610 IAC 9-3-1 - Incorporation by reference

Authority: IC 22-1-1-8; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-1; IC 22-8-1.1-38.1

Sec. 1.

(a) The commissioner of labor hereby incorporates by reference Sections 1904.0 through 1904.46 of 29 CFR 1904 * (recording and reporting occupational injuries and illnesses) as it existed on January 1, 2006.

(b) When interpreting this rule, including all matters incorporated by reference, the following shall apply:

(1) "Occupational Safety and Health Act", "The Act", or "OSH Act" shall refer to the Indiana Occupational Safety and Health Act (IC 22-8-1.1), except as used in 1904.40(b)(1)(ii) and 1904.40(b)(1)(iii), where it shall be given its usual meaning.

(2) "Occupational Safety and Health Administration", "the Agency", or "OSHA" shall refer to the Indiana occupational safety and health division of the department, also known as IOSHA.

(3) "Section 11(c)" shall refer to IC 22-8-1.1-38.1.

(4) "Area office" shall refer to the office of the Indiana occupational safety and health division of the department, also known as IOSHA.

(5) "Secretary of Labor" shall be read to mean the commissioner.

(6) The following shall be substituted for the corresponding definitions in 29 CFR 1904.46:

(A) "The Act" means the Indiana Occupational Safety and Health Act (IC 22-8-1.1, et seq.). The definitions contained in Section 3 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652) and related interpretations apply to such terms when used in this Part 1904.

(B) "You" means an employer as defined in IC 22-8-1.1-1.

(7) 29 CFR 1904.39(a) shall be replaced to read "Within eight (8) hours after the death of any employee from a work-related incident or the inpatient hospitalization of three (3) or more employees as a result of a work-related incident, the employer must orally report the fatality or multiple hospitalization by telephone or in person to the Indiana occupational safety and health division of the department, also known as IOSHA. The employer shall contact IOSHA by calling 1-317-232-2693. The employer may also use the Federal OSHA toll-free central telephone number, 1-800-321 -OSHA ( 1-800-321-6742).".

(c) Where the provisions of this article conflict with matters incorporated by reference, the express provisions of this article shall control.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Labor, Indiana Government Center-South, First Floor, Indianapolis, Indiana 46204.

Notes

610 IAC 9-3-1

Department of Labor; 610 IAC 9-3-1; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA Readopted filed 11/21/2018, 12:10 p.m.: 20181219-IR-610180417RFA