(a) The commission may adopt emergency temporary standards under IC 4-22-2-37.1 . The emergency temporary standard shall be published in a newspaper of general circulation published in Marion County, Indiana, at least ten (10) days before the filing with the publisher of the Indiana Register. In the exercise of this power, the commission shall first expressly determine:

1. (1) that employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards; and
2. (2) that such emergency standard is necessary to protect employees from such danger.

(b) Temporary emergency standards shall be effective only until a permanent standard is adopted under IC 4-22-2 , or for six (6) months from the date of publication, whichever period is shorter. The publication of an emergency temporary standard shall begin a proceeding in accordance with section 15 of this chapter.

Formerly: Acts 1973, P.L.241, SEC.12. As amended by P.L.31-1985, SEC.47; P.L.1-1990, SEC.237; P.L.123-2006, SEC.34.