{"id":"DUT-IN-005","kind":"duty","level":"state","jurisdiction":"Indiana","state":"IN","metro":"","industry":"","agency":"","eco":"","issuer":"Indiana General Assembly (Indiana Code 2021 edition)","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)","instrument":"Ind. Code Title 22, Article 8, chapter 1.1: sections 22-8-1.1-1 (\u0027employer\u0027 defined), 22-8-1.1-2 (employer\u0027s duty), 22-8-1.1-3.1 (compliance with standards), 22-8-1.1-27.1 (civil penalties)","title":"Indiana Occupational Safety and Health Act: the general duty of every employer and the penalties","dateIssued":"2021-07-01","effective":"In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3","end":"standing","startDate":"2020-03-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP"],"addressees":["employers (every \u0027individual or type of organization, including the state and all its political subdivisions, that has in its employ one (1) or more individuals\u0027)"],"clause":"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","enforcement":"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 \u0027there is a substantial probability that death or serious physical harm could result.\u0027","functions":[],"notes":"Every employer with one or more employees (including the State and its political subdivisions) maintain workplace conditions \u0027reasonably safe and healthful\u0027 and \u0027free from recognized hazards\u0027; 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 \u0027the hazards of the work place and suitable precautions.\u0027","sourceUrl":"https://iga.in.gov/ic/2021/Title_22/Article_8.pdf","snapshot":"","fileExists":true,"fileBytes":256737,"grade":"primary","character":"workplace_duty","description":"","collection":"DUT-IN","url":"/library/DUT-IN-005","exhibitUrl":"/exhibit/DUT-IN-005","citation":"Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 22, Article 8, chapter 1.1: sections 22-8-1.1-1 (\u0027employer\u0027 defined), 22-8-1.1-2 (employer\u0027s duty), 22-8-1.1-3.1 (compliance with standards), 22-8-1.1-27.1 (civil penalties) (standing) (Ex. DUT-IN-005)","stateName":"Indiana","related":["DUT-IN-019","DUT-IN-014","IN-024","IN-016","IN-061","DUT-IN-011","DUT-IN-010","DUT-IN-006","DUT-IN-012","DUT-IN-013","DUT-IN-020","DUT-IN-003"]}