Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1231
AN ACT to amend the Indiana Code concerning labor and safety.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 22-8-1.1-25.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2024]: Sec. 25.1. (a) As used in
this section, "employer's representative" means:
(1) any employee of the employer with whom the
commissioner or the commissioner's representative opens an
inspection; or
(2) an individual who identifies themself as an authorized
employer representative to the commissioner or the
commissioner's representative.
(b) If, as a result of the inspection, the commissioner or his the
commissioner's 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) (c) 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.
HEA 1231 — Concur 2
(c) (d) Notwithstanding IC 4-21.5-3-1, all safety orders and penalty
assessments shall be served on the employer:
(1) personally on or sent by personal service or registered or
certified mail: to the employer
(A) 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;
(B) at the employer's address registered with the secretary
of state;
(C) at the address of the employer's registered agent; or
(D) unless another at an address is provided to the
commissioner or the commissioner's representative:
(i) by the employer or the employer's representative;
(ii) during an inspection; and
(iii) on a form supplied by the commissioner's
representative; or
(2) to an electronic mail address provided to the
commissioner's representative:
(A) by the employer or the employer's representative;
(B) during an inspection; and
(C) on a form supplied by the commissioner's
representative.
A safety order or penalty assessment served by electronic mail
under subdivision (2) shall be transmitted with a read receipt or
another form of 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. 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) (e) 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.
HEA 1231 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1231 — Concur