(a) As used in this section, "employer's representative" means:

1. (1) any employee of the employer with whom the commissioner or the commissioner's representative opens an inspection; or
2. (2) an individual who identifies themself as an authorized employer representative to the commissioner or the commissioner's representative.

(b) If, as a result of the inspection, the commissioner or the commissioner's designated representative determines there is a violation of this chapter, or any standard promulgated under it, the commissioner shall issue a safety order. Such safety order shall:

1. (1) be in writing;
2. (2) describe with particularity the nature of the violation with reference to the provision of this chapter, or the standard alleged to have been violated; and
3. (3) fix a reasonable time for the abatement of the violation.

(d) Notwithstanding IC 4-21.5-3-1 , all safety orders and penalty assessments shall be served on the employer:

1. (1) by personal service or registered or certified mail:

   1. (A) at the place where an alleged violation of this chapter or an alleged violation of a standard set by a rule adopted under this chapter exists;
   2. (B) at the employer's address registered with the secretary of state;
   3. (C) at the address of the employer's registered agent; or

   4. (D) at an address provided to the commissioner's representative:

      1. (i) by the employer or the employer's representative;
      2. (ii) during an inspection; and
      3. (iii) on a form supplied by the commissioner's representative; or

2. (2) to an electronic mail address provided to the commissioner's representative:

   1. (A) by the employer or the employer's representative;
   2. (B) during an inspection; and

   3. (C) on a form supplied by the commissioner's representative.

      A safety order or penalty assessment served by electronic mail under subdivision (2) shall be transmitted with a read receipt or another form of electronic confirmation to ensure that the recipient has received the electronic mail. If the commissioner or commissioner's representative does not receive a receipt or electronic confirmation within five (5) days of transmission, the commissioner or commissioner's representative shall, as soon as practicable, mail a physical copy of the order or assessment by registered or certified mail. The commissioner or the commissioner's representative shall give notice of safety orders and penalty assessments under IC 4-21.5-3-6 . No safety order may be issued after the expiration of six (6) months following the occurrence of any violation.

(e) The commissioner may prescribe procedures for the issuance of a notice of de minimis violations, in lieu of a safety order, which have no direct or immediate relationship to safety or health.

Formerly: Acts 1973, P.L.241, SEC.23. As amended by P.L.34-1988, SEC.3; P.L.117-1994, SEC.2; P.L.220-1995, SEC.2; P.L.63-2024, SEC.1.