in-20260909-IR-610260309FNA: IOSHA INFORMAL REVIEW

TITLE 610 DEPARTMENT OF LABOR Notice of First Public Comment Period LSA Document #26-309 IOSHA INFORMAL REVIEW PURPOSE OF NOTICE The Department of Labor (DOL) is soliciting public comment on adding rules at 610 IAC 9-5 to provide requirements for the Indiana Occupational Safety and Health Administration (IOSHA) informal review process. ADDITIONAL DOCUMENTS Regulatory Analysis: 20260909-IR-610260309RAA Notice of Public Hearing: 20260909-IR-610260309PHA CITATIONS AFFECTED: 610 IAC 9-5 AUTHORITY: IC 22-8-1.1-28.4; IC 22-8-1.1-48.1 OVERVIEW Basic Purpose and Background This proposed rule brings DOL into statutory compliance with IC 22-8-1.1-28.4 by establishing the IOSHA informal review process in the Indiana Administrative Code. The statutory requirement has been in place since 1973 but rules for the informal review process have never been promulgated. However, the process of informal review has been conducted by IOSHA personnel for many years, and a procedure has been documented in the IOSHA Field Operations Manual, which served as a basis for this proposed rule. This rule will affect employers who receive any safety order, assessment of penalty, or notice of failure to correct violation from IOSHA and request an informal review, along with any of their employees. The implementation costs of the proposed rule are not expected to exceed the threshold set in IC 4-22-2-22.7(c)(6). For purposes of IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: For purposes of IC 4-22-2-28.1, the Small Business Ombudsman designated by IC 5-28-17-6 is: Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in IC 5-28-17-6, specifically IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator. REQUEST FOR PUBLIC COMMENT DOL is soliciting public comment on the proposed rule. Comments may be submitted in one of the following ways: COMMENT PERIOD DEADLINE All comments must be postmarked or time-stamped not later than October 9, 2026. The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Department of Labor, 402 West Washington Street, Room W195, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the Department of Labor office. If DOL does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice. PROPOSED RULE Sec. 1. (a) An employer, the employer's employee, or a representative of the employee may request a meeting with IOSHA representatives, called an informal review, to discuss any: issued to the employer under IC 22-8-1.1 to see if early resolution can be reached before filing a petition for review. (b) An employee or a representative of the employee may only request an informal review on the grounds that the time fixed for abatement of a violation cited is unreasonable. (c) An employer, the employer's employee, or a representative of the employee may only request an informal review any time within ten (10) working days after receipt by the employer of a safety order, an assessment of penalty, or a notice of failure to correct violation. Sec. 2. (a) If properly requested under section 1 of this rule, IOSHA must conduct an informal review within the fifteen (15) working day period in which the employer, employee, or representative of the employee has to file a petition for review under IC 22-8-1.1-28.1, IC 22-8-1.1-28.2, or IC 22-8-1.1-28.3(c). (b) The review, or any request for the review, does not operate as a stay or an extension of the fifteen (15) working day contest period. (c) IOSHA shall not conduct an informal review after a petition for review has been filed. Sec. 3. (a) An employer, the employer's employee, or a representative of the employee may submit a request for an informal review to IOSHA by phone call or in writing, via email, fax, letter, or note, using the following contact information: (b) Upon receipt by IOSHA, if a request for an informal review is not clear, the IOSHA assistant director or the assistant director's designee shall make an effort to contact the requestor for clarification. Sec. 4. (a) IOSHA may conduct informal reviews by any practical means, including the following: (b) The IOSHA assistant director or the assistant director's designee shall also do the following: Sec. 5. (a) If an employer requests an informal review, IOSHA shall afford an affected employee or representative of the employee the opportunity to participate. (b) If an employee or a representative of the employee requests an informal review, IOSHA shall afford the employer an opportunity to participate. (c) If an affected employee or representative chooses not to participate in the informal review, IOSHA shall make an attempt to contact that party to solicit their input before the informal review, and shall note attempts to contact the party in the inspection file. (d) If any party objects to the attendance of another party, or the assistant director or the assistant director's designee believes that a joint informal review would not be productive, IOSHA may hold separate informal reviews at the discretion of the assistant director or the assistant director's designee. (e) During the conduct of a joint informal review, IOSHA may permit separate or private discussions at the request of either party. (f) If an employer is going to bring an attorney to an informal review, the assistant director or the assistant director's designee may contact the department's legal counsel, and ask counsel to participate in the informal review. (g) If IOSHA and the employer reach a settlement, it is not necessary for the employee or representative of the employee to sign the informal settlement agreement. Sec. 6. (a) The assistant director or the assistant director's designee shall ask the employer, at the beginning of the informal review, whether the form in the safety order package indicating the date, time, and location of the informal review has been posted as required. (b) If the employer has not posted the form, the assistant director or the assistant director's designee may postpone the informal review until that action is taken. (c) The assistant director or the assistant director's designee, under the assistant director's discretion, may decide to move forward with the informal review, but postpone the signing of any agreement that may be reached until the form has been posted and employees have been given the opportunity to provide information or statements. (d) If for any reason no agreement is signed by both parties within the fifteen (15) working day period described in section 2 of this rule and a petition for review has not been timely filed, the safety order becomes final as issued. Sec. 7. IOSHA shall conduct the informal review in accordance with the following guidelines: Sec. 8. The informal review must result in one (1) of the following outcomes: Documents Incorporated by Reference: None Received by Publisher Small Business Regulatory Coordinator: J. Anthony Hardman, Indiana Department of Labor, 402 West Washington Street, Room W195, Indianapolis, IN 46204, (317) 232-2696, DOLlegal@dol.in.gov