CHAPTER 1. POWERS AND DUTIES OF THE DEPARTMENT
IC 22
TITLE 22. LABOR AND SAFETY
IC 22-1
ARTICLE 1. DEPARTMENT OF LABOR
IC 22-1-1
Chapter 1. Powers and Duties of the Department
IC 22-1-1-1
Creation
Sec. 1. There is created a department of labor, which shall beadministered by a commissioner of labor.
(Formerly: Acts 1945, c.334, s.1.) As amended by P.L.37-1985,SEC.16.
IC 22-1-1-2
Commissioner of labor; term of office; bonds; oath
Sec. 2. (a) The commissioner of labor shall be appointed by thegovernor for a term not to exceed four (4) years and shall serve at thewill of the governor and until his successor shall have beenappointed and shall have qualified. Any vacancy in the office ofcommissioner of labor shall be filled by appointment by the governorfor the unexpired term.
(b) The commissioner of labor shall be the administrative andexecutive officer of the department of labor, shall supervise anddirect the work of the department, shall have immediate charge of theadministration and enforcement of all the laws and rules that thedepartment is required by law to enforce and administer, shall havegeneral charge of all inspections and investigations, and shallperform such other duties as may be prescribed in this chapter.
(c) The commissioner shall adopt and use an official seal for theauthentication of the orders and records of the department.
(d) Before entering upon the discharge of his official duties, thecommissioner shall:
(1) execute a bond, payable to the state in such amount and withsuch sureties as shall be approved by the governor, conditionedfor the faithful discharge of his official duties; and
(2) take and subscribe an oath, which shall be endorsed uponhis official bond;
and the bond and oath when so executed shall be filed in the officeof the secretary of state.
(e) The commissioner is authorized and directed to classify andfix the minimum standards for the personnel of the department andto formulate salary schedules with the approval of the governor forthe services so classified.
(Formerly: Acts 1945, c.334, s.2.) As amended by P.L.37-1985,SEC.17.
IC 22-1-1-2.5
Commissioner of labor; restoration to position or employment
Sec. 2.5. (a) Any individual appointed commissioner of laborwho:
(1) in order to perform the duties of office has left or leaves aposition or employment, other than a temporary position oremployment, in the employ of any employer;
(2) is still qualified to perform the duties of employment; and
(3) makes application for reemployment within ten (10) daysafter the expiration of the term of office or after removal fromoffice;
shall be restored by the employer to the position or employment atnot less than the same pay or to a similar position or employment andpay unless the employer's circumstances have so changed as to makeit impossible or unreasonable to do so. When the commissioner isrestored to employment, it shall be done without discrimination, norshall the commissioner be caused to suffer inconvenience or anyother adverse action by the employer, as a result of any action takenwhile serving as commissioner.
(b) Any individual who is restored to a position or employmentunder this chapter shall be considered as having been on leave ofabsence during the period of service as commissioner of labor and isentitled to participate in insurance or other benefits offered by theemployer pursuant to established rules and practices relating toemployees on leave of absence in effect with the employer.
(c) Any individual who is a member of a labor organization whois appointed commissioner of labor shall be considered for allpurposes as being on leave of absence during the period of service ascommissioner of labor.
(d) In case any employer or labor organization fails or refuses tocomply with this chapter, the judge of the circuit court of the circuitin which the employer maintains a place of business shall havepower, upon the filing of an appropriate pleading by the individualentitled to the benefits of this chapter, to specifically require theemployer or labor organization to comply with this chapter, and, asan incident thereto to compensate the individual for any loss ofwages or benefits suffered by reason of the employer's or labororganization's unlawful action.
As added by P.L.37-1985, SEC.18.
IC 22-1-1-3
Department of labor; office space; traveling expenses
Sec. 3. (a) The department of labor shall be provided withadequate offices in the state capitol building or in some other suitablebuilding in Indianapolis, in which its records shall be kept and itsofficial business shall be transacted.
