Department of Labor Docket 25-159 Notice

in-20250326-IR-610250159RAA: 610 IAC 9-4-1

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Summary

Adds the general penalty policy to clarify when and how penalties will be enforced, including minimum penalty requirements and factors to consider when not to apply penalty adjustments. Adds how to determine gravity, severity, and probability of a violation to calculate the base penalty amount. Adds tables for calculating the penalties for Serious and Non-Serious violations. Adds how to calculate penalty reduction factors for an employer’s size, good faith, and history and apply them to the various classifications of violations. Adds how to calculate the penalty increases for Repeat classified violations from Serious or Non-Serious determinations and apply any applicable reduction for size only. Adds how to calculate penalty amounts for Knowing classified violations as Serious or Non-Serious determinations using penalty reduction factors and tables. Adds when to apply and how to calculate daily proposed penalty amounts for failure to correct previous Serious or Non-Serious violations. Adds when and how to apply reductions for size and partial abatement. Adds how to calculate penalties and apply reductions specifically for violations of regulatory requirements found in 29 CFR 1903 and 1904 for posting and record-keeping of health and safety information and for abatement verification. Adds how to calculate penalties specifically when an employer fails to provide access to medical and exposure records as required by 29 CFR 1910.1020. IX. Contact Information of Staff to Answer...

The agency’s own summary, as published.

The rule, in full

305 words as published, March 26, 2025. View the original →

TITLE 610 DEPARTMENT OF LABOR Regulatory Analysis LSA Document #25-159 I. Description of Rule II. Fiscal Impact Analysis III. Impacted Parties IV. Changes in Proposed Rule 610 IAC 9-4-1 Adds the general penalty policy to clarify when and how penalties will be enforced, including minimum penalty requirements and factors to consider when not to apply penalty adjustments. 610 IAC 9-4-2 Adds how to determine gravity, severity, and probability of a violation to calculate the base penalty amount. Adds tables for calculating the penalties for Serious and Non-Serious violations. 610 IAC 9-4-3 Adds how to calculate penalty reduction factors for an employer’s size, good faith, and history and apply them to the various classifications of violations. 610 IAC 9-4-4 Adds how to calculate the penalty increases for Repeat classified violations from Serious or Non-Serious determinations and apply any applicable reduction for size only. 610 IAC 9-4-5 Adds how to calculate penalty amounts for Knowing classified violations as Serious or Non-Serious determinations using penalty reduction factors and tables. 610 IAC 9-4-6 Adds when to apply and how to calculate daily proposed penalty amounts for failure to correct previous Serious or Non-Serious violations. Adds when and how to apply reductions for size and partial abatement. 610 IAC 9-4-7 Adds how to calculate penalties and apply reductions specifically for violations of regulatory requirements found in 29 CFR 1903 and 1904 for posting and record-keeping of health and safety information and for abatement verification. 610 IAC 9-4-8 Adds how to calculate penalties specifically when an employer fails to provide access to medical and exposure records as required by 29 CFR 1910.1020. V. Benefit Analysis VI. Cost Analysis VII. Sources of Information VIII. Regulatory Analysis IX. Contact Information of Staff to Answer Substantive Questions Notice of First Public Comment Period with Proposed Rule: 20250326-IR-610250159FNA Notice of Determination Received: February 25, 2025

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