610 IAC 9 — ARTICLE 9. OCCUPATIONAL SAFETY AND HEALTH

TITLE 610 DEPARTMENT OF LABOR

ARTICLE 9. OCCUPATIONAL SAFETY AND HEALTH

Rule 1

610 IAC 9-1-1 610 IAC 9-1-1 Applicability

Rule 1. Definitions

610 IAC 9-1-1 Applicability

Authority: IC 22-1-1-8; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1

Sec. 1. The definitions in this rule apply throughout this article.

(Department of Labor; 610 IAC 9-1-1; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-1-2 610 IAC 9-1-2 "Act" defined

610 IAC 9-1-2 "Act" defined

Authority: IC 22-1-1-8; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1

Sec. 2. "Act" means the Indiana Occupational Safety and Health Act, IC 22-8-1.1.

(Department of Labor; 610 IAC 9-1-2; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-1-3 610 IAC 9-1-3 "Commissioner" defined

610 IAC 9-1-3 "Commissioner" defined

Authority: IC 22-1-1-8; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1

Sec. 3. "Commissioner" means the commissioner of the department.

(Department of Labor; 610 IAC 9-1-3; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-1-4 610 IAC 9-1-4 "Department" defined

610 IAC 9-1-4 "Department" defined

Authority: IC 22-1-1-8; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1

Sec. 4. "Department" means the Indiana department of labor.

(Department of Labor; 610 IAC 9-1-4; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-1-5 610 IAC 9-1-5 "Employee" defined

610 IAC 9-1-5 "Employee" defined

Authority: IC 22-1-1-8; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1

Sec. 5. "Employee" means a person permitted to work by an employer in employment.

(Department of Labor; 610 IAC 9-1-5; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-1-6 610 IAC 9-1-6 "Employer" defined

610 IAC 9-1-6 "Employer" defined

Authority: IC 22-1-1-8; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1

Sec. 6. "Employer" means any individual or type of organization, including the state and all its political subdivisions, that has in its employ one (1) or more individuals.

(Department of Labor; 610 IAC 9-1-6; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-1-7 610 IAC 9-1-7 "Establishment" defined

610 IAC 9-1-7 "Establishment" defined

Authority: IC 22-1-1-8; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1

Sec. 7. "Establishment" means a single physical location where employees engage in work or conduct business, where business of any kind is conducted, or where services or industrial operations are performed. The term includes, but is not limited to, the following locations:

(1) A factory.

(2) A mill.

(3) A store.

(4) A hotel.

(5) An office or administrative building.

(6) A restaurant.

(7) A bank.

(8) A sales office.

(9) A warehouse.

(Department of Labor; 610 IAC 9-1-7; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-1-8 610 IAC 9-1-8 "IOSHA" defined

610 IAC 9-1-8 "IOSHA" defined

Authority: IC 22-1-1-8; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1

Sec. 8. "IOSHA" means the Indiana occupational safety and health division of the department.

(Department of Labor; 610 IAC 9-1-8; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

Rule 2

610 IAC 9-2-1 610 IAC 9-2-1 Purpose and application of article

Rule 2. Inspections, Safety Orders, and Penalties

610 IAC 9-2-1 Purpose and application of article

Authority: IC 22-1-1-2; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1

Sec. 1. (a) The Act requires the following:

(1) Every employer covered under the Act furnish to its employees a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm.

(2) Every employer comply with occupational safety and health standards promulgated under the Act.

(3) Every employee comply with standards, rules, regulations, and orders issued under the Act that are applicable to their own actions and conduct.

(b) The Act authorizes the department to conduct safety inspections and to issue safety orders and proposed penalties for alleged violations. The Act contains provisions for the following:

(1) The adjudication of violations.

(2) The abatement of violations.

(3) The review of contested penalties by the board of safety review.

(4) Procedures for judicial review.

(c) The purpose of this article is:

(1) to prescribe rules and to set forth general policies for the conduct of safety inspections; and

(2) the issuance of safety orders and proposed penalties as required by the Act.

(d) Where this article sets forth general enforcement policies rather than specific processes, procedures, and rules, such general enforcement policies may be interpreted by the commissioner or the commissioner's designee for application to specific facts and circumstances consistent with the spirit and purpose of the Act.

(Department of Labor; 610 IAC 9-2-1; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-2-2 610 IAC 9-2-2 Application of article to public and private employers

610 IAC 9-2-2 Application of article to public and private employers

Authority: IC 22-1-1-2; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1; IC 36-8-12

Sec. 2. (a) The Act, this article, and all promulgated standards, rules, and regulations contained or referred to in this article are applicable to public sector as well as private sector employers and employees.

(b) When reporting and recording occupational injuries and illnesses as required by 610 IAC 9-3, public employers are not required to use Standard Industrial Classification codes.

(c) For the purpose of the Act, volunteer fire companies that exist under IC 36-8-12 are considered public sector employers.

(Department of Labor; 610 IAC 9-2-2; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-2-3 610 IAC 9-2-3 Posting of notices by employers; "establishment" defined; availability to employees of law, regulations, and standards

610 IAC 9-2-3 Posting of notices by employers; "establishment" defined; availability to employees of law, regulations, and standards

Authority: IC 22-1-1-2; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-3.1; IC 22-8-1.1-27.1

Sec. 3. (a) Each employer shall post and keep posted at its establishment a notice or notices (hereinafter "the Poster") to be furnished by the department:

(1) informing employees of the protections and obligations provided for in the Act; and

(2) referring employees to appropriate sources for assistance and information.

