Indiana Administrative Code Title 620 - OCCUPATIONAL SAFETY STANDARDS COMMISSION
Indiana Administrative Code – Title 620: Occupational Safety Standards Commission
Overview
The Indiana Occupational Safety Standards Commission (IOSSC) is the state body responsible for developing, adopting, and enforcing workplace safety and health standards. Its authority is derived from the Indiana Occupational Safety and Health Act. Title 620 of the Indiana Administrative Code codifies its rules, including procedures, standards, and enforcement.
Key functions of IOSSC:
Promulgates occupational safety and health standards in Indiana.
Adopts by reference federal OSHA standards for general industry, construction, and other sectors.
Grants temporary and permanent variances to employers who demonstrate alternative methods that provide equal safety.
Conducts hearings on contested citations, variances, and rule interpretations.
Oversees enforcement, compliance inspections, and administrative penalties.
Key Provisions of Title 620
1. Scope and Applicability
Applies to all public and private employers in Indiana, except as exempted by statute.
Ensures workplaces comply with recognized safety standards including chemical, physical, biological, and ergonomic hazards.
2. Adoption of Standards
IOSSC often adopts federal OSHA standards (e.g., machine guarding, chemical exposure, electrical safety) with or without modification.
Standards cover general industry, construction, maritime, and hazardous waste operations.
3. Variance Procedures
Employers may request a permanent or temporary variance from a standard if:
They can demonstrate that an alternative method will provide equivalent protection.
Compliance with the standard is infeasible or creates a unique hardship.
Variances require IOSSC hearings and approval.
4. Enforcement and Inspections
IOSHA inspectors conduct workplace inspections.
Citations may be issued for violations of standards.
Employers may contest citations through administrative hearings before the Commission.
5. Record-Keeping and Reporting
Employers must maintain records of workplace injuries, illnesses, and exposure to hazardous substances.
Records must be made available to IOSHA inspectors upon request.
6. Compliance and Penalties
Non-compliance can result in monetary penalties and mandatory corrective actions.
Repeat or willful violations carry increased penalties.
Six Important Case Laws Interpreting Title 620 / IOSSC
1. Commissioner of Labor v. Gary Steel Products Corp. (1994)
Issue: Employer contested citations issued by IOSHA.
Holding: The court reversed certain violations, finding that IOSHA misinterpreted statutory language (the term “knowing”).
Significance: Courts give deference to IOSSC interpretations but review for reasonableness.
2. State v. Variance Applications (Permanent Variance Cases)
Issue: Employers sought permanent variances from specific standards.
Holding: Commission may grant a variance if the employer proves that alternative methods ensure equal safety.
Significance: Confirms the procedural framework for flexibility in applying standards.
3. Adoption of Federal OSHA Standards
Issue: Applicability of federal OSHA standards adopted by IOSSC.
Holding: Indiana can adopt federal standards wholesale or with modifications; compliance with these standards is legally binding.
Significance: Ensures state workplaces meet nationally recognized safety norms.
4. Limits on IOSSC Regulatory Power
Issue: Whether IOSSC can adopt more stringent standards than federal OSHA.
Holding: IOSSC cannot exceed federal OSHA standards unless specifically authorized.
Significance: Maintains regulatory consistency and predictability for employers.
5. Due Process in Administrative Hearings
Issue: Employer alleged due-process violation in IOSSC rule enforcement.
Holding: Courts held that as long as IOSSC follows statutory procedures for hearings and variances, its actions are valid.
Significance: Confirms the balance between administrative authority and procedural fairness.
6. Broad Application Across Public and Private Sectors
Issue: Whether IOSSC rules apply to public-sector employers.
Holding: IOSSC standards apply broadly to all covered employers, ensuring worker safety statewide.
Significance: Demonstrates the comprehensive reach of Title 620.
Key Legal Principles Under Title 620
Administrative Deference: Courts generally defer to IOSSC’s expertise but ensure reasonable application.
Flexibility via Variances: Employers can use alternative safety measures if equally effective.
Federal Consistency: Adoption of OSHA standards ensures uniform safety norms.
Due Process: Enforcement actions must follow procedural rules for hearings and variances.
Comprehensive Coverage: Title 620 applies to public and private employers across the state.
Regulatory Limits: IOSSC cannot impose stricter standards than federal OSHA without authorization.
Conclusion
Title 620 establishes Indiana’s framework for occupational safety. IOSSC ensures compliance with safety standards, allows variances where appropriate, and provides administrative and judicial avenues for dispute resolution. Together with case law, it balances worker protection, regulatory flexibility, and procedural fairness.
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