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
2020 Q22020 Q32020 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 noteExhibit 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.