Section 610IAC9-2-8. Incorporation by reference

   (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.

Table 2
Occupational Safety and Health Act of 1970	Indiana Code section
§5	IC 22-8-1.1-2
§6	IC 22-8-1.1-15 and IC 22-8-1.1-15.1
§8(a)	IC 22-8-1.1-23.1 and IC 22-8-1.1-24.1
§10	IC 22-8-1.1-28.1, IC 22-8-1.1-28.2, IC 22-8-1.1-28.3, and IC 22-8-1.1-35.6
§11(c)	IC 22-8-1.1-38.1
§13(a)	IC 22-8-1.1-39.1
§15	IC 22-8-1.1-48.4
§17	IC 22-8-1.1-27.1

(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)