The COVID Project
The record
- Jurisdiction
- Indiana
- Level
- State
- Authority
- Ind. Const. art. 4; Title 22 (Labor and Safety), Article 8 (Occupational Health and Safety), chapter 1.1 (Indiana Occupational Safety and Health Act); State plan approved under section 18 of the Occupational Safety and Health Act of 1970 (Feb. 24, 1974; final approval Sept. 26, 1986)
- Issued
- 2021-07-01 July 1, 2021
- Effective
- In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3 (read as 2020-03-01)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Mar. 1, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- employers (every 'individual or type of organization, including the state and all its political subdivisions, that has in its employ one (1) or more individuals')
- Character
- workplace duty
- Collection
- Standing duties: Indiana DUT-IN
Operative words
Each employer shall establish and maintain conditions of work which are reasonably safe and healthful for employees, and free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.... Every employer shall comply with the occupational health and safety standards promulgated under this chapter
Penalty
Ind. Code 22-8-1.1-27.1(a): civil penalties of up to $7,000 for each non-serious or serious violation and for each day a violation continues uncorrected; up to $70,000 for each repeated violation; not less than $5,000 and up to $70,000 for each knowing violation; not less than $9,472 and up to $132,598 for a knowing violation that contributed to an employee fatality. Subsection (b): a serious violation exists where 'there is a substantial probability that death or serious physical harm could result.'
What it required
Every employer with one or more employees (including the State and its political subdivisions) maintain workplace conditions 'reasonably safe and healthful' and 'free from recognized hazards'; comply with the adopted standards (29 C.F.R. Parts 1910 and 1926 as adopted by 620 IAC 1-1-1, Ex. DUT-IN-019; the PPE, sanitation, respiratory-protection and recordkeeping standards cited by IDOL for COVID-19, Ex. DUT-IN-014); and keep employees informed of 'the hazards of the work place and suitable precautions.'
Retrieval noteIndiana's general duty clause is broader than section 5(a)(1) of the federal Act: it requires conditions 'reasonably safe and healthful' as well as freedom from recognized hazards. The Governor's orders wrote the duty into the pandemic regime by name: 'All employers, whether manufacturers, distributors, professional offices, retailers or others, must comply with safety and health standards established and enforced by IOSHA. Employers are subject to specific standards to prevent the exposure or spread of a disease. Additionally, the General Duty Clause requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm' (Ex. IN-024 para. 4(b), May 1, 2020; the same sentence in Ex. IN-016, Apr. 6, 2020, and Ex. IN-061, Apr. 29, 2021). Federal OSHA's FY 2020 and FY 2021 FAME reports cite 'the general duty clause (Indiana Code 22-8-1.1-2)' as the provision IOSHA used in COVID-era citations (Exs. DUT-IN-011, DUT-IN-010). Section 27.2 (employee-misconduct affirmative defense) is also in the saved Article.