(b) The commissioner of labor and the several employees of thedepartment shall be entitled to receive from the state their necessaryand actual expenses while traveling on the business of thedepartment, as provided in the state travel policies and procedures
established by the department of administration and approved by thestate budget agency.
(c) All salaries and expenses of the department shall be auditedand paid out of appropriations made to the department of labor forthat purpose in the manner prescribed by law for the payment of theexpenses of other departments of the state government.
(Formerly: Acts 1945, c.334, s.3.) As amended by P.L.37-1985,SEC.19.
IC 22-1-1-4
Department of labor; bureaus
Sec. 4. The following bureaus are created within the departmentof labor:
(1) The bureau of mines and mine safety.
(2) The bureau of child labor.
(Formerly: Acts 1945, c.334, s.4; Acts 1975, P.L.235, SEC.2.) Asamended by P.L.37-1985, SEC.20.
IC 22-1-1-5
Bureaus; powers and duties
Sec. 5. (a) The bureau of mines and mining safety shall do thefollowing:
(1) have immediate charge of the administration of theunderground mine laws of this state;
(2) provide safety consultation services to any undergroundmine operator at the request of the operator;
(3) provide mine safety and health education information to allunderground mine operators; and
(4) investigate all fatalities occurring in underground mineoperations for the purpose of data collection; however, aninvestigation shall not interfere with investigations by thefederal Mine Safety and Health Administration.
(b) The bureau of child labor shall have immediate charge of thesupervision of children who are gainfully employed, includingemployment certificate violations under IC 20-33-3-38.5,IC 20-33-3-39, and IC 20-33-3-40. A child employee under thejurisdiction of the bureau of child labor may file a complaint with thebureau of child labor if the employer of the child employee requiresnoncompliance by the child employee with the provisions ofIC 20-33-3-38.5.
(Formerly: Acts 1945, c.334, s.5; Acts 1975, P.L.235, SEC.3.) Asamended by P.L.37-1985, SEC.21; P.L.215-1989, SEC.1;P.L.182-2006, SEC.10; P.L.35-2007, SEC.1.
IC 22-1-1-6
Bureaus; directors; appointment
Sec. 6. Each bureau is under the immediate charge of a directorwho is under the immediate charge of the commissioner. A directorfor each bureau shall be appointed by the commissioner of labor withthe approval of the governor.(Formerly: Acts 1945, c.334, s.6.) As amended by P.L.215-1989,SEC.2.
IC 22-1-1-7
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-1-1-8
Commissioner of labor; general powers and duties
Sec. 8. The commissioner of labor may do the following:
(1) Make or cause to be made all necessary inspections to seethat all of the laws and rules enacted or adopted for that purposeand that the department is required to enforce are promptly andeffectively administered and executed.
(2) Collect, collate, and publish statistical and other informationrelating to working conditions in this state and to theenforcement of this chapter and such rules as may be necessaryto the advancement of the purposes of this chapter, but nopublicity of any information involving the name or identity ofany employer, employee, or other person, firm, limited liabilitycompany, or corporation shall be given. It shall be unlawful forthe commissioner or any person to divulge, or to make knownin any way not provided by law, to any person the operation,style of work, or apparatus of any employer, or the amount orsources of income, profits, losses, expenditures, or any partthereof obtained by him in the discharge of his official duties.
(3) Except as otherwise provided by law, employ, promote, andremove clerks, inspectors, and other employees as needed or asthe service of the department of labor may require, and with theapproval of the governor, within the appropriation therefor, fixtheir compensation and to assign to them their duties.Employees of the department are covered by IC 4-15-2.
(4) Promote the voluntary arbitration, mediation, andconciliation of disputes between employers and employees, forthe purpose of avoiding strikes, lockouts, boycotts, blacklists,discrimination, and legal proceedings in matters of employment.The commissioner may appoint temporary boards of arbitration,provide for the payment of the necessary expenses of theboards, order reasonable compensation paid to each memberengaged in arbitration, prescribe and adopt rules of procedurefor arbitration boards, conduct investigations and hearings,publish reports and advertisements, and do all other thingsconvenient and necessary to accomplish the purpose of thischapter. The commissioner may designate an employee of thedepartment to act as chief mediator and may detail otheremployees, from time to time, to act as his assistants for thepurpose of executing this chapter. Any employee of thedepartment who may act on a temporary board shall servewithout extra compensation.
