Overview

• Initial Approval: March 6, 1974 (39 FR 8612)
• State Plan Certification: October 6, 1981 (46 FR 49119)
• 18(e) Final Approval: September 26, 1986 (51 FR 34215)

The Indiana Occupational Safety and Health Administration (IOSHA) is part of the Indiana Department of Labor. The main office is located in Indianapolis.

Coverage

The Indiana State Plan applies to all private sector workplaces in the state with the following exceptions:

1. Maritime employment, including shipyard employment, marine terminals, and longshoring;
2. Contract workers and contractor-operated facilities engaged in United States Postal Service mail operations;
3. The enforcement of the field sanitation standard (29 CFR 1928.110) and the enforcement of the temporary labor camps standard (29 CFR 1910.142) with respect to any agricultural establishment where workers are engaged in "agricultural employment" within the meaning of the Migrant and Seasonal Agricultural Worker Protection Act, 29 USC 1802(3) – regardless of the number of workers – including workers engaged in hand packing of produce into containers, whether done on the ground, on a moving machine, or in a temporary packing shed, except that Indiana retains enforcement responsibility over agricultural temporary labor camps for workers engaged in egg, poultry, or red meat production, or the post-harvest processing of agricultural or horticultural commodities;
4. Any hazard, industry, geographical area, operation, or facility over which the State Plan is unable to effectively exercise jurisdiction for reasons not related to the required performance or structure of the plan; and
5. All working conditions of aircraft cabin crewmembers onboard aircraft in operation.

The Indiana State Plan also applies to state and local government employers. It does not apply to federal government employers including the United States Postal Service. Federal OSHA covers the issues not covered by the Indiana Plan except for the enforcement of the field sanitation and temporary labor camp standards, as described above, which is the responsibility of the Wage-Hour Division of the U.S. Department of Labor. In addition, federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. IOSHA also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

A brief summary of the Indiana State Plan is included in the Code of Federal Regulations at 29 CFR 1952.17. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that federal OSHA resumes enforcement, those federal standards will be enforced. Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.

State Plan Standards

IOSHA adopts all OSHA standards and regulations except it has a unique excavations standard.

Enforcement Programs

The Industrial Compliance Division of IOSHA conducts safety and health inspections in all places of employment within the State of Indiana with the exception of those covered by IOSHA's Construction Safety Division. IOSHA conducts inspections in accordance with established priorities including reports of imminent dangers, fatalities and catastrophes, and complaints from workers or their representatives, and referrals from other agencies. IOSHA's Whistleblower Protection Unit enforces the whistleblower protection provision of the Indiana Occupational Safety and Health Act. In addition, IOSHA conducts unannounced inspections of private sector and state and local government general industry and construction employers in accordance with current enforcement program priorities. For more information, please visit the Indiana State Plan website.

Voluntary and Cooperative Programs

IOSHA offers voluntary and cooperative programs that focus on reducing injuries, illnesses, and fatalities. Indiana also offers on-site consultation services which help employers comply with IOSHA standards and identify and correct potential safety and health hazards. For more information on these programs, please visit the Indiana State Plan website.

Informal Conferences and Petitions for Review

IOSHA management personnel conduct informal conferences in an effort to resolve cases. Petitions for review of safety orders and proposed penalties may be filed with the Board of Safety Review, an independent board within the Indiana Department of Labor. For more information, please visit the Indiana State Plan website.