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 be
administered 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 the
governor for a term not to exceed four (4) years and shall serve at the
will of the governor and until his successor shall have been
appointed and shall have qualified. Any vacancy in the office of
commissioner of labor shall be filled by appointment by the governor
for the unexpired term.
(b) The commissioner of labor shall be the administrative and
executive officer of the department of labor, shall supervise and
direct the work of the department, shall have immediate charge of the
administration and enforcement of all the laws and rules that the
department is required by law to enforce and administer, shall have
general charge of all inspections and investigations, and shall
perform such other duties as may be prescribed in this chapter.
(c) The commissioner shall adopt and use an official seal for the
authentication of the orders and records of the department.
(d) Before entering upon the discharge of his official duties, the
commissioner shall:
(1) execute a bond, payable to the state in such amount and with
such sureties as shall be approved by the governor, conditioned
for the faithful discharge of his official duties; and
(2) take and subscribe an oath, which shall be endorsed upon
his official bond;
and the bond and oath when so executed shall be filed in the office
of the secretary of state.
(e) The commissioner is authorized and directed to classify and
fix the minimum standards for the personnel of the department and
to formulate salary schedules with the approval of the governor for
the 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 labor
who:
(1) in order to perform the duties of office has left or leaves a
position or employment, other than a temporary position or
employment, 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) days
after the expiration of the term of office or after removal from
office;
shall be restored by the employer to the position or employment at
not less than the same pay or to a similar position or employment and
pay unless the employer's circumstances have so changed as to make
it impossible or unreasonable to do so. When the commissioner is
restored to employment, it shall be done without discrimination, nor
shall the commissioner be caused to suffer inconvenience or any
other adverse action by the employer, as a result of any action taken
while serving as commissioner.
(b) Any individual who is restored to a position or employment
under this chapter shall be considered as having been on leave of
absence during the period of service as commissioner of labor and is
entitled to participate in insurance or other benefits offered by the
employer pursuant to established rules and practices relating to
employees on leave of absence in effect with the employer.
(c) Any individual who is a member of a labor organization who
is appointed commissioner of labor shall be considered for all
purposes as being on leave of absence during the period of service as
commissioner of labor.
(d) In case any employer or labor organization fails or refuses to
comply with this chapter, the judge of the circuit court of the circuit
in which the employer maintains a place of business shall have
power, upon the filing of an appropriate pleading by the individual
entitled to the benefits of this chapter, to specifically require the
employer or labor organization to comply with this chapter, and, as
an incident thereto to compensate the individual for any loss of
wages or benefits suffered by reason of the employer's or labor
organization'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 with
adequate offices in the state capitol building or in some other suitable
building in Indianapolis, in which its records shall be kept and its
official business shall be transacted.
(b) The commissioner of labor and the several employees of the
department shall be entitled to receive from the state their necessary
and actual expenses while traveling on the business of the
department, as provided in the state travel policies and procedures
established by the department of administration and approved by the
state budget agency.
(c) All salaries and expenses of the department shall be audited
and paid out of appropriations made to the department of labor for
that purpose in the manner prescribed by law for the payment of the
expenses 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 department
of 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.) As
amended 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 the
following:
(1) have immediate charge of the administration of the
underground mine laws of this state;
(2) provide safety consultation services to any underground
mine operator at the request of the operator;
(3) provide mine safety and health education information to all
underground mine operators; and
(4) investigate all fatalities occurring in underground mine
operations for the purpose of data collection; however, an
investigation shall not interfere with investigations by the
federal Mine Safety and Health Administration.
(b) The bureau of child labor shall have immediate charge of the
supervision of children who are gainfully employed, including
employment certificate violations under IC 20-33-3-38.5,
IC 20-33-3-39, and IC 20-33-3-40. A child employee under the
jurisdiction of the bureau of child labor may file a complaint with the
bureau of child labor if the employer of the child employee requires
noncompliance by the child employee with the provisions of
IC 20-33-3-38.5.
(Formerly: Acts 1945, c.334, s.5; Acts 1975, P.L.235, SEC.3.) As
amended 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 director
who is under the immediate charge of the commissioner. A director
for each bureau shall be appointed by the commissioner of labor with
the 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 see
that all of the laws and rules enacted or adopted for that purpose
and that the department is required to enforce are promptly and
effectively administered and executed.
(2) Collect, collate, and publish statistical and other information
relating to working conditions in this state and to the
enforcement of this chapter and such rules as may be necessary
to the advancement of the purposes of this chapter, but no
publicity of any information involving the name or identity of
any employer, employee, or other person, firm, limited liability
company, or corporation shall be given. It shall be unlawful for
the commissioner or any person to divulge, or to make known
in any way not provided by law, to any person the operation,
style of work, or apparatus of any employer, or the amount or
sources of income, profits, losses, expenditures, or any part
thereof obtained by him in the discharge of his official duties.