(Formerly: Acts 1945, c.334, s.8.) As amended by P.L.37-1985,
SEC.22; P.L.8-1993, SEC.269.
IC 22-1-1-9
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-1-1-10
Safe place to work
Sec. 10. Every employer and place of employment under thejurisdiction of the department of labor created by this chapter shall:
(1) furnish employment that is safe for the employees therein;
(2) furnish and use safety devices, safeguards, methods, andprocesses reasonably adequate to render employment and placeof employment safe; and
(3) do every other thing reasonably necessary to protect thesafety of the employee.
(Formerly: Acts 1945, c.334, s.10.) As amended by P.L.37-1985,SEC.23.
IC 22-1-1-11
Commissioner of labor; powers and duties
Sec. 11. The commissioner of labor is authorized and directed todo the following:
(1) To investigate and adopt rules under IC 4-22-2 prescribingwhat safety devices, safeguards, or other means of protectionshall be adopted for the prevention of accidents in everyemployment or place of employment, to determine whatsuitable devices, safeguards, or other means of protection forthe prevention of industrial accidents or occupational diseasesshall be adopted or followed in any or all employments orplaces of employment, and to adopt rules under IC 4-22-2applicable to either employers or employees, or both for theprevention of accidents and the prevention of industrial oroccupational diseases.
(2) Whenever, in the judgment of the commissioner of labor,any place of employment is not being maintained in a sanitarymanner or is being maintained in a manner detrimental to thehealth of the employees therein, to obtain any necessarytechnical or expert advice and assistance from the statedepartment of health. The state department of health, upon therequest of the commissioner of labor, shall furnish technical orexpert advice and assistance to the commissioner and take thesteps authorized or required by the health laws of the state.
(3) Annually forward the report received from the mining boardunder IC 22-10-1.5-5(a)(5) to the legislative council in anelectronic format under IC 5-14-6 and request from the generalassembly funding for necessary additional mine inspectors.
(4) Administer the mine safety fund established underIC 22-10-12-16.
(Formerly: Acts 1945, c.334, s.11.) As amended by P.L.37-1985,
SEC.24; P.L.2-1992, SEC.738; P.L.187-2003, SEC.1; P.L.28-2004,SEC.158; P.L.35-2007, SEC.2.
IC 22-1-1-12
Rules; petition for variation
Sec. 12. (a) If there will be practical difficulties or unnecessaryhardships in carrying out any rule, order, or determination of thecommissioner of labor, the commissioner of labor may, after a publichearing, authorize a variation from any requirement, if the spirit ofthe rule and of the law will be otherwise observed. Any person whois affected by any rule, or his agent, may petition the commissionerof labor, in writing, for variation, stating the grounds therefor. Thecommissioner of labor shall fix a day for a hearing on the petitionand shall give reasonable notice thereof to the petitioner.
(b) A properly indexed record of all variations made shall be keptin the office of the department of labor and shall be open to publicinspection.
(Formerly: Acts 1945, c.334, s.12.) As amended by P.L.37-1985,SEC.25.
IC 22-1-1-13
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-1-1-14
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-1-1-15
Labor information; wages and hours; records
Sec. 15. (a) Every employer, employee, owner or other personshall furnish to the commissioner of labor any information which thecommissioner of labor is authorized to require, and shall make trueand specific answers to all questions, whether submitted orally or inwriting, which are authorized to be put to him.
(b) Every employer shall keep a true and accurate record of thename, address or occupation of each person employed by him, andof the daily and weekly hours worked by each such person and of thewages paid each pay period to each such person. Provided however,That the record of the daily and weekly hours worked or of the wagespaid shall not be required for any person employed in a bona fideexecutive, agricultural, domestic, administrative or professionalcapacity or in the capacity of an outside salesman. No employer shallmake or cause to be made any false entries in any such record.