Such notice or notices shall be posted by the employer in each establishment in a conspicuous place or places where notices to employees are customarily posted. Each employer shall take steps to ensure that such notices are not altered, defaced, or covered by other material.

(b) Reproductions or facsimiles of the Poster shall constitute compliance with the posting requirements of this section. Such reproductions or facsimiles must be at least the same size and as the Poster provided by the department.

(c) Where distinctly separate activities are performed in isolation at a single physical location:

(1) each activity shall be treated as a separate physical establishment; and

(2) a separate notice or notices shall be posted in each such isolated location.

(d) Where employers are engaged in activities that are physically dispersed, such as:

(1) agriculture;

(2) construction;

(3) transportation;

(4) communications; and

(5) electric, gas, and sanitary services;

the notice or notices required by this section shall be posted at the location to which employees report each day.

(e) Where employees do not usually work at, or report to, a single establishment, such as, but without limitation:

(1) longshoremen;

(2) traveling salesmen;

(3) technicians; and

(4) engineers;

such notice or notices shall be posted at the location from which the employees operate to carry out their activities. In all cases, such notice or notices shall be posted in accordance with the requirements of this section.

(f) Copies of:

(1) the Act;

(2) all regulations published in this title; and

(3) all applicable standards;

are available at the department's office or its Web site.

(g) Any employer failing to comply with the provisions of this section shall be subject to issuance of a safety order and penalty in accordance with the provisions of IC 22-8-1.1-27.1.

(Department of Labor; 610 IAC 9-2-3; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-2-4 610 IAC 9-2-4 Authority of compliance safety and health inspectors; security clearance

610 IAC 9-2-4 Authority of compliance safety and health inspectors; security clearance

Authority: IC 22-1-1-2; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-23.1

Sec. 4. (a) IOSHA compliance safety and health inspectors are authorized to enter without delay and at reasonable times any:

(1) establishment;

(2) construction site;

(3) workplace; or

(4) environment;

where work is performed by an employee or an employer to inspect and investigate safety and health compliance during regular working hours and at other reasonable times.

(b) IOSHA compliance safety and health inspectors may do the following:

(1) Inspect, within reasonable limits and in a reasonable manner, any establishment, place of employment, and all pertinent:

(A) conditions;

(B) structures;

(C) machines;

(D) apparatus;

(E) devices;

(F) equipment; and

(G) materials;

therein.

(2) Question privately any:

(A) employee;

(B) employer;

(C) officer;

(D) manager or employer representative;

(E) owner;

(F) operator; or

(G) agent.

(3) Review:

(A) recordings, both audio and visual;

(B) pictures;

(C) papers;

(D) records;

(E) documents; and

(F) any other form of business record or tangible record;

documenting a fact, event, or proceeding required by the Act and rules published by the department and that are directly related to the purpose of the inspection.

(c) Before inspecting areas containing information that is classified by an agency of the United States government in the interest of national security, the compliance safety and health inspectors shall obtain the appropriate security clearance.

(Department of Labor; 610 IAC 9-2-4; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-2-5 610 IAC 9-2-5 Refusal to permit inspection; compulsory process

610 IAC 9-2-5 Refusal to permit inspection; compulsory process

Authority: IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-15; IC 22-8-1.1-23.1

Sec. 5. (a) Upon a refusal to permit an IOSHA compliance safety and health inspector, in exercise of his or her official duties, to enter and conduct the inspection described in this article, or perform any of the duties or activities described in this article or the Act, the IOSHA compliance safety and health inspector shall:

(1) terminate the inspection;

(2) ascertain the reasons for such refusal; and

(3) immediately report the refusal and the reasons to the commissioner or the commissioner's designee.

(b) The commissioner or the commissioner's designee shall consult with the attorney general or the attorney general's designee, who shall take appropriate action, including compulsory process.

(c) Compulsory process shall be sought in advance of an attempted inspection or investigation if, in the judgment of the commissioner and the attorney general, or their respective designees, circumstances exist that create a reasonable belief that the employer will not cooperate or will refuse entry.

(d) For purposes of this section, "compulsory process" means the institution of any appropriate action, including, but not limited to, ex parte application for an inspection warrant or its equivalent. Ex parte inspection warrants shall be:

(1) the preferred form of compulsory process; and

(2) used before legal action in a court of competent jurisdiction is taken.

(Department of Labor; 610 IAC 9-2-5; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-2-6 610 IAC 9-2-6 Permission to enter may not be conditioned on waiver of cause of action

610 IAC 9-2-6 Permission to enter may not be conditioned on waiver of cause of action

Authority: IC 22-1-1-2; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1

Sec. 6. Permission to enter and to conduct the inspection described in this article, or to perform other duties or activities described in this article or in the Act, shall not imply or be conditioned upon a waiver of any cause of action, safety order, or penalty under the Act. Compliance safety and health inspectors are not authorized to grant any such waiver.

