What are my rights if I disagree with the findings of a complaint?

Published 12/18/2007 10:31 AM   |    Updated 12/18/2007 10:31 AM

What are my rights if I disagree with the findings of a complaint?

You may telephone IOSHA at 317-232-2655 to request an Informal Conference.  An informal conference is an opportunity to discuss the inspection, the complaint, settlement, or other related issues.  It may be requested by:

 

  • an employer who has received safety orders,
  • affected employees, or
  • authorized employee representatives (unions).

 

Informal conferences may be held in person or over the telephone.  Informal conferences must be requested and conducted within fifteen working days of the employer’s receipt of safety orders/notification of penalties/citations.

 

You may also choose to file a written petition for review/contest of the safety orders/notification of penalties/citations.  This provides the opportunity for an employer to present evidence and argue about the safety orders.  This process also provides affected employees or union representatives the opportunity to present evidence and argue about the abatement dates established by the safety orders.  Regardless of the source of the contest, all arguments are done before an independent body called the Indiana Board of Safety Review.

 

Written notices of contest must be done in writing, postmarked before midnight of the fifteenth working day after the employer’s receipt of the safety orders, addressed to:

 

            Indiana Department of Labor – IOSHA

            402 West Washington Street

            Room W195

            Indianapolis, IN 46204

 

The notice may also be faxed to 317-232-3790.

 

 If you are an employer, your notice of contest/petition for review must include the following:

 

  • The inspection number of the safety orders you are contesting.
  • A specific statement of what you are contesting.
  • A statement of the basis for the contest.

 

If you are an affected employee or union representative, your notice of contest/petition for review should contain the following:

 

  • The inspection number of the safety orders which contain the abatement date with which you disagree.
  • A specific statement of which items contain abatement dates which you contest are not reasonable.

 

More details on this process are found in the IOSHA Closing Conference Guide, which may be downloaded from http://www.in.gov/labor/iosha/ccguide/ClosingConferenceGuide.pdf.

 

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