Violations; safety order; service; limitation
Sec. 25.1. (a) If, as a result of the inspection, the commissioner or
his 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) 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.
(c) Notwithstanding IC 4-21.5-3-1, all safety orders and penalty
assessments shall be served personally on or sent by registered or
certified mail to the employer 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, unless another address is provided
to the commissioner or the commissioner's representative by the
employer during an inspection. 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) 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.
(Formerly: Acts 1973, P.L.241, SEC.23.) As amended by
P.L.34-1988, SEC.3; P.L.117-1994, SEC.2; P.L.220-1995, SEC.2.
Last modified: May 27, 2006