(Department of Labor; 610 IAC 9-2-6; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-2-7 610 IAC 9-2-7 Advance notice of inspections prohibited; exceptions; penalty

610 IAC 9-2-7 Advance notice of inspections prohibited; exceptions; penalty

Authority: IC 22-1-1-2; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-24.2; IC 22-8-1.1-27.1

Sec. 7. (a) Advance notice of an IOSHA inspection may not be given to any:

(1) employer or employee who is the target of the inspection;

(2) agent, officer, manager, or representative thereof; or

(3) person to whom it would be reasonable to expect that by informing said person the target employer might reasonably be expected to receive advance notice of the inspection.

(b) Notwithstanding the provisions of subsection (a), advance notice of inspection may be given if authorized by the commissioner and only where the commissioner reasonably believes that advance notice would serve to protect employees from an imminent danger. Notice given under this subsection may be given only to the extent that it is absolutely required to protect employees from imminent danger.

(c) Under IC 22-8-1.1-24.2, any person who gives advance notice of any inspection in violation of this section, commits a Class B misdemeanor, which is punishable by up to:

(1) one hundred eighty (180) days imprisonment; and

(2) a one thousand dollar ($1,000) fine.

(Department of Labor; 610 IAC 9-2-7; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-2-8 610 IAC 9-2-8 Incorporation by reference

610 IAC 9-2-8 Incorporation by reference

Authority: IC 22-1-1-8; IC 22-8-1.1-48.1

Affected: IC 1-1-9; IC 22-8-1.1-1

Sec. 8. (a) The commissioner hereby incorporates by reference Sections 1903.7 through 1903.22 of 29 CFR 1903* (inspections, citations, and proposed penalties) as in effect on January 1, 2006, except as otherwise set out in this rule.

(b) When interpreting this rule, including all matters incorporated by reference, the following shall apply:

(1) "Occupational Safety and Health Act of 1970", "Occupational Safety and Health Act", "The Act", or "OSH Act" shall refer to the Indiana Occupational Safety and Health Act (IC 22-8-1.1).

(2) "Occupational Safety and Health Administration", "the Agency", or "OSHA" shall refer to the Indiana occupational safety and health division of the department, also known as IOSHA.

(3) "Area office" shall refer to the office of the Indiana occupational safety and health division of the department.

(4) "Assistant Secretary of Labor for Occupational Safety and Health", "Secretary", "Assistant Secretary", "Area Director", or "Assistant Regional Director" shall refer to the commissioner or the commissioner's designee.

(5) "United States Department of Labor" or "U.S. Department of Labor" shall refer to the department.

(6) "Occupational Safety and Health Review Commission", "Review Commission", "Commission", or "OSHRC" shall refer to the board of safety review created by IC 22-8-1.1.

(7) "Federal holidays" shall refer to legal holidays observed by state offices under IC 1-1-9.

(8) "Citation" shall refer to a safety order as defined in IC 22-8-1.1-1.

(9) "Regional Solicitor" shall refer to:

(A) department counsel for functions performed by department counsel; or

(B) the Indiana attorney general for functions performed by the attorney general.

(10) References to specific sections of The Occupational Safety and Health Act of 1970 shall be interpreted to refer to the corresponding section under IC 22-8-1.1 as set out in Table 2.

(11) 29 CFR 1903.9(a) and 29 CFR 1903.9(b) are not incorporated by reference, and those subsections are replaced with section 2 of this rule.

(c) Where the provisions of this article conflict with matters incorporated by reference, the express provisions of this article shall control.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Labor, Indiana Government Center-South, First Floor, Indianapolis, Indiana 46204.

(Department of Labor; 610 IAC 9-2-8; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

610 IAC 9-2-9 610 IAC 9-2-9 Trade secrets

610 IAC 9-2-9 Trade secrets

Authority: IC 22-1-1-8; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-48.4

Sec. 9. As required by IC 22-8-1.1-48.4, all information that contains or might reveal a trade secret shall be:

(1) considered confidential; and

(2) disclosed only to such other officers or employees of the department as may be necessary for them to discharge their duties.

In any proceeding, the commissioner, the commission, the board, or a court shall issue such orders as may be appropriate, including the impoundment of files, or portions of files, to protect the confidentiality of trade secrets.

(Department of Labor; 610 IAC 9-2-9; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

Rule 3

610 IAC 9-3-1 610 IAC 9-3-1 Incorporation by reference

Rule 3. Recording and Reporting Occupational Injuries and Illnesses

610 IAC 9-3-1 Incorporation by reference

Authority: IC 22-1-1-8; IC 22-8-1.1-48.1

Affected: IC 22-8-1.1-1; IC 22-8-1.1-38.1

Sec. 1. (a) The commissioner of labor hereby incorporates by reference Sections 1904.0 through 1904.46 of 29 CFR 1904* (recording and reporting occupational injuries and illnesses) as it existed on January 1, 2006.

(b) When interpreting this rule, including all matters incorporated by reference, the following shall apply:

(1) "Occupational Safety and Health Act", "The Act", or "OSH Act" shall refer to the Indiana Occupational Safety and Health Act (IC 22-8-1.1), except as used in 1904.40(b)(1)(ii) and 1904.40(b)(1)(iii), where it shall be given its usual meaning.

(2) "Occupational Safety and Health Administration", "the Agency", or "OSHA" shall refer to the Indiana occupational safety and health division of the department, also known as IOSHA.

(3) "Section 11(c)" shall refer to IC 22-8-1.1-38.1.

(4) "Area office" shall refer to the office of the Indiana occupational safety and health division of the department, also known as IOSHA.

(5) "Secretary of Labor" shall be read to mean the commissioner.

