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Ex. DUT-IN-010 Standing duty Primary source read

FY 2021 Comprehensive Federal Annual Monitoring Evaluation (FAME) Report, Indiana Occupational Safety and Health Administration (evaluation period Oct. 1, 2020 to Sept. 30, 2021)

Federal OSHA's evaluation of IOSHA's FY 2021 enforcement, recording 3,157 COVID-heavy complaint investigations and inspections of COVID-19 related hazards under the general duty clause

U.S. Department of Labor, Occupational Safety and Health Administration, Region V (Chicago) · Indiana (State plan monitored by federal OSHA Region V) (Federal)

The COVID Project

The record

Jurisdiction
Indiana (State plan monitored by federal OSHA Region V) · Indiana
Level
Federal
Authority
Section 18 of the Occupational Safety and Health Act of 1970, 29 U.S.C. 667; 29 C.F.R. Part 1902 and 1954 (State plan monitoring)
Issued
2020-10-01 Oct. 1, 2020
Effective
Describes enforcement during 2020 Q4 through 2021 Q3 (read as 2020-10-01)
End
Not applicable (evaluation report) (read as 2021-09-30)
In force
Oct. 1, 2020 to Sept. 30, 2021
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (every Indiana employer subject to IOSHA)
Character
enforcement record
Collection
Standing duties: Indiana DUT-IN

Operative words

IOSHA completed 3,157 complaint investigations in FY 2021. While this number is quite a bit less than in FY 2020, many of these were COVID-related and the number of complaint investigations is significantly more than in FY 2018 and FY 2019 when there were 1,369 and 1,228 complaint investigations respectively.

Penalty

Enforcement record; penalties under Ind. Code 22-8-1.1-27.1 (Ex. DUT-IN-005)

What it required

Records that IOSHA investigated 3,157 complaints in FY 2021 ('many of these were COVID-related'), that compliance officers 'conducted a significant number of inspections which addressed COVID-19 related hazards' (at 9), that field work was suspended from Nov. 18, 2020 to Feb. 1, 2021 because of the pandemic, and that 'the general duty clause (Indiana Code 22-8-1.1-2)' was the provision cited in the reviewed files where no specific standard applied. Character as recorded: enforcement_record (federal monitoring report; workplace_duty layer).

Retrieval note

Exhibit ID 010 was first used for NA Main Street LLC v. Cook, No. 1:20-cv-01335-SEB-DML (S.D. Ind. Dec. 22, 2020), which on reading concerned the residency requirement for alcoholic-beverage permits and the dormant Commerce Clause, not health duties; that file was deleted and the ID reassigned to this report. The FY 2021 report records the second pandemic year; the FY 2020 report (Ex. DUT-IN-011) records the first.