(Formerly: Acts 1945, c.334, s.15.)
IC 22-1-1-16
Investigations; right of entry
Sec. 16. The commissioner of labor and his authorizedrepresentative shall have the power and the authority to enter any
place of employment for the purpose of collecting facts and statisticsrelating to the employment of workers and of making inspections forthe proper enforcement of all of the labor laws of this state, includingIC 5-16-7. No employer or owner shall refuse to admit thecommissioner of labor or his authorized representatives to his placeof employment.
(Formerly: Acts 1945, c.334, s.16.) As amended by P.L.35-1990,SEC.41.
IC 22-1-1-17
Investigations; depositions; subpoenas; production of books andpapers; contempt
Sec. 17. The commissioner of labor and any officer or employeeof the department of labor designated by the commissioner, in theperformance of any duty, or the execution of any power prescribedby law, may administer oaths, certify to official acts and records,and, where specifically ordered by the governor, take and cause to betaken depositions of witnesses, issue subpoenas, and compel theattendance of witnesses and the production of papers, books,accounts, payrolls relating to the employment of workers, documents,records, and testimony. In case of the failure of any person to complywith any subpoena lawfully issued, or on the refusal of any witnessto produce evidence or to testify to any matter regarding which hemay be lawfully interrogated, it shall be the duty of any circuit orsuperior court upon application of the commissioner or any officeror employee of the department of labor and a showing of theprobable materiality of books, records, and papers, or, in the case ofa witness, that he is believed to be possessed of information materialto the examination, to compel obedience by attachment proceedingsfor contempt, as in the case of disobedience of the requirements, ofa subpoena issued from a court or a refusal to testify therein.
(Formerly: Acts 1945, c.334, s.17.) As amended by P.L.37-1985,SEC.26.
IC 22-1-1-18
Rule violations; prosecution
Sec. 18. It shall be the duty of the several prosecuting attorneys ofthe respective judicial circuits or the attorney-general of the state ofIndiana on the relation of the state of Indiana, upon the request of thecommissioner of labor, or any of his authorized representatives, toprosecute any violation of any law, rule or order which it is made theduty of the commissioner to enforce.
(Formerly: Acts 1945, c.334, s.18.)
IC 22-1-1-19
Repealed
(Repealed by Acts 1971, P.L.356, SEC.2.)
IC 22-1-1-20
Repealed (Repealed by Acts 1979, P.L.17, SEC.55.)
IC 22-1-1-21
Repealed
(Repealed by P.L.37-1985, SEC.60.)
IC 22-1-1-22
Information sharing concerning construction workers misclassifiedas independent contractors
Sec. 22. (a) This section applies after December 31, 2009.
(b) As used in this section, "contractor" means:
(1) a sole proprietor;
(2) a partnership;
(3) a firm;
(4) a corporation;
(5) a limited liability company;
(6) an association; or
(7) another legal entity;
that engages in construction and is authorized by law to do businessin Indiana. The term includes a general contractor, a subcontractor,and a lower tiered contractor. The term does not include the state, thefederal government, or a political subdivision.
(c) The department of labor shall cooperate with the:
(1) department of workforce development established byIC 22-4.1-2-1;
(2) department of state revenue established by IC 6-8.1-2-1; and
(3) worker's compensation board of Indiana created byIC 22-3-1-1(a);
by sharing information concerning any suspected improperclassification by a contractor of an individual as an independentcontractor (as defined in IC 22-3-6-1(b)(7) or IC 22-3-7-9(b)(5)).
(d) For purposes of IC 5-14-3-4, information shared under thissection is confidential, may not be published, and is not open topublic inspection.
(e) An officer or employee of the department of labor whoknowingly or intentionally discloses information that is confidentialunder this section commits a Class A misdemeanor.
As added by P.L.164-2009, SEC.2.