(6) The following shall be substituted for the corresponding definitions in 29 CFR 1904.46:

(A) "The Act" means the Indiana Occupational Safety and Health Act (IC 22-8-1.1, et seq.). The definitions contained in Section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652) and related interpretations apply to such terms when used in this Part 1904.

(B) "You" means an employer as defined in IC 22-8-1.1-1.

(7) 29 CFR 1904.39(a) shall be replaced to read "Within eight (8) hours after the death of any employee from a work-related incident or the inpatient hospitalization of three (3) or more employees as a result of a work-related incident, the employer must orally report the fatality or multiple hospitalization by telephone or in person to the Indiana occupational safety and health division of the department, also known as IOSHA. The employer shall contact IOSHA by calling 1-317-232-2693. The employer may also use the Federal OSHA toll-free central telephone number, 1-800-321-OSHA (1-800-321-6742).".

(c) Where the provisions of this article conflict with matters incorporated by reference, the express provisions of this article shall control.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department of Labor, Indiana Government Center-South, First Floor, Indianapolis, Indiana 46204.

(Department of Labor; 610 IAC 9-3-1; filed Nov 6, 2006, 8:47 a.m.: 20061206-IR-610060159FRA; readopted filed Nov 30, 2012, 11:14 a.m.: 20121226-IR-610120578RFA; readopted filed Nov 21, 2018, 12:10 p.m.: 20181219-IR-610180417RFA; readopted filed Dec 30, 2024, 12:04 p.m.: 20250122-IR-610230835RFA)

Rule 4

610 IAC 9-4-1 610 IAC 9-4-1 General penalty policy

Rule 4. Calculating IOSHA Penalties

610 IAC 9-4-1 General penalty policy

Authority: IC 22-1-1; IC 22-8-1.1-27.1

Affected: IC 22-8-1.1

Sec. 1. (a) The penalty structure described in this rule is part of IOSHA's general enforcement policy and shall normally be applied as set forth in this rule. A division director can exercise discretion to depart from the penalty policy in cases where penalty adjustments do not advance the deterrent goal of the Act. The application of penalty adjustments can therefore result in safety orders issued with all applicable adjustments or no adjustments. Except as provided in subsection (b), an inspection must maintain consistent penalty adjustments throughout the recommended safety orders.

(b) A decision not to apply the penalty adjustments is normally based on consideration of at least one (1) of the factors listed in this subsection. However, this list is not intended to be exhaustive. If the decision not to apply penalty adjustments is based on considerations other than the factors listed in this subsection, the decision must be fully explained in the case file and approved by the deputy commissioner or their designee. The factors to be considered include the following:

(1) The proposed safety orders are related to a fatality or catastrophe.

(2) The employer has received a knowing or repeat violation within the past three (3) years related to a fatality.

(3) The employer has failed to report a fatality, an inpatient hospitalization, an amputation, or the loss of an eye under the requirements of 29 CFR 1904.39.

(4) The employer is currently on the Severe Violator Enforcement Program (SVEP) list.

(5) The proposed safety orders meet the requirements for inclusion in the SVEP.

(6) The proposed safety orders are being considered for an egregious case.

(7) The employer has numerous record keeping violations related to a large number or rate of injuries and illnesses at the establishment.

(8) The proposed failure to correct notification is based on a previous safety order for which the employer failed to submit abatement verification.

(9) The employer has been referred to debt collection for past unpaid IOSHA penalties.

(c) Minimum penalties are applied as follows:

(1) The proposed penalty for an alleged violation that could have reasonably contributed to a fatal incident is seven thousand dollars ($7,000) without reduction.

(2) When the proposed penalty for a serious violation amounts to less than one hundred dollars ($100), a one hundred dollar ($100) penalty is proposed for that violation.

(3) When the proposed penalty for a nonserious violation, or a regulatory violation other than a posting violation, amounts to less than one hundred dollars ($100), no penalty is proposed for that violation. If, however, there is a safety order for a posting violation, a penalty may be proposed even if it is less than one hundred dollars ($100) since penalties for those violations are mandatory.

(4) In no case may the proposed penalty for a knowing violation, either serious or nonserious, after reductions be less than five thousand dollars ($5,000) or nine thousand four hundred seventy-two dollars ($9,472) depending on applicability.

(Department of Labor; 610 IAC 9-4-1; filed May 19, 2025, 10:19 a.m.: 20250618-IR-610250159FRA)

610 IAC 9-4-2 610 IAC 9-4-2 Gravity, severity, and probability of a violation

610 IAC 9-4-2 Gravity, severity, and probability of a violation

Authority: IC 22-1-1; IC 22-8-1.1-27.1

Affected: IC 22-8-1.1

Sec. 2. (a) The gravity of a violation is the primary consideration in determining penalty amounts. Gravity is the basis for calculating the basic penalty for serious and nonserious violations, and is determined by severity and probability.

(b) The first step in classifying an alleged violation as serious or nonserious is based on the severity of the potential injury or illness that could result from the alleged violation. The following categories must be considered in assessing the severity of potential injuries or illnesses:

(1) For a serious violation, the following is considered:

(A) High severity includes:

(i) death from injury or illness;

(ii) injuries involving permanent disability; or

(iii) chronic, irreversible illnesses.

(B) Medium severity includes injuries or temporary, reversible illnesses resulting in hospitalization for a variable but limited period of disability.

