Authority: IC 22-1-1-2; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-41

Sec. 10. (a) The actions of a consultant from the bureau are completely separate, distinct, and apart from the department's IOSHA enforcement activities.

(b) A consultation does not provide immunity from an IOSHA inspection resulting from any of the following:

1. (1) A complaint.
2. (2) An alleged safety violation in plain view of an IOSHA inspector.
3. (3) A fatality at the worksite or a catastrophe arising at or from the worksite.

(c) An employer who has requested an on-site consultation and has been placed on a waiting list remains subject to inspection resulting from any of the following:

1. (1) A complaint.
2. (2) An alleged safety violation in plain view of an IOSHA inspector.
3. (3) A fatality at the worksite or a catastrophe arising at or from the worksite.

(d) An employer who is receiving consulting services from the bureau will not be subject to an IOSHA enforcement action for those matters addressed by the consultant during:

1. (1) the pendency of the consultation; or
2. (2) any period of abatement resulting from a consultation made consistent with sections 7 and 8 of this rule.

(e) A consultant shall not make a referral of any safety issue observed during a consultation for IOSHA enforcement unless the provisions contained in sections 7 through 9 of this rule have been pursued and failed. Referral for IOSHA enforcement shall be made only:

1. (1) as a last resort; or
2. (2) to force the correction of an imminent danger after the employer has refused abatement consistent with the provisions of this article.

(f) As used in this section, "catastrophe" means the hospitalization of three (3) or more employees resulting from:

1. (1) a work-related incident or exposure; or
2. (2) an accident or an illness caused by a workplace hazard.

(Department of Labor; 610 IAC 8-3-10; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)