Indiana 2024 Regular Session

Indiana House Bill HB1326 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1326
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 22-8-1.1-27.1.
7	7	Synopsis: Occupational health and safety. Provides that the
8	8	commissioner of labor or the commissioner's duly designated
9	9	representative may assess a civil penalty of not less than the minimum
10	10	civil penalty and not more than the maximum civil penalty adopted by
11	11	the United States Occupational Safety and Health Administration under
12	12	the Federal Civil Penalties Inflation Adjustment Act Improvements Act
13	13	of 2015 for an employer who violates certain health and safety
14	14	standards.
15	15	Effective: July 1, 2024.
16	16	Carbaugh
17	17	January 10, 2024, read first time and referred to Committee on Employment, Labor and
18	18	Pensions.
19	19	2024 IN 1326—LS 6797/DI 141 Introduced
20	20	Second Regular Session of the 123rd General Assembly (2024)
21	21	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
22	22	Constitution) is being amended, the text of the existing provision will appear in this style type,
23	23	additions will appear in this style type, and deletions will appear in this style type.
24	24	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
25	25	provision adopted), the text of the new provision will appear in this style type. Also, the
26	26	word NEW will appear in that style type in the introductory clause of each SECTION that adds
27	27	a new provision to the Indiana Code or the Indiana Constitution.
28	28	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
29	29	between statutes enacted by the 2023 Regular Session of the General Assembly.
30	30	HOUSE BILL No. 1326
31	31	A BILL FOR AN ACT to amend the Indiana Code concerning labor
32	32	and safety.
33	33	Be it enacted by the General Assembly of the State of Indiana:
34	34	1 SECTION 1. IC 22-8-1.1-27.1, AS AMENDED BY P.L.84-2019,
35	35	2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36	36	3 JULY 1, 2024]: Sec. 27.1. (a) The commissioner may assess the
37	37	4 following a civil penalties: penalty of not less than the minimum
38	38	5 civil penalty and not more than the maximum civil penalty adopted
39	39	6 by the United States Occupational Safety and Health
40	40	7 Administration under the Federal Civil Penalties Inflation
41	41	8 Adjustment Act Improvements Act of 2015 (P.L. 114-74, 129 Stat.
42	42	9 599) for any employer who:
43	43	10 (1) Any employer who has received a safety order for violation of
44	44	11 any standard, rule, or order not of a serious nature; may be
45	45	12 assessed a civil penalty of up to seven thousand dollars ($7,000)
46	46	13 for each such violation.
47	47	14 (2) Any employer who has received a safety order for a serious
48	48	15 violation of any standard, rule, or order or this chapter; may be
49	49	16 assessed a civil penalty of up to seven thousand dollars ($7,000)
50	50	17 for each such violation.
51	51	2024 IN 1326—LS 6797/DI 141 2
52	52	1 (3) Any employer who fails to correct a violation for which a
53	53	2 safety order has been issued within the period permitted; may be
54	54	3 assessed a civil penalty of up to seven thousand dollars ($7,000)
55	55	4 for each day during which the failure or violation continues.
56	56	5 (4) Any employer who fails to comply with the posting
57	57	6 requirements in this chapter; may be assessed a civil penalty of up
58	58	7 to seven thousand dollars ($7,000) for each violation.
59	59	8 (5) Any employer who repeatedly violates any standard, rule, or
60	60	9 order or this chapter; may be assessed a civil penalty of up to
61	61	10 seventy thousand dollars ($70,000) for each violation.
62	62	11 (6) Any employer who knowingly violates any standard, rule, or
63	63	12 order or this chapter, where any such violation cannot reasonably
64	64	13 be determined to have contributed to an employee fatality; shall
65	65	14 be assessed a civil penalty of not less than five thousand dollars
66	66	15 ($5,000) for each violation and may be assessed a civil penalty of
67	67	16 up to seventy thousand dollars ($70,000) for each violation. and
68	68	17 (7) An employer who knowingly violates any standard, rule, or
69	69	18 order or this chapter, where any such violation can reasonably be
70	70	19 determined to have contributed to an employee fatality. shall be
71	71	20 assessed a civil penalty of not less than nine thousand four
72	72	21 hundred seventy-two dollars ($9,472) for each violation and may
73	73	22 be assessed a civil penalty of up to one hundred thirty-two
74	74	23 thousand five hundred ninety-eight dollars ($132,598) for each
75	75	24 violation.
76	76	25 (b) For purposes of this section, a serious violation exists in a place
77	77	26 of employment if there is a substantial probability that death or serious
78	78	27 physical harm could result from a condition which exists or from one
79	79	28 (1) or more practices, means, methods, operations, or processes which
80	80	29 have been adopted or are in use in the place of employment, unless the
81	81	30 employer did not know and could not, with the exercise of reasonable
82	82	31 diligence, have known of the presence of the violation.
83	83	2024 IN 1326—LS 6797/DI 141