(C) Low severity includes injuries or temporary, reversible illnesses not resulting in hospitalization and requiring only minor supportive treatment.

(2) A nonserious violation is considered minimal severity. Although these violations reflect conditions that have a direct and immediate relationship to the safety and health of employees, the most serious injury or illness that could reasonably be expected to result from an employee's exposure will not be low, medium, or high severity, as described in subdivision (1)(A) through (1)(C), nor require medical treatment or cause death or serious physical harm.

(c) The probability that an injury or illness could occur as a result of the alleged violation has no role in determining the classification of a violation, but does affect the amount of the proposed penalty. Probability is assessed as follows:

(1) Probability is categorized either as greater or lesser as follows:

(A) Greater probability results when the likelihood that an injury or illness will occur is judged to be relatively high.

(B) Lesser probability results when the likelihood that an injury or illness will occur is judged to be relatively low.

(2) The following probability factors must be considered, as appropriate, when violations are likely to result in injury or illness:

(A) Number of employees exposed.

(B) Frequency and duration of employee exposure to hazardous conditions, including overexposures to contaminants.

(C) Employee proximity to the hazardous conditions.

(D) Use of appropriate personal protective equipment.

(E) Medical surveillance program.

(F) Age of employees.

(G) Training on recognizing and avoiding the hazardous condition.

(H) Other pertinent working conditions.

(3) The factors outlined in subdivisions (1) and (2) must be considered in determining a final probability assessment. When adherence to the probability assessment procedures results in an unreasonably high or low gravity, the assessment may be adjusted at the discretion of the division director, as appropriate. These decisions must be fully explained in the case file.

(d) The gravity-based penalty (GBP) for each violation is determined by combining the severity assessment and final probability assessment. The GBP is an unreduced penalty and calculated in accordance with the procedures described in this rule. For purposes of this rule, the term "unreduced penalty" has the same meaning as GBP.

(e) The GBP for serious violations is determined as follows:

(1) The gravity of a violation is defined by the GBP as follows:

(A) A high gravity violation is one with a GBP of seven thousand dollars ($7,000) or greater.

(B) A moderate gravity violation is one with a GBP of:

(i) six thousand dollars ($6,000);

(ii) five thousand dollars ($5,000);

(iii) four thousand dollars ($4,000); or

(iv) three thousand dollars ($3,000).

(C) A low gravity violation is one with a GBP of two thousand dollars ($2,000).

(2) The highest gravity classification, high severity and greater probability, is normally reserved for the most serious violative conditions, such as those situations involving danger of death or extremely serious injury or illness.

(3) For serious violations, the GBP is assigned based on the following scale in Table 4-1:

Severity + Probability = GBP

Table 4-1: Serious Violations

(f) The GBP for nonserious violations is determined as follows:

(1) For nonserious safety and health violations, there is only minimal severity.

(2) If the division director determines that it is appropriate to achieve the necessary deterrent effect, a GBP of seven thousand dollars ($7,000) may be proposed. This discretion shall be exercised based on the facts of the specific case. The reasons for this determination must be fully explained in the case file.

(3) For nonserious violations, the GBP is assigned based on the following scale in Table 4-2:

Table 4-2: Nonserious Violations

(g) For some cases, a GBP may be assigned without using the severity and probability assessment procedures outlined in this section when these procedures cannot appropriately be used. In these cases, the assessment assigned and the reasons for doing so must be fully explained in the case file.

(h) In egregious cases, violation-by-violation penalties are applied. This occurs when each instance of noncompliance is considered a separate violation, with individual proposed penalties for each violation. These cases must be handled in accordance with the federal Occupational Health and Safety Administration (OSHA) CPL 02-00-080, Handling of Cases to be Proposed for Violation-By-Violation Penalties, dated October 21, 1990. Penalties calculated under this policy may not be proposed without the concurrence of the deputy commissioner.

(i) Combined or grouped violations are considered as one (1) violation with one (1) GBP. Multiple violations of a single standard may be combined into one (1) safety order item. When a hazard is identified that involves interrelated violations of different standards, the violations may be grouped into a single item. The following procedures apply to the calculation of penalties for combined and grouped violations:

(1) The severity and probability assessments for combined violations are based on the instance with the highest gravity. It is not necessary to complete the penalty calculations for each instance or subitem of a combined or grouped violation once the instance with the highest gravity is identified.

(2) The following is used for grouped violations:

(A) When assessing the severity:

(i) the severity assigned to the grouped violation may be not less than the severity of the most serious reasonably predictable injury or illness that could result from the violation of any single item; and

(ii) if the injury or illness that is reasonably predictable from the grouped items is more serious than that from any single violation item, the more serious injury or illness serves as the basis for the calculation of the severity factor.

(B) When assessing the probability:

(i) the probability assigned to the grouped violation may be not less than the probability of the item that is most likely to result in an injury or illness; and

(ii) if the overall probability of injury or illness is greater with the grouped violation than with any single violation item, the greater probability of injury or illness serves as the basis for the calculation of the probability assessment.

(3) Directors may use discretion to depart from grouping practices suggested in compliance directives and instead issue violations separately, if the violations require differing specific abatement actions. Discretionary ungrouping must be considered where at least one (1) of the following factors is met:

(A) The employer is currently on the SVEP list.

(B) The employer has a history of knowing, repeat, or failure to correct violations.

