610 Ind. Admin. Code 9-2-7

Current through October 31, 2024

Section 610 IAC 9-2-7 - Advance notice of inspections prohibited; exceptions; penalty

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

Affected: IC 22-8-1.1-24.2; IC 22-8-1.1-27.1

Sec. 7.

(a) Advance notice of an IOSHA inspection may not be given to any:

(1) employer or employee who is the target of the inspection;

(2) agent, officer, manager, or representative thereof; or

(3) person to whom it would be reasonable to expect that by informing said person the target employer might reasonably be expected to receive advance notice of the inspection.

(b) Notwithstanding the provisions of subsection (a), advance notice of inspection may be given if authorized by the commissioner and only where the commissioner reasonably believes that advance notice would serve to protect employees from an imminent danger. Notice given under this subsection may be given only to the extent that it is absolutely required to protect employees from imminent danger.

(c) Under IC 22-8-1.1-24.2, any person who gives advance notice of any inspection in violation of this section, commits a Class B misdemeanor, which is punishable by up to:

(1) one hundred eighty (180) days imprisonment; and

(2) a one thousand dollar ($1,000) fine.

610 IAC 9-2-7

Department of Labor; 610 IAC 9-2-7; 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 11/21/2018, 12:10 p.m.: 20181219-IR-610180417RFA