1. (a) An employer may establish an affirmative defense for a violation of any standard, rule, or order that is the result of employee misconduct.
2. (b) The employer has the burden of proving the affirmative defense in compliance with federal and state law.
3. (c) If an employer successfully establishes an affirmative defense under this section, the commissioner may not assess any penalty or fine against the employer for the violation.

As added by P.L.224-1995, SEC.1.