(C) The violative conditions are related to an incident that resulted in a fatality, catastrophe, or reportable injury or illness.

(D) The inspection resulted in at least one (1) knowing, repeat, or failure to correct violation, or a significant number of serious violations.

(E) The inspection was initiated due to a release of a highly hazardous chemical.

(F) The inspection identified employee exposures to hazardous chemicals over the applicable OSHA permissible exposure limit.

(G) The inspection uncovered violations related to National Emphasis Program hazards.

Directors may also use discretionary ungrouping in the absence of any of the factors listed in subdivision (3)(A) through (3)(G) where necessary to achieve an appropriate deterrent effect. In all cases, the reasoning must be fully explained in the inspection case file.

(Department of Labor; 610 IAC 9-4-2; filed May 19, 2025, 10:19 a.m.: 20250618-IR-610250159FRA)

610 IAC 9-4-3 610 IAC 9-4-3 Penalty reduction factors

610 IAC 9-4-3 Penalty reduction factors

Authority: IC 22-1-1; IC 22-8-1.1-27.1

Affected: IC 22-8-1.1-35.6

Sec. 3. (a) Penalty adjustments vary depending on an employer's size, determined by the maximum number of employees, good faith, and a history of previous violations. Maximum penalty reductions are generally as follows:

(1) Not more than seventy percent (70%) reduction, or eighty percent (80%) for serious knowing violations, may be provided for size.

(2) Not more than twenty-five percent (25%) reduction may be provided for good faith.

(3) Not more than ten percent (10%) reduction may be provided for history.

However, no penalty reduction may be more than one hundred percent (100%) of the initial assessment. The reduction also may not reduce a penalty to less than the minimum penalty amounts described in this rule. Since these reduction factors are based on the general character of an employer's safety and health performance, the factors are calculated only one (1) time for each employer.

(b) After the classification as serious or nonserious, and the GBPs have been determined for each violation, the penalty reduction factors for size, good faith, and history are applied subject to the following limitations:

(1) Penalties proposed for violations classified as repeat violations are reduced only for size.

(2) Penalties proposed for violations classified as knowing violations are reduced only for size and history.

(3) Penalties proposed for serious violations classified as high severity and greater probability violations are reduced only for size and history.

(c) A history reduction of ten percent (10%) is given to employers that have not been issued by IOSHA any serious, knowing, or repeat violations in the past three (3) years.

(d) The three (3) year history of no prior safety orders from IOSHA is calculated from the opening conference date of the current inspection. Only safety orders that have become a final order under IC 22-8-1.1-35.6(a) within the three (3) years immediately before the opening conference date shall be considered.

(e) A history reduction may not be applied under the following conditions:

(1) For a repeat violation.

(2) To employers being issued a safety order for failure to certify abatement.

(3) For violations related to a fatality.

(4) To employers being issued a safety order for failure to notify employees and tagging movable equipment.

(f) A good faith penalty reduction is permitted to recognize an employer's effort to carry out an effective safety and health management system in the workplace. A good faith reduction is not related to an employer that immediately corrects or initiates steps to abate a hazard after being informed of a violation by the compliance safety and health officer (CSHO). The following apply to reductions for good faith:

(1) A good faith reduction is not permitted for any of the following:

(A) High gravity serious violations.

(B) Violations related to a fatality.

(C) Knowing violations. If a knowing violation is found, no reduction for good faith may be applied to any of the violations found during the same inspection.

(D) Repeat violations. If a repeat violation is found, no reduction for good faith may be applied to any of the violations found during the same inspection.

(E) Failure to correct violations. If a failure to correct violation is found, no reduction for good faith may be applied to any of the violations found during the same inspection.

(F) The employer is issued a safety order under abatement verification for failure to certify abatement.

(G) The employer is issued a safety order under abatement verification for failure to notify employees and tagging movable equipment.

(H) The employer has no safety and health management system, or there are major deficiencies in the program.

(I) The employer failed to report a fatality, an inpatient hospitalization, an amputation, or the loss of an eye under the requirements of 29 CFR 1904.39.

(2) A good faith reduction is permitted as follows:

(A) A twenty-five percent (25%) reduction for good faith normally requires a written safety and health management system. In exceptional cases, CSHOs may recommend a full twenty-five percent (25%) reduction for employers, with one (1) to twenty-five (25) employees, that have carried out an effective safety and health management system, but have not documented it in writing. To qualify for this reduction, the employer's safety and health management system must provide:

(i) appropriate management commitment and employee involvement;

(ii) worksite analysis for the purpose of hazard identification;

(iii) hazard prevention and control measures;

(iv) safety and health training;

(v) where young persons less than eighteen (18) years of age are employed, the CSHO's evaluation must consider whether the employer's safety and health management system appropriately addresses the particular needs of those employees, relative to the types of work they perform and potential hazards to which they may be exposed; and

(vi) where persons who speak limited or no English are employed, the CSHO's evaluation must consider whether the employer's safety and health management system appropriately addresses the particular needs of those employees, relative to the types of work they perform and potential hazards to which they may be exposed.

(B) A fifteen percent (15%) reduction for good faith is normally given if the employer has a documented and effective safety and health management system, with only incidental deficiencies.

(C) Only fifteen percent (15%) and twenty-five percent (25%) may be used to reduce penalties due to the employer's good faith.

