Section 615 IAC 1-2-7 - Notification to employees and employee representatives of board proceedingsAuthority: 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. 7.
(a) Within seven days of notice that the Commissioner has granted a petition for review filed by an employer, the employer shall post, where the Safety Order is required to be posted, a copy of said petition for review and a notice informing affected employees of their right to party status and of the availability of all pleadings for inspection and copying at reasonable times. A notice in the following form shall be deemed to comply with this subsection: Name of Employer:
Your employer has been cited by the Commissioner of Labor for violation of the Indiana Occupational Safety and Health Act. A petition for review has been filed and it will be the subject of a proceeding before the Board of Safety Review. Affected employees are entitled to participate in this 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)
(b) Within seven days of notice that the commissioner has granted a petition for review filed by an employee or employee representative, the employee or employee representative shall serve such petition for review on the employer who shall immediately post it. Said employee or employee representative shall also serve any other employee representative with said petition and a notice such as that required by subsection (a). A copy of this notice shall also be given to the employer to be posted.(c) Where employees are represented by an authorized employee representative then the notices required by this section to be posted shall also be served on said employee representative either by personal service or by United States mail postage prepaid.(d) This section does not apply to cases initiated by a Petition for Modification of Abatement date.Board of Safety Review; 615 IAC 1-2-7; filed Nov 12, 1987, 9:30 am: 11 IR 1270; 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