39-17-111 - Alteration of warning, guard or other safety device from any machine, tool, or other implement.
39-17-111. Alteration of warning, guard or other safety device from any machine, tool, or other implement.
(a) (1) It is an offense for any person to knowingly and intentionally remove, disconnect, alter or cause to have removed, disconnected or altered a warning, guard or other safety device from any machine, tool or other implement and as a result of that action another person suffers bodily injury or death. For purposes of this section, machine, tool or other implement does not include:
(A) Any item of equipment or device being used for agricultural, forestry purposes, or lawn and garden care purposes; or
(B) Any item being used for home improvements or maintenance by a person not engaged in commercial activities.
(2) It is not an offense to knowingly and intentionally remove, disconnect, alter or cause to have removed, disconnected or altered a warning, guard or other safety device under the provisions of subdivision (a)(1) if the warning, guard or other safety device is removed, disconnected or altered:
(A) With the sole and intended purpose of improving safety in accordance with accepted industry safety standards; or
(B) When a machine, tool or other implement is redesigned to manufacture a product or products substantially different than it was originally designed, and the warning, guard or other safety device is replaced with a warning, guard or other safety device with equal or improved effectiveness relative to accepted industry safety standards.
(b) A violation of this section is a Class A misdemeanor, punishable only by fine of not more than two thousand five hundred dollars ($2,500).
(c) Evidence of a criminal conviction under this section shall not be admissible in a subsequent action against the employer filed by the employee involving a workplace injury or death.
(d) Neither a conviction nor a failure to obtain a conviction under this section shall preclude any other action authorized by law with respect to conduct in controversy under subsection (a).
[Acts 1998, ch. 1054, § 1.]