231 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	EH1231.2
	2	+	Reprinted
	3	+	February 23, 2024
	4	+	ENGROSSED
	5	+	HOUSE BILL No. 1231
	6	+	_____
	7	+	DIGEST OF HB 1231 (Updated February 22, 2024 4:05 pm - DI 106)
	8	+	Citations Affected: IC 22-8.
	9	+	Synopsis: Service of safety orders and penalty assessments. Permits
	10	+	the commissioner of labor or the commissioner's representative to serve
	11	+	safety orders or penalty assessments by electronic mail. Expands where
	12	+	the commissioner of labor or the commissioner's representative may
	13	+	serve physical copies of safety orders or penalty assessments.
	14	+	Effective: July 1, 2024.
	15	+	Goodrich, VanNatter, Hostettler
	16	+	(SENATE SPONSORS — ROGERS, DORIOT)
	17	+	January 9, 2024, read first time and referred to Committee on Employment, Labor and
	18	+	Pensions.
	19	+	January 18, 2024, reported — Do Pass.
	20	+	January 22, 2024, read second time, ordered engrossed. Engrossed.
	21	+	January 23, 2024, read third time, passed. Yeas 93, nays 0.
	22	+	SENATE ACTION
	23	+	February 5, 2024, read first time and referred to Committee on Pensions and Labor.
	24	+	February 15, 2024, reported favorably — Do Pass.
	25	+	February 19, 2024, read second time, ordered engrossed. Engrossed.
	26	+	February 20, 2024, returned to second reading.
	27	+	February 22, 2024, re-read second time, amended, ordered engrossed.
	28	+	EH 1231—LS 6350/DI 153 Reprinted
	29	+	February 23, 2024
1	30		Second Regular Session of the 123rd General Assembly (2024)
2	31		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	32		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	33		additions will appear in this style type, and deletions will appear in this style type.
5	34		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	35		provision adopted), the text of the new provision will appear in this style type. Also, the
7	36		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	37		a new provision to the Indiana Code or the Indiana Constitution.
9	38		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	39		between statutes enacted by the 2023 Regular Session of the General Assembly.
11		-	HOUSE ENROLLED ACT No. 1231
12		-	AN ACT to amend the Indiana Code concerning labor and safety.
	40	+	ENGROSSED
	41	+	HOUSE BILL No. 1231
	42	+	A BILL FOR AN ACT to amend the Indiana Code concerning labor
	43	+	and safety.
13	44		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 22-8-1.1-25.1 IS AMENDED TO READ AS
15		-	FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 25.1. (a) As used in
16		-	this section, "employer's representative" means:
17		-	(1) any employee of the employer with whom the
18		-	commissioner or the commissioner's representative opens an
19		-	inspection; or
20		-	(2) an individual who identifies themself as an authorized
21		-	employer representative to the commissioner or the
22		-	commissioner's representative.
23		-	(b) If, as a result of the inspection, the commissioner or his the
24		-	commissioner's designated representative determines there is a
25		-	violation of this chapter, or any standard promulgated under it, the
26		-	commissioner shall issue a safety order. Such safety order shall:
27		-	(1) be in writing;
28		-	(2) describe with particularity the nature of the violation with
29		-	reference to the provision of this chapter, or the standard alleged
30		-	to have been violated; and
31		-	(3) fix a reasonable time for the abatement of the violation.
32		-	(b) (c) Except as provided under section 51 of this chapter, either at
33		-	the time the safety order is issued, or within five (5) working days
34		-	thereafter, the commissioner shall notify the employer of the penalty,
35		-	if any, being assessed.
