Ind. Admin. Code tit. 610, r. 9-4-5
Authority: IC 22-1-1; IC 22-8-1.1-27.1
Affected: IC 22-8-1.1
Sec. 5. (a) Knowing violations are classified as serious or nonserious. There may be no reduction for good faith, and the total penalty, after reductions, may not be less than the statutory minimum.
(b) The reduction factors for size for serious knowing violations are applied as shown in the following table. This chart helps lessen the impact of large penalties for small employers with not more than fifty (50) employees. For violations that are not serious knowing, Table 4-4 in section 3 of this rule is used: Table 4-5: Serious Knowing Penalty Reductions
| Employees | Percent Reduction |
|---|---|
| 10 or fewer | 80% |
| 11 - 20 | 60% |
| 21 - 30 | 50% |
| 31 - 40 | 40% |
| 41 - 50 | 30% |
| 51 - 100 | 20% |
| 101 - 250 | 10% |
| 251 or more | 0% |
(c) The reduction factor for history is applied, and the proposed penalty determined, from the following table: Table 4-6: Penalties to be Proposed for Serious Knowing Violations
| Total Percent Reduction for Size and/or History | Related to Fatality | Not Related to Fatality | ||
|---|---|---|---|---|
| High Gravity | Moderate Gravity | Low Gravity | ||
| 0% | $132,598 | $70,000 | $55,000 | $40,000 |
| 10% | $119,338 | $63,000 | $49,500 | $36,000 |
| 20% | $106,078 | $56,000 | $44,000 | $32,000 |
| 30% | $92,819 | $49,000 | $38,500 | $28,000 |
| 40% | $79,559 | $42,000 | $33,000 | $24,000 |
| 60% | $53,039 | $28,000 | $22,000 | $16,000 |
| 70% | $39,779 | $21,000 | $16,500 | $12,000 |
| 80% | $26,520 | $14,000 | $11,000 | $8,000 |
| 90% | $13,260 | $7,000 | $5,500 | $5,000 |
(d) For regulatory violations determined to be knowing, the GBP penalty is multiplied by ten (10).
(Department of Labor; 610 IAC 9-4-5; filed May 19, 2025, 10:19 a.m.: 20250618-IR-610250159FRA)