Authority: IC 22-1-1; IC 22-8-1.1-27.1

Affected: IC 22-8-1.1

Sec. 7. (a) GBPs for regulatory violations, including posting requirements, may be reduced for size and history, excluding knowing violations.

(b) Penalties for violating posting requirements are proposed as follows:

1. (1) The GBP for an alleged nonserious violation of the IOSHA/OSHA notice posting requirement found in 29 CFR 1903.2(a) is one thousand dollars ($1,000).
2. (2) The GBP for an alleged nonserious violation of the safety order posting requirement found in 29 CFR 1903.16 is three thousand dollars ($3,000).

(c) Penalties for abatement verification regulation violations are proposed as follows:

1. (1) A penalty for failing to submit abatement certification documents under 29 CFR 1903.19(c)(1) is one thousand dollars ($1,000), reduced only for size.
2. (2) No good faith or history reduction shall be given to employers when proposing penalties for any 1903.19 violations. Only the reduction factor for size applies.
3. (3) A penalty for failure to submit abatement verification documents may not exceed the penalty for the entire original safety order.
4. (4) Penalties for not notifying employees and tagging movable equipment under 29 CFR 1903.19, specifically paragraphs (g)(1), (g)(2), (g)(4), (i)(1), (i)(2), (i)(3), (i)(5), and (i)(6), follow the same penalty structure as for failing to post a safety order, using a GBP of three thousand dollars ($3,000).

(d) Penalties for injury and illness records and reporting violations are proposed as follows:

1. (1) Violations of 29 CFR 1904 are always nonserious.
2. (2) Repeat and knowing penalty rules may be applied to record keeping violations.
3. (3) The egregious penalty rules may be applied to record keeping violations.
4. (4) The unadjusted penalty for a reporting violation is normally five thousand dollars ($5,000). If the director determines that it is appropriate to achieve the necessary deterrent effect, the unadjusted penalty may be seven thousand dollars ($7,000). Good faith penalty reductions are not allowed for failures to report.

(Department of Labor; 610 IAC 9-4-7; filed May 19, 2025, 10:19 a.m.: 20250618-IR-610250159FRA)