36		-	HEA 1231 — Concur 2
37		-	(c) (d) Notwithstanding IC 4-21.5-3-1, all safety orders and penalty
38		-	assessments shall be served on the employer:
39		-	(1) personally on or sent by personal service or registered or
40		-	certified mail: to the employer
41		-	(A) at the place where an alleged violation of this chapter or
42		-	an alleged violation of a standard set by a rule adopted under
43		-	this chapter exists;
44		-	(B) at the employer's address registered with the secretary
45		-	of state;
46		-	(C) at the address of the employer's registered agent; or
47		-	(D) unless another at an address is provided to the
48		-	commissioner or the commissioner's representative:
49		-	(i) by the employer or the employer's representative;
50		-	(ii) during an inspection; and
51		-	(iii) on a form supplied by the commissioner's
52		-	representative; or
53		-	(2) to an electronic mail address provided to the
54		-	commissioner's representative:
55		-	(A) by the employer or the employer's representative;
56		-	(B) during an inspection; and
57		-	(C) on a form supplied by the commissioner's
58		-	representative.
59		-	A safety order or penalty assessment served by electronic mail
60		-	under subdivision (2) shall be transmitted with a read receipt or
61		-	another form of electronic confirmation to ensure that the
62		-	recipient has received the electronic mail. If the commissioner or
63		-	commissioner's representative does not receive a receipt or
64		-	electronic confirmation within five (5) days of transmission, the
65		-	commissioner or commissioner's representative shall, as soon as
66		-	practicable, mail a physical copy of the order or assessment by
67		-	registered or certified mail. The commissioner or the commissioner's
68		-	representative shall give notice of safety orders and penalty
69		-	assessments under IC 4-21.5-3-6. No safety order may be issued after
70		-	the expiration of six (6) months following the occurrence of any
71		-	violation.
72		-	(d) (e) The commissioner may prescribe procedures for the issuance
73		-	of a notice of de minimis violations, in lieu of a safety order, which
74		-	have no direct or immediate relationship to safety or health.
75		-	HEA 1231 — Concur Speaker of the House of Representatives
76		-	President of the Senate
77		-	President Pro Tempore
78		-	Governor of the State of Indiana
79		-	Date: Time:
80		-	HEA 1231 — Concur
	45	+	1 SECTION 1. IC 22-8-1.1-25.1 IS AMENDED TO READ AS
	46	+	2 FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 25.1. (a) As used in
	47	+	3 this section, "employer's representative" means:
	48	+	4 (1) any employee of the employer with whom the
	49	+	5 commissioner or the commissioner's representative opens an
	50	+	6 inspection; or
	51	+	7 (2) an individual who identifies themself as an authorized
	52	+	8 employer representative to the commissioner or the
	53	+	9 commissioner's representative.
	54	+	10 (b) If, as a result of the inspection, the commissioner or his the
	55	+	11 commissioner's designated representative determines there is a
	56	+	12 violation of this chapter, or any standard promulgated under it, the
	57	+	13 commissioner shall issue a safety order. Such safety order shall:
	58	+	14 (1) be in writing;
	59	+	15 (2) describe with particularity the nature of the violation with
	60	+	16 reference to the provision of this chapter, or the standard alleged
	61	+	17 to have been violated; and
	62	+	EH 1231—LS 6350/DI 153 2
	63	+	1 (3) fix a reasonable time for the abatement of the violation.
	64	+	2 (b) (c) Except as provided under section 51 of this chapter, either at
	65	+	3 the time the safety order is issued, or within five (5) working days
	66	+	4 thereafter, the commissioner shall notify the employer of the penalty,
	67	+	5 if any, being assessed.
	68	+	6 (c) (d) Notwithstanding IC 4-21.5-3-1, all safety orders and penalty
	69	+	7 assessments shall be served on the employer:
	70	+	8 (1) personally on or sent by personal service or registered or
	71	+	9 certified mail: to the employer
	72	+	10 (A) at the place where an alleged violation of this chapter or
	73	+	11 an alleged violation of a standard set by a rule adopted under
	74	+	12 this chapter exists;
	75	+	13 (B) at the employer's address registered with the secretary
	76	+	14 of state;
	77	+	15 (C) at the address of the employer's registered agent; or
	78	+	16 (D) unless another at an address is provided to the
	79	+	17 commissioner or the commissioner's representative:
	80	+	18 (i) by the employer or the employer's representative;
	81	+	19 (ii) during an inspection; and
	82	+	20 (iii) on a form supplied by the commissioner's
	83	+	21 representative; or
	84	+	22 (2) to an electronic mail address provided to the
	85	+	23 commissioner's representative:
	86	+	24 (A) by the employer or the employer's representative;
	87	+	25 (B) during an inspection; and
	88	+	26 (C) on a form supplied by the commissioner's
	89	+	27 representative.
