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  3. DUT-IN-011

Ex. DUT-IN-011 Standing duty Primary source read

FY 2020 Follow-up Federal Annual Monitoring Evaluation (FAME) Report, Indiana Occupational Safety and Health Administration (evaluation period Oct. 1, 2019 to Sept. 30, 2020)

Federal OSHA's evaluation of IOSHA's FY 2020 enforcement, recording over 6,200 complaints (5,098 in the second half of the year), automated employer letters for COVID-19 complaints and the March 23 to July 10, 2020 pause of onsite inspections

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
Issued
2019-10-01 Oct. 1, 2019
Effective
Describes enforcement during 2020 Q2 and 2020 Q3 (read as 2019-10-01)
End
Not applicable (evaluation report) (read as 2020-09-30)
In force
Oct. 1, 2019 to Sept. 30, 2020
Quarters
2020 Q22020 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 received and processed significantly more complaints in the second half of FY 2020 than they have ever received for any similar time period. They received over 6,200 complaints during the fiscal year and 5,098 of these were received in the second half of the year.... Indiana's Commissioner of Labor at the time directed staff to pause onsite inspections from March 23 to July 10.

Penalty

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

What it required

Records that Indiana employers were the subject of more than 6,200 valid COVID-era complaints in FY 2020 (plus 3,900 invalid), that IOSHA automated 'letters to employers for the COVID-19 complaints submitted online' and cut the time to initiate complaint investigations to 3.31 days, that onsite inspections were paused March 23 to July 10, 2020 while 'many Indiana businesses were closed or operated at limited capacity,' and that the general duty clause (Ind. Code 22-8-1.1-2) was the citation vehicle reviewed. Character as recorded: enforcement_record (federal monitoring report; workplace_duty layer).

Retrieval note

At 2: 'To help reduce the spread of the virus, Indiana's Commissioner of Labor at the time directed staff to pause onsite inspections from March 23 to July 10. Construction staff was permitted to conduct onsite inspections in response to imminent danger and complaints related to emphasis hazards as long as they were able to avoid indoor environments and follow the Center for Disease Control guidelines at the time. At this same time, many Indiana businesses were closed or operated at limited capacity.' The report's Appendix E is IOSHA's own FY 2020 State OSHA Annual Report.