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Pending Fire Protection Legislation
House Bill 1144 effective July 1, 2006 is no longer under consideration. Some of the new code language stressed the importance of inspection, testing and maintenance of water-based fire protection and fire alarm systems. Criminal prosecution for worker injuries was permissible under this legislation. We will watch for the reintroduction of this bill in the future.
This bill would have held employers personally and legally accountable for injuries to employees due to the reckless actions of the employer in regards to fire protection and safety.
The OSHA Standard (IOSHA adopts this standard):
Part Number:
1910
Part Title:
Occupational Safety and Health Standards
Subpart:
E
Subpart Title:
Exit Routes, Emergency Action Plans, and Fire Prevention Plans
Standard Number:
1910.37
Title:
Maintenance, safeguards, and operational features for exit routes.
1910.37(a)(4):
Safeguards designed to protect employees during an emergency (e.g., sprinkler systems, alarm systems, fire doors, exit lighting) must be in proper working order at all times.
The following is a synopsis of the bill that amends the Indiana Code concerning labor and safety:
The new wording, effective July 1, 2006, in the Indiana Code Section 3. IC 22-8-1.1-3.1 is amended to read as follows: Section 3.1. Every employer or agent of the employer shall comply with the occupational health and safety standards promulgated under this chapter, and pursuant to any directions in such standards, keep his the employees informed of their protections and obligations under the chapter, the hazards of the work place and suitable precautions, relevant symptoms and emergency treatment for such hazards.
Indiana House Bill 1144
Citations Affected: IC 22-8-1.1
Synopsis: Injuries to or death of an employee. Provides that certain employers or their agents that cause: (1) serious bodily injury to an employee as a result of a reckless violation of certain administrative rules commit a Class A misdemeanor; (2) serious bodily injury to an employee as a result of a knowing or intentional violation of certain administrative rules commit a Class A misdemeanor; (3) the death of an employee as a result of a reckless violation of certain administrative rules commit corporate manslaughter, a Class D felony; and (4) the death of an employee as result of a knowing or intentional violation of certain administrative rules commit corporate manslaughter, a Class C felony. Authorizes a private right of action for the failure to warn of certain conditions under the state occupational safety and health act. Makes conforming amendments.
Source:http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9725
Bill Musick, Director of Loss Control Services for The Hylant Group of Indianapolis, LLC had this to say about the possibility of this new law:
“Corporate Manslaughter sounds serious to me. As with all laws, we can’t guess how a future case might go. While it is not typically a good idea to make a business owner or manager feel threatened, this information may be helpful to convince people to have adequate inspection and maintenance of their fire protection systems.”
You may contact Bill Musick for loss control services at:
The Hylant Group
Phone: 317.817.5000
501 Congressional Boulevard
FAX: 317.817.5151
Suite 300
Email: Bill.Musick@Hylant.com
P.O. Box 1910
Carmel, IN 46032-1910
Hylant Group of Indianapolis, LLC was formerly Wells and Company and later Conseco Insurance. From Fortune 100 companies that span the globe, to local family held businesses, Hylant Group has been providing specially tailored, cost effective solutions for its clients’ unique business for nearly 70 years.
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