(3) Except as otherwise provided by law, employ, promote, and
remove clerks, inspectors, and other employees as needed or as
the service of the department of labor may require, and with the
approval of the governor, within the appropriation therefor, fix
their 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, and
conciliation of disputes between employers and employees, for
the 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 the
boards, order reasonable compensation paid to each member
engaged in arbitration, prescribe and adopt rules of procedure
for arbitration boards, conduct investigations and hearings,
publish reports and advertisements, and do all other things
convenient and necessary to accomplish the purpose of this
chapter. The commissioner may designate an employee of the
department to act as chief mediator and may detail other
employees, from time to time, to act as his assistants for the
purpose of executing this chapter. Any employee of the
department who may act on a temporary board shall serve
without 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 the
jurisdiction 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, and
processes reasonably adequate to render employment and place
of employment safe; and
(3) do every other thing reasonably necessary to protect the
safety 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 to
do the following:
(1) To investigate and adopt rules under IC 4-22-2 prescribing
what safety devices, safeguards, or other means of protection
shall be adopted for the prevention of accidents in every
employment or place of employment, to determine what
suitable devices, safeguards, or other means of protection for
the prevention of industrial accidents or occupational diseases
shall be adopted or followed in any or all employments or
places of employment, and to adopt rules under IC 4-22-2
applicable to either employers or employees, or both for the
prevention of accidents and the prevention of industrial or
occupational diseases.
(2) Whenever, in the judgment of the commissioner of labor,
any place of employment is not being maintained in a sanitary
manner or is being maintained in a manner detrimental to the
health of the employees therein, to obtain any necessary
technical or expert advice and assistance from the state
department of health. The state department of health, upon the
request of the commissioner of labor, shall furnish technical or
expert advice and assistance to the commissioner and take the
steps authorized or required by the health laws of the state.
(3) Annually forward the report received from the mining board
under IC 22-10-1.5-5(a)(5) to the legislative council in an
electronic format under IC 5-14-6 and request from the general
assembly funding for necessary additional mine inspectors.
(4) Administer the mine safety fund established under
IC 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 unnecessary
hardships in carrying out any rule, order, or determination of the
commissioner of labor, the commissioner of labor may, after a public
hearing, authorize a variation from any requirement, if the spirit of
the rule and of the law will be otherwise observed. Any person who
is affected by any rule, or his agent, may petition the commissioner
of labor, in writing, for variation, stating the grounds therefor. The
commissioner of labor shall fix a day for a hearing on the petition
and shall give reasonable notice thereof to the petitioner.
(b) A properly indexed record of all variations made shall be kept
in the office of the department of labor and shall be open to public
inspection.
(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 person
shall furnish to the commissioner of labor any information which the
commissioner of labor is authorized to require, and shall make true
and specific answers to all questions, whether submitted orally or in
writing, which are authorized to be put to him.
(b) Every employer shall keep a true and accurate record of the
name, address or occupation of each person employed by him, and
of the daily and weekly hours worked by each such person and of the
wages paid each pay period to each such person. Provided however,
That the record of the daily and weekly hours worked or of the wages
paid shall not be required for any person employed in a bona fide
executive, agricultural, domestic, administrative or professional
capacity or in the capacity of an outside salesman. No employer shall
make 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 authorized
representative shall have the power and the authority to enter any
place of employment for the purpose of collecting facts and statistics
relating to the employment of workers and of making inspections for
the proper enforcement of all of the labor laws of this state, including
IC 5-16-7. No employer or owner shall refuse to admit the
commissioner of labor or his authorized representatives to his place
of 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 and
papers; contempt
Sec. 17. The commissioner of labor and any officer or employee
of the department of labor designated by the commissioner, in the
performance of any duty, or the execution of any power prescribed
by law, may administer oaths, certify to official acts and records,
and, where specifically ordered by the governor, take and cause to be
taken depositions of witnesses, issue subpoenas, and compel the
attendance 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 comply
with any subpoena lawfully issued, or on the refusal of any witness
to produce evidence or to testify to any matter regarding which he
may be lawfully interrogated, it shall be the duty of any circuit or
superior court upon application of the commissioner or any officer
or employee of the department of labor and a showing of the
probable materiality of books, records, and papers, or, in the case of
a witness, that he is believed to be possessed of information material
to the examination, to compel obedience by attachment proceedings
for contempt, as in the case of disobedience of the requirements, of
a 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 of
the respective judicial circuits or the attorney-general of the state of
Indiana on the relation of the state of Indiana, upon the request of the
commissioner of labor, or any of his authorized representatives, to
prosecute any violation of any law, rule or order which it is made the
duty 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 misclassified
as 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 business
in Indiana. The term includes a general contractor, a subcontractor,
and a lower tiered contractor. The term does not include the state, the
federal government, or a political subdivision.
(c) The department of labor shall cooperate with the:
(1) department of workforce development established by
IC 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 by
IC 22-3-1-1(a);
by sharing information concerning any suspected improper
classification by a contractor of an individual as an independent
contractor (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 this
section is confidential, may not be published, and is not open to
public inspection.
(e) An officer or employee of the department of labor who
knowingly or intentionally discloses information that is confidential
under this section commits a Class A misdemeanor.
As added by P.L.164-2009, SEC.2.