	90	+	28 A safety order or penalty assessment served by electronic mail
	91	+	29 under subdivision (2) shall be transmitted with a read receipt or
	92	+	30 another form of electronic confirmation to ensure that the
	93	+	31 recipient has received the electronic mail. If the commissioner or
	94	+	32 commissioner's representative does not receive a receipt or
	95	+	33 electronic confirmation within five (5) days of transmission, the
	96	+	34 commissioner or commissioner's representative shall, as soon as
	97	+	35 practicable, mail a physical copy of the order or assessment by
	98	+	36 registered or certified mail. The commissioner or the commissioner's
	99	+	37 representative shall give notice of safety orders and penalty
	100	+	38 assessments under IC 4-21.5-3-6. No safety order may be issued after
	101	+	39 the expiration of six (6) months following the occurrence of any
	102	+	40 violation.
	103	+	41 (d) (e) The commissioner may prescribe procedures for the issuance
	104	+	42 of a notice of de minimis violations, in lieu of a safety order, which
	105	+	EH 1231—LS 6350/DI 153 3
	106	+	1 have no direct or immediate relationship to safety or health.
	107	+	EH 1231—LS 6350/DI 153 4
	108	+	COMMITTEE REPORT
	109	+	Mr. Speaker: Your Committee on Employment, Labor and Pensions,
	110	+	to which was referred House Bill 1231, has had the same under
	111	+	consideration and begs leave to report the same back to the House with
	112	+	the recommendation that said bill do pass.
	113	+	(Reference is to HB 1231 as introduced.)
	114	+	VANNATTER
	115	+	Committee Vote: Yeas 11, Nays 0
	116	+	_____
	117	+	COMMITTEE REPORT
	118	+	Madam President: The Senate Committee on Pensions and Labor,
	119	+	to which was referred House Bill No. 1231, has had the same under
	120	+	consideration and begs leave to report the same back to the Senate with
	121	+	the recommendation that said bill DO PASS.
	122	+	(Reference is to HB 1231 as printed January 18, 2024.)
	123	+
	124	+	ROGERS, Chairperson
	125	+	Committee Vote: Yeas 9, Nays 1
	126	+	_____
	127	+	SENATE MOTION
	128	+	Madam President: I move that Engrossed House Bill 1231, which
	129	+	is eligible for third reading, be returned to second reading for purposes
	130	+	of amendment.
	131	+	ROGERS
	132	+	_____
	133	+	SENATE MOTION
	134	+	Madam President: I move that Engrossed House Bill 1231 be
	135	+	amended to read as follows:
	136	+	Page 2, line 28, before "The commissioner" insert "A safety order
	137	+	or penalty assessment served by electronic mail under subdivision
	138	+	(2) shall be transmitted with a read receipt or another form of
	139	+	EH 1231—LS 6350/DI 153 5
	140	+	electronic confirmation to ensure that the recipient has received
	141	+	the electronic mail. If the commissioner or commissioner's
	142	+	representative does not receive a receipt or electronic confirmation
	143	+	within five (5) days of transmission, the commissioner or
	144	+	commissioner's representative shall, as soon as practicable, mail a
	145	+	physical copy of the order or assessment by registered or certified
	146	+	mail.".
	147	+	Renumber all SECTIONS consecutively.
	148	+	(Reference is to EHB 1231 as printed February 16, 2024.)
	149	+	ROGERS
	150	+	EH 1231—LS 6350/DI 153