loader
Page is loading...

Indiana Raises Penalties To Over $132K For Knowing Violations Resulting In Death


On April 24, 2019, Indiana Governor Holcomb signed a bill raising the maximum fines for “Knowing” (aka “Willful”) safety violations resulting in death of an employee to $132,598. This represents nearly a 90% increase over the prior maximum of $70,000.

This increase is limited only to “Knowing” safety orders (or citations) which can “reasonably be determined to have contributed to an employee fatality.” This matches the current maximum penalty in effect for federal OSHA “Willful” citations.

Indiana left unchanged the maximum penalties for all other safety orders including “Other-than-Serious” ($7,000), “Serious” ($7,000) and “Knowing/Repeat” ($70,000), despite the fact that federal OSHA increased the maximum penalties of its citations nearly 80% in 2016 and also implemented inflationary increases every January 1 since then.

State plan states like Indiana are required to have health and safety standards “at least as effective” as federal OSHA but a number of state plans have not increased their maximum fines to match those of federal OSHA, as it requires legislative approval.

The Indiana bill was originally introduced after an employee was crushed to death by a machine which had safeguards removed by company employees in January 2018. According to the Bureau of Labor Statistics, Indiana’s workplace fatalities have increased 20% from 2015 (115 fatalities) to 2017 (138 fatalities).


LEAVE YOUR COMMENT

RELATED ARTICLES

DOL's Job Accommodation Network Offers New Online Workplace Disability Accommodation Resources

August 2, 2019 | Currents - Employment Law, Workplace Culture and Conduct

Court Overturns Suspension of Employee Refusing Work Due to Safety Concerns

July 9, 2019 | Labor Relations, Unions and Union Membership, National Labor Relations Board

Legal Documents Don’t Have to be in Legalese. Stick to Plain Language.

May 17, 2019 | Currents - Employment Law, Employment Lessons

ICE Raids on 7-Eleven Franchise Stores Result in 21 Arrests

January 12, 2018 | Employment Lessons, High Stakes Employment Issues, Currents - Employment Law

Don’t Mess With Texas…Roadhouse

October 13, 2014 | EEOC, Employment Discrimination, Currents - Employment Law

Subscribe

Do you want to receive more valuable insights directly in your inbox? Visit our subscription center and let us know what you're interested in learning more about.

View Subscription Center
RELATED TOPICS
safety
Employment
Indiana
Trending Connect
We use cookies on this site to enhance your user experience. By clicking any link on this page you are giving your consent for us to use cookies.