(g) A penalty reduction of not more than seventy percent (70%) is permitted for small employers and eighty percent (80%) for serious knowing violations under Table 4-5 in section 5 of this rule. The size of the employer is calculated based on the maximum number of employees of an employer at all workplaces nationwide at any one (1) time during the previous twelve (12) months.

(h) Reduction for size may not be given for an alleged violation that could have reasonably contributed to a fatal incident.

(i) The rates of size reduction to be applied are as follows:

Table 4-3: Size Reduction

(j) When an employer with one (1) to twenty-five (25) employees has at least one (1) serious violation of high gravity or multiple serious violations of moderate gravity showing a lack of concern for employee safety and health, the CSHO may recommend that only a partial reduction in penalty may be permitted for size. If the division director approves the partial reduction, the justification is to be fully explained in the case file.

(k) The total size reduction normally equals the sum of the reductions for each factor. The following table gives an overview of the percent of penalty reductions that apply to serious, nonserious, and repeat violations, and may be used for determining appropriate reduced penalties for serious and nonserious violations:

Table 4-4: Penalty Table

(l) Starred figures (*) in Table 4-4 represent penalty amounts not normally proposed for high gravity serious violations because no reduction for good faith is made in those cases. These amounts may occasionally apply to nonserious violations where the division director has determined a high unreduced penalty amount to be warranted.

(Department of Labor; 610 IAC 9-4-3; filed May 19, 2025, 10:19 a.m.: 20250618-IR-610250159FRA)

610 IAC 9-4-4 610 IAC 9-4-4 Repeat violations

610 IAC 9-4-4 Repeat violations

Authority: IC 22-1-1; IC 22-8-1.1-27.1

Affected: IC 22-8-1.1

Sec. 4. (a) Repeat violations must be evaluated as serious or nonserious, based on current workplace conditions, and not on hazards found in an earlier case.

(b) A GBP must be calculated for repeat violations based on facts noted during the current inspection.

(c) Only the reduction factor for size, appropriate to the facts at the time of the reinspection, may be applied.

(d) The amount of an increase to a proposed penalty for repeat violations is determined by the size of the employer's business as follows:

(1) For small employers with not more than two hundred fifty (250) employees nationwide, the GBP is multiplied by a factor of two (2) for the first repeat violation and five (5) for the second repeat violation. The GBP may be multiplied by ten (10) in cases where the division director determines that it is necessary to achieve the deterrent effect. The reasons for imposing a high multiplier factor must be explained in the case file.

(2) For large employers with more than two hundred fifty (250) employees nationwide, the GBP is multiplied by a factor of five (5) for the first repeat violation and ten (10) for the second repeat violation.

(e) For a repeat, nonserious violation that otherwise has no initial penalty, a GBP penalty of two hundred dollars ($200) is proposed for the first repeat violation, five hundred dollars ($500) for the second repeat violation, and one thousand dollars ($1,000) for a third repeat violation. These penalties are not subject to the penalty increase factors discussed in subsection (d).

(f) For repeated instances of regulatory violations, the initial penalty is multiplied by two (2) for the first repeat violation and five (5) for the second repeat violation. If the division director determines that it is necessary to achieve the proper deterrent effect, the initial penalty may be multiplied by ten (10).

(Department of Labor; 610 IAC 9-4-4; filed May 19, 2025, 10:19 a.m.: 20250618-IR-610250159FRA)

610 IAC 9-4-5 610 IAC 9-4-5 Knowing violations

610 IAC 9-4-5 Knowing violations

Authority: IC 22-1-1; IC 22-8-1.1-27.1

Affected: IC 22-8-1.1

Sec. 5. (a) Knowing violations are classified as serious or nonserious. There may be no reduction for good faith, and the total penalty, after reductions, may not be less than the statutory minimum.

(b) The reduction factors for size for serious knowing violations are applied as shown in the following table. This chart helps lessen the impact of large penalties for small employers with not more than fifty (50) employees. For violations that are not serious knowing, Table 4-4 in section 3 of this rule is used:

Table 4-5: Serious Knowing Penalty Reductions

(c) The reduction factor for history is applied, and the proposed penalty determined, from the following table:

Table 4-6: Penalties to be Proposed for Serious Knowing Violations

(d) For regulatory violations determined to be knowing, the GBP penalty is multiplied by ten (10).

(Department of Labor; 610 IAC 9-4-5; filed May 19, 2025, 10:19 a.m.: 20250618-IR-610250159FRA)

610 IAC 9-4-6 610 IAC 9-4-6 Failure to correct violations

610 IAC 9-4-6 Failure to correct violations

Authority: IC 22-1-1; IC 22-8-1.1-27.1

Affected: IC 22-8-1.1-35.6

Sec. 6. (a) Failure to correct penalties are proposed when:

(1) a previous safety order issued to an employer has become a final order under IC 22-8-1.1-35.6(a); and

(2) the condition, hazard, or practice found on reinspection is the same for which the employer was originally issued a safety order and has never been corrected by the employer, meaning the violation has been continuous.

(b) A GBP for unabated violations is to be calculated for failure to correct a serious or nonserious violation based on the facts noted on reinspection. This recalculated GBP, however, may not be less than that proposed for the item when originally issued. The division director may reduce or eliminate the daily proposed penalty when the CSHO believes and documents in the case file that the employer has made a good faith effort to correct the violation and had an objectively reasonable belief that it was fully abated.

