Affirmative defenses
Known as the The Indiana Occupational Safety and Health Act
The act spans §§ 22-8-1.1-1 to 22-8-1.1-9 (100 sections).
Applied in 1 court decision — leading case LTV Steel Co. v. Griffin (2000)
Most recently applied in LTV Steel Co. v. Griffin (June 2000)
As added by P.L.224-1995, SEC.1.
Sec. 27.2. (a) An employer may establish an affirmative defense for a violation of any standard, rule, or order that is the result of employee misconduct.
(b) The employer has the burden of proving the affirmative defense in compliance with federal and state law.
(c) If an employer successfully establishes an affirmative defense under this section, the commissioner may not assess any penalty or fine against the employer for the violation.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.