Bill Text: IN HB1097 | 2012 | Regular Session | Introduced
Bill Title: Injuries to or death of an employee.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Courts and Criminal Code [HB1097 Detail]
Download: Indiana-2012-HB1097-Introduced.html
Citations Affected: IC 22-8-1.1.
Synopsis: Injuries to or death of an employee. Provides that certain
employers or their agents that cause: (1) serious bodily injury to an
employee as a result of a reckless, knowing, or intentional violation of
certain administrative rules commit a Class A misdemeanor; (2) the
death of an employee as a result of a reckless violation of certain
administrative rules commit corporate manslaughter, a Class D felony;
and (3) the death of an employee as a result of a knowing or intentional
violation of certain administrative rules commit corporate
manslaughter, a Class C felony. Provides that an employer or agent of
the employer who destroys or negligently or intentionally allows the
destruction of a document concerning hazards to the public or the
employees of the employer commits a Class B misdemeanor.
Authorizes a private right of action for the failure to warn of certain
conditions under the state occupational safety and health act. Makes
conforming amendments.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Courts and Criminal Code.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
"Agent of the employer" means a:
(1) manager having management authority or enforcement powers with respect to a product, practice, or service;
(2) corporate officer; or
(3) member of the board of directors;
of the employer.
"Board" means the board of safety review created by this chapter.
"Commission" means the occupational safety standards commission created by this chapter.
"Commissioner" means the commissioner of labor or the commissioner's duly designated representative.
"Department" means the department of labor.
"Employee" means a person permitted to work by an employer in
employment.
"Employer" means any individual or type of organization, including
the state and all its political subdivisions, that has in its employ one (1)
or more individuals.
"INSafe" means the division of the department created by section 40
of this chapter.
"Political subdivision" has the meaning set forth in
IC 36-1-2-13.
"Safety order" refers to a notice issued to employers by the
commissioner of labor for alleged violations of this chapter, including
any health and safety standards.
"Serious bodily injury" has the meaning set forth in
IC 35-41-1-25.
"Standard" refers to both health and safety standards.
"Voluntary protection program" means a program offered by the
United States Department of Labor, Occupational Safety and Health
Administration to employers subject to this chapter that exempts the
employers from general scheduled inspections.
(1) reasonably safe and healthful for employees; and
(2) free from recognized hazards that are causing or are likely to cause death or serious
(1) comply with the occupational health and safety standards promulgated under this chapter; and
(2) pursuant to any directions in such standards, keep
(A) their protections and obligations under the chapter; and
(B) the hazards of the workplace and suitable precautions, relevant symptoms, and emergency treatment for such hazards.
(1) interfere with the use of any method or process adopted for the protection of any employee in
(2) fail to follow orders necessary to protect the life, health, and
safety of employees and any other person lawfully within the
place of employment.
(1) prescribe suitable protective equipment and control or technological procedures to be used in connection with the hazards; and
(2)
In addition where appropriate, any standard shall prescribe the type or frequency of medical examinations or other tests which shall be made available by the employer, at employer's cost, to employees exposed to hazards in order to most effectively determine whether the health of the employees is adversely affected by the exposure. Upon request, the results of examinations or tests shall be furnished to the department and shall remain confidential within the department. At the request of the employee, results shall be furnished to
(b) The commission, in promulgating standards dealing with toxic materials or harmful physical agents, shall set the standard which most adequately assures, to the extent feasible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if the employee has regular exposure to the hazard dealt with by the standard for the period of
(1) the latest available scientific data in the field;
(2) the feasibility of the standards; and
(3) experience gained under this and other health and safety laws.
Whenever practicable, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired.
(c) The commission, in promulgating standards, shall adopt rules requiring employers to maintain accurate records of employee
exposures to potentially toxic material or harmful physical agents
which are required to be monitored or measured under the standards.
These rules shall provide employees or their representatives with an
opportunity to observe monitoring or measuring and to have access to
the records thereof. These rules shall also make appropriate provisions
for each employee to have access to such records as will indicate his
the employee's own exposure to toxic materials or harmful physical
agents. Under these rules, each employer or an agent of each
employer shall notify any employee who is being consistently exposed
to toxic materials or harmful physical agents in concentrations or at
levels which exceed those prescribed by an occupational safety and
health standard and shall inform any employee who is being thus
exposed of the corrective action being taken.
(b) An employer or agent of the employer may not:
(1) destroy; or
(2) negligently or intentionally allow the destruction of;
documents concerning hazards to the public or the employees of the employer.
(c) The falsification or destruction of each document constitutes a separate offense.
(b) Whenever and as soon as an inspector concludes that conditions
or practices described in subsection (a) exist in any place of
employment, he the inspector shall inform the affected employers and
employees of the danger and that he the inspector is recommending to
the commissioner that relief be sought.
(c) If the commissioner arbitrarily or capriciously fails to seek relief
under this section, any employee who may be injured by reason of such
failure, or the representative of such employees, may bring an action
against the commissioner, in the circuit court of the county in which the
imminent danger is alleged to exist or the employer has its principal
office, for a writ of mandamus to compel the commissioner to seek
such an order and for such further relief as may be appropriate.
(b) An employee who is harmed by the failure of the employee's employer or an agent of the employer to inform the employee of the responsibilities of the employer or agent under section 3.1 of this chapter may file a civil action for relief.
(1) the state; or
(2) a political subdivision.
(b) A person who knowingly violates this chapter commits a Class B misdemeanor, except as otherwise provided.
(c) An employer or agent of the employer who:
(1) recklessly, knowingly, or intentionally violates a rule adopted under this chapter; and
(2) causes serious bodily injury to an employee;
commits a Class A misdemeanor.
(d) An employer or agent of the employer who:
(1) recklessly violates a rule adopted under this chapter; and
(2) causes the death of an employee;
commits corporate manslaughter, a Class D felony.
(e) An employer or agent of the employer who:
(1) knowingly or intentionally violates a rule adopted under this chapter; and
(2) causes the death of an employee;
commits corporate manslaughter, a Class C felony.
