Indiana IOSHA Poster Mandatory

INTRODUCTION:	 	
The  intent  of  the  Indiana  Occupational  Safety  and  Health  Act  of 
1974,  Indiana  Code  22	-8-1.1,  is  to  assure,  so  far  as  possible,  safe 	
and healthful working conditions for the workers in the State.	 	
 
The  Indiana  Department  of  Labor  has  primary 	responsibility  for 	
administering  and  enforcing  the  Act  and  the  safety  and  health 
standards promulgated under its provisions.	 	
 
Requirements of the Act include the following:	 	
 
EMPLOYERS:	 	
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  likely  to  cause  death 
or  serious  physical  harm  to  employees.    The  Act  further  requires 
that  employers  comply  with  the  Occupational  Safety  and  Health 
Standards	, Rules	, and Regulations.	 	
 
EMPLOYEES:	 	
All  employees  shall  comply  with 	Occupational 	Safety  and 	Health 	
Standards  and  all  rules,  regulations,  and  orders  issued  under  the 
Act, which	 are applicable to their own actions and conduct.	 	
 
INSPECTION:	 	
The  Act  re	quires	 that  an  opportunity  be  provided  for  employees 	
and  their  representatives  to  bring  possible  safety  and	 health 	
violations  to  the  attention 	of  the 	Department	 of  Labor  inspector  in 	
order  to  aid  the  inspection.   	This  requirement  may  be  fulfilled  by 	
allowing  a  r	epresentative  of  the  employees  and  a  representative  of 	
the  employer  to  accompany  the  inspector  during  inspection.  
Where  there  is  no  employee  representative,  the  inspector  shall 
consult with a reasonable number of employees.	 	
 
COMPLAINT:	 	
Employees  have  the 	right  to  file  a  complaint  with  the  Department 	
of  Labor.    There  shall  be  an  inspection  where  reasonable  grounds 
exist for the Department of Labor to believe there may be a hazard	.  	
Unless  permission  is  given  by  the  employees  complaining  to 
release  their  nam	es,  they  will  be  withheld  from  the  employer.  	
Telephone Number (317) 232	-2693.	 	
 
The  Act  provides  that  no  employer  shall  discharge,  suspend	, or 	
otherwise  discriminate  in  terms  of  conditions  of  empl	oyment 	
against  any  employees  for	 their  failure  or  refusal  to	 engage  in 	
unsafe  practices  or  for  filing  a  complaint,  testifying	, or  otherwise 	
acting to exercise their rights under the Act.	 	
 
Employees who believe they have been discriminated against  may 
file  a  complaint  with  the  Department  of  Labor  within  30  days  of 
the  alleged  discrimination.    Please  note  that  extensions  of  the  30	-	
day  filing  requirement  may  be  granted  under  certain  special 
circumstances,  such  as 	where	 the	 employer  has  concealed  or 	
mis	led  the  employee  regarding  the  grounds  for  discharge.  	
However,  a  gr	ievance	-arbitration  proceeding	,  which  is  pending, 	
would  not  be  considered  justification  for  an  extension	 of  the  30	-	
day  filing  period.    The  Commissioner  of  Labor  shall  investigate 
said  complaint  and  upon  finding  discrimination  in  violation  of  the 
Act,  shall	 order  the  employer  to  provide  necessary  relief  to  the 	
employees.    This  relief  may  include  rehiring,  reinstatement  to  the 
job with back pay, and restoration of seniority.	 	
 
All  employees  are  also  afforded  protection  from  discrimination 
under  Federal  Occupat	ional  Safety  and  Health  Act  and  may  file  a 	
complaint  with  the  U.S.  Secretary  of  Labor  within  30  days  of  the 
alleged discrimination.	 	
 
VIOLATION NOTICE:	 	
When  an  alleged  violation  of  any  provision  of  the  Act  has 
occurred,  the  Department  of  Labor  shall  promptl	y  issue  a  written 	
order to the employer, who shall be required to post it prominently 
at  or  near  the  place where  the  alleged  violation  occurred  until  it  is 
made  safe  and  required  safeguards  are  provided  or  3  days, 
whichever is longer.	 	
 	
