April 14, 2023
While every state has some health and safety laws, including the federal Occupational Safety and Health Act (OSHA), many states with a more diverse array of business industries have more complex health and safety laws in order to meet the requirements of the state. Here is what employers need to know regarding Indiana OSHA and health and safety laws.
When it comes to operating a business in Indiana, employers need to ensure that they manage compliance with Indiana OSHA laws, otherwise referred to as IOSHA, as well as Indiana’s Smoke Free-Air Law.
Indiana is one of many states with a state-run, OSHA-approved, job safety and health program. As a result employers in the state of Indiana must manage compliance with Indiana OSHA (IOSHA) as well as federal OSHA where IOSHA does not apply.
IOSHA consists of two divisions that are in charge of ensuring compliance with IOSHA standards. These include the Industrial Compliance Division and the Construction Safety Division. IOSHA standards are generally the same as federal OSHA, with a few local emphasis programs, or in other words unique areas of OSHA compliance for Indiana.
The Industrial Compliance Division is in charge of administering compliance for public and private sector safety and health for the following industries:
The Industrial Compliance Division focuses on monitoring employee exposure to occupational safety and health hazards. There are two types of safety officers in this division of IOSHA.
Safety Compliance Officers inspect businesses for workplace hazards related to physical, chemical, and biological harm. They also look for hazards relating to electricity, falls, fires, material handling, and the use / storage of welding materials.
The other type of officer is referred to as an Industrial Hygiene (IH) Compliance Officer. These officers also investigate for hazards relating to electricity, falls, fires, material handling, and use / storage of welding materials, but also look for hazards related to chemical and noise exposures, as well as hygiene such as bacteria, viruses, fungi, and other living organisms which may cause adverse health effects.
The Construction Safety Division is in charge of ensuring compliance with health and safety requirements for the construction industry in Indiana.
This division focuses on identifying all kinds of hazards for the construction industry in Indiana specifically while placing a particular focus on physical hazards.
The Indiana State plan covers all private sector employees / workplaces in the state with the following exceptions:
Indiana OSHA also covers state and local government employers, however, does not cover federal government employers, such as USPS. A brief summary of the Indiana State Plan is included in the Code of Federal Regulations at 29 CFR 1952.17.
While Indiana OSHA has a state-run OSHA program, ISOHA standards generally follow that of federal OSHA law. However, States implement state-run plans in order to enforce what are referred to as Local Emphasis Programs, to address the unique safety requirements of the state.
Indiana OSHA Local Emphasis Programs include the following:
Indiana OSHA also has protections for employees regarding whistleblowing. Specifically, Indiana Whistleblower protection states that employees who have engaged in a protected activity may not be discriminated against.
Discrimination or adverse action by an employer includes:
Indiana employees can file a whistleblower complaint online, by calling (317) 234-3946 or by emailing email@example.com.
As part of the effort toward creating a safe and healthy work environment for employees throughout Indiana, IOSHA has created a set of Worker Safety Initiatives to help keep employees in the state, safe.
Indiana’s Worker Safety Initiatives include:
Businesses in Indiana must comply with IOSHA recordkeeping and reporting requirements.
All businesses in Indiana, regardless of size or industry, must:
Employers can report an incident by phone at (317) 232-2693, or by calling the 24-hour OSHA hotline at 1-800-321-6742.
Indiana businesses, in addition to the requirements of IOSHA, must also manage compliance with the Indiana State Smoke-Free Air Law.
In order to protect Indiana residents and employees and limit the effects of secondhand smoke, nearly all public places in the state are smoke-free.
In Indiana, smoking is prohibited in the following places of business:
In Indiana, smoking is still permitted in the following places of business:
Businesses that are struggling with Indiana Health and Safety laws can view the IOSHA FAQ for help but may want to consider reaching out to an Indiana Payroll and HR Company for help.
For help with Indiana Health and Safety or other Indiana Labor Laws, contact a provider today, or let us help you get connected with a provider.