Indiana § 22-3-7-37 - Reports of disablements; penalties; venue

§ 22-3-7-37. Reports of disablements; penalties; venue

Sec. 37. (a) Every employer operating under the compensation provisions of this chapter shall keep a record of all disablements by occupational disease, fatal or otherwise, received by the employer's employees in the course of their employment and shall provide a copy of the record to the board upon request. Within seven (7) days after the employer's knowledge of the disablement, either actual, alleged, or reported under section 32 of this chapter, that causes the employee's death or the need for medical care beyond first aid, a report thereof shall be made in writing and mailed, or submitted electronically, to the employer's insurance carrier or, if the employer is self insured, to the worker's compensation board on blanks to be procured from the board for the purpose. The reporting requirements under this subsection are intended to be consistent with the recording requirements set out in the United States Occupational Safety and Health Administration (OSHA) regulations found at 29 CFR 1904.7. The insurance carrier shall mail the report to the worker's compensation board not later than seven (7) days after receipt or fourteen (14) days after the employer's knowledge of the occurrence, whichever is later. An employer or insurance carrier that fails to comply with this subsection is subject to a civil penalty under IC 22-3-4-15.

(b) The report shall contain the name, nature and location of the business of the employer, the name, age, sex, wages, occupation of the employee, the approximate dates between which exposure occurred, the nature and cause of the occupational disease, and such other information as may be required by the board.

(c) A person who violates this section commits a Class C misdemeanor.

(d) The venue of all criminal actions for the violation of this section lies in the county in which the employee was last exposed to the occupational disease causing disablement. The prosecuting attorney of the county shall prosecute these violations upon written request of the worker's compensation board. These shall be prosecuted in the name of the state.

Formerly: Acts 1937, c.69, s.30; Acts 1963, c.388, s.18. As amended by Acts 1978, P.L.2, SEC.2214; P.L.28-1988, SEC.63; P.L.170-1991, SEC.24; P.L.168-2011, SEC.16; P.L.204-2018, SEC.14.