PROPOSED PENALTIES:	 	
The  Act  provides  for CIVIL  penalties  of not  more  than $7,000  for 
each  serious  violation  and  CIVIL  penalties  of  up  to  $7,000  for 
each  non	-serious  violation.    Any  employer  who  fails  to  correct  a 	
violation  within  the  prescribed  abatement  period  may  be  assess	ed 	
a  CIVIL  penalty  of  not  more  than  $7,000 for  each  day  beyond  the 
abatement  date  during  which  such  violation  continues.    Except  as 
otherwise  provided  below  involving  a  worker  fatality,  any 
employer  who  knowingly  or  repeatedly  violates  the  Act  may  be 
asses	sed  CIVIL  penalties  of  not  more  than  $70,000  for  each 	
violation and a penalty of not less than $5,000 shall be imposed for 
each  knowing  violation.    A  violation  of  posting  requirements  can 
bring a penalty of up to $7,000.	 	
 
Proposed Penalties in Conjunction 	with a Worker Fatality	 	
An employer who knowingly  violates the Act and where any  such 
violation  can  reasonably  be  determined  to  have  contributed  to  an 
employee fatality, shall be assessed a civil penalty of not less than 
$9,472 for each violation and may be	 assessed a civil penalty of up 	
to $132,598 for each violation.	 	
 
VOLUNTARY ACTIVITY:	 	
The  Act  encourages  efforts  by  labor  and  management,  before  the 
Department  of  Labor  inspections,  to  reduce  injuries  and  illnesses 
arising out of employment.	 	
 
The  Act  encour	ages  employers  and  employees  to  reduce 	
workplace  hazards  voluntarily  and  to  develop  and  improve  safety 
and health programs in all workplaces and industries.	 	
 
Such  cooperative  action  would  initially  focus  on  the  identification 
and elimination of hazards tha	t could cause death, injury, or illness 	
to employees and supervisors.	 	
 
The  Act  provides  a  consultation  service  to  assist  in  voluntary 
compliance  and  give  recommendations  for  the  abatement  of  cited 
violations.    This  service  is  available  upon  a  written  reque	st  from 	
the employer to INSafe.  Telephone Number (317) 232	-2688.	 	
 
COVERAGE:	 	
The  Act  does  not  cover  those  hired  for  domestic  service  in  or 
about  a  private  home  and  those  covered  by  a  federal  agency.  
Those  exempted  from  the  Act’s  coverage  include  employees	 in 	
maritime  services,  who  are  covered  by 	the 	U.S.  Department  of 	
Labor, and employees in atomic energy  activities who are covered 
by the Atomic Energy Commission.	 	
 
NOTE:	 	
Under  a  plan  approved  March  6,  1974, by  the  U.S.  Department  of 
Labor,  Occupational  Saf	ety  and  Health  Administration  (OSHA), 	
the  State  of  Indiana  is  providing  job  safety  and  health  protection 
for  workers 	throughout	 the  State.    OSHA  will  monitor  the 	
operation of this plan to assure that 	continued	 approval is merited.  	
Any  person  may  make  a  co	mplaint  regarding  the  State 	
administration 	of this 	plan	 directly 	to the  OSHA 	Regional	 Office	, 	
Regional  Administrator,  Region  V,  U.S.  Department  of  Labor, 
Occupational  Safety 	and  H	ealth  Administration,  230  South 	
Dearborn  Street,  Chicago, 	Illinois	 60604, 	Tel	ephone	 Number 	
(312) 353	-2220.	 	
 
 
MORE 	INFORMATION	: 	
 
INDIANA DEPARTMENT OF LABOR	 	
402 West Washington Street, Room W195	 	
Indianapolis, Indiana 46204	 	
Telephone:	 	(317) 232	-2655	 	
TT/Voice:	 	(800	) 743	-3333	 	
Fax:	 	(317) 233	-3790	 	
Internet:  	http://www.in.gov/labor	 	
 
 
 
 
 
 
 	
 
EMPLOYERS:  This poster must be displayed prominently in the workplace.