Section 615 IAC 1-2-11 - Petitions for modification of abatement dateAuthority: IC 4-21.5-3-35; IC 22-8-1.1-48.1
Affected: IC 4-21.5-3-21; IC 22-8-1.1
Sec. 11.
(a) This section applies to petitions for modification of abatement date provided for by 610 IAC 4-3-15.(b)(1) Within seven days of notice that the Commissioner has granted a petition for review, the employer shall post in a conspicuous place, and serve any authorized employee representative, the following notice (or a substantial equivalent): Name of Employer:
Your employer has filed a Petition for Modification of Abatement Date which was (granted/denied) by the Commissioner of Labor and which is now the subject of a proceeding before the Board of Safety Review based on a petition for review filed by (your employer/other petitioning person). Affected employees are entitled to participate in the proceeding as parties under terms and conditions established by the Board of Safety Review in its Rules of Procedure. Notice of intent to participate shall be by a petition for intervention which must meet the requirements of IC 4-21.5-3-21 and be sent to:
Board of Safety Review
Indiana Government Center-South
402 West Washington Street, Room W195
Indianapolis, Indiana 46204
All papers relevant to this matter may be inspected at:
(Place reasonably convenient to employees, preferably at or near workplace)
(2) The notice required by subsection (b)(1) need not be served upon an employee representative who filed a petition for review and need not be posted if all affected employees are represented by the employee representative who filed the petition for review.(c) If the commissioner denied the petition for modification of abatement date, he shall within fifteen days of granting the petition for review file a response setting forth the reasons for such denial.(d) If an employee or employee representative petitions for review of the Commissioner's action granting or denying a petition for modification of abatement date, he shall within fifteen days of the Commissioner's granting the petition for review file a response setting forth the reasons for his opposition to the Commissioner's action.(e) The Board shall schedule hearings on petitions for modification of abatement date in an expedited manner.(f) An employer petitioning for a modification of abatement period shall have the burden of proving that such employer has made a good faith effort to comply with the abatement requirements of the safety order and that abatement has not been completed because of factors beyond the employer's control.Board of Safety Review; 615 IAC 1-2-11; filed Nov 12, 1987, 9:30 am: 11 IR 1272; errata filed Sep 7, 2001, 10:20 a.m.: 25 IR 106; readopted filed Nov 13, 2001, 9:55 a.m.: 25 IR 1305; readopted filed Nov 7, 2007, 2:24 p.m.: 20071205-IR-615070596RFA; readopted filed November 26, 2013, 3:26 p.m.: 20131225-IR-615130405RFAReadopted filed 11/27/2019, 3:26 p.m.: 20191225-IR-615190505RFA