(c) Egregious cases are handled under the OSHA CPL 02-00-080, Handling of Cases to be Proposed for Violation-By-Violation Penalties, dated October 21, 1990.

(d) In instances where no penalty was initially proposed, an appropriate penalty shall be determined after consulting with the division director. In no case may the GBP be less than one thousand dollars ($1,000) per day.

(e) Only the reduction factor for size, based on the circumstances noted during the reinspection, may be applied to arrive at the daily proposed penalty.

(f) The daily proposed penalty is multiplied by the number of calendar days the violation has continued unabated, except as follows:

(1) The number of days unabated are counted from the day after the abatement date specified in the safety order or final order. This must include the calendar days between that date and the date of reinspection, excluding the date of reinspection.

(2) Normally, the maximum proposed penalty for failure to correct a particular violation may not exceed thirty (30) times the amount of the daily proposed penalty.

(3) At the discretion of the division director, a lesser penalty may be proposed. The reasoning for the lesser penalty must be fully explained (e.g., achievement of an appropriate deterrent effect) in the case file.

(4) If a penalty exceeding the normal maximum amount of thirty (30) times the amount of the daily proposed penalty is considered necessary by the division director to deter continued nonabatement, the case shall be treated under the violation-by-violation or egregious penalty procedures established in the OSHA CPL 02-00-080, Handling of Cases to be Proposed for Violation-By-Violation Penalties, dated October 21, 1990.

(g) When a safety order has been partially abated, the division director may authorize a reduction of twenty-five percent (25%) to seventy-five percent (75%) to the amount of the proposed penalty calculated as outlined in subsection (f).

(h) When a violation consists of multiple instances and the follow-up inspection reveals that only some instances of the violation have been corrected, the additional daily proposed penalty must take into consideration the extent of the abatement efforts.

(i) When an employer continues to fail to correct a violation and it becomes appropriate to issue a second failure to correct violation for the same hazard, there may be no reduction in penalty, and the penalty is issued at seven thousand dollars ($7,000) per day for not more than thirty (30) days.

(Department of Labor; 610 IAC 9-4-6; filed May 19, 2025, 10:19 a.m.: 20250618-IR-610250159FRA)

610 IAC 9-4-7 610 IAC 9-4-7 Part 1903 and Part 1904 regulatory requirements

610 IAC 9-4-7 Part 1903 and Part 1904 regulatory requirements

Authority: IC 22-1-1; IC 22-8-1.1-27.1

Affected: IC 22-8-1.1

Sec. 7. (a) GBPs for regulatory violations, including posting requirements, may be reduced for size and history, excluding knowing violations.

(b) Penalties for violating posting requirements are proposed as follows:

(1) The GBP for an alleged nonserious violation of the IOSHA/OSHA notice posting requirement found in 29 CFR 1903.2(a) is one thousand dollars ($1,000).

(2) The GBP for an alleged nonserious violation of the safety order posting requirement found in 29 CFR 1903.16 is three thousand dollars ($3,000).

(c) Penalties for abatement verification regulation violations are proposed as follows:

(1) A penalty for failing to submit abatement certification documents under 29 CFR 1903.19(c)(1) is one thousand dollars ($1,000), reduced only for size.

(2) No good faith or history reduction shall be given to employers when proposing penalties for any 1903.19 violations. Only the reduction factor for size applies.

(3) A penalty for failure to submit abatement verification documents may not exceed the penalty for the entire original safety order.

(4) Penalties for not notifying employees and tagging movable equipment under 29 CFR 1903.19, specifically paragraphs (g)(1), (g)(2), (g)(4), (i)(1), (i)(2), (i)(3), (i)(5), and (i)(6), follow the same penalty structure as for failing to post a safety order, using a GBP of three thousand dollars ($3,000).

(d) Penalties for injury and illness records and reporting violations are proposed as follows:

(1) Violations of 29 CFR 1904 are always nonserious.

(2) Repeat and knowing penalty rules may be applied to record keeping violations.

(3) The egregious penalty rules may be applied to record keeping violations.

(4) The unadjusted penalty for a reporting violation is normally five thousand dollars ($5,000). If the director determines that it is appropriate to achieve the necessary deterrent effect, the unadjusted penalty may be seven thousand dollars ($7,000). Good faith penalty reductions are not allowed for failures to report.

(Department of Labor; 610 IAC 9-4-7; filed May 19, 2025, 10:19 a.m.: 20250618-IR-610250159FRA)

610 IAC 9-4-8 610 IAC 9-4-8 Failure to provide access to medical and exposure records

610 IAC 9-4-8 Failure to provide access to medical and exposure records

Authority: IC 22-1-1; IC 22-8-1.1-27.1

Affected: IC 22-8-1.1

Sec. 8. (a) If an employer is issued a safety order for failing to provide access to records as required under 29 CFR 1910.1020 for inspection and copying by:

(1) an employee;

(2) a former employee; or

(3) an authorized representative of employees;

a GBP of one thousand dollars ($1,000) is normally proposed for each record (i.e., either medical record or exposure record, on an individual employee basis). A maximum GBP of seven thousand dollars ($7,000) may be proposed for these violations.

(b) This does not preclude the use of violation-by-violation or per employee penalties where higher penalties are appropriate.

(Department of Labor; 610 IAC 9-4-8; filed May 19, 2025, 10:19 a.m.: 20250618-IR-610250159FRA)