Restriction on assessment of penalty
Sec. 51. (a) This section does not affect the ability or duty of the
commissioner or the commissioner's designee to conduct
investigations in the following circumstances:
(1) An employee requests an inspection under section 24.1 of
this chapter.
(2) The commissioner receives a report of a death under section
43.1 of this chapter.
(3) The commissioner receives a report of a disaster under
section 43.1 of this chapter.
(b) If the:
(1) bureau conducts an onsite consultation for an employer; and
(2) employer complied in good faith with an act of the
abatement of the particular alleged violation recommended by
the bureau;
the commissioner may not assess a penalty against the employer
under section 25.1 of this chapter for an alleged violation of a
condition or practice that the bureau specifically examined.
(c) Subsection (b) only applies on a first inspection by the
commissioner following an onsite consultation with the bureau. This
section does not relieve an employer of any obligation to stay in
compliance with any safety or health standard or law which changes
following an onsite consultation with the bureau.
As added by P.L.220-1995, SEC.3.
Last modified: May 27, 2006