As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 122 5
1999-2000 6
REPRESENTATIVES CATES-CORBIN-EVANS-HAINES-HOOD-MOTTLEY- 8
OLMAN-TIBERI-VAN VYVEN-VESPER-WILLAMOWSKI-COUGHLIN- 9
WILLIAMS-BUEHRER-YOUNG-HARRIS-HOOD-TERWILLEGER-CALLENDER- 10
BUCHY-DAMSCHRODER-WIDENER-AUSTRIA-JACOBSON 11
_________________________________________________________________ 12
A B I L L
To amend section 4123.54 of the Revised Code to 13
provide a rebuttable presumption that the 14
proximate cause of an injury of an employee, who, 15
through a blood, breath, or urine test, tests 16
positive for the use of alcohol or a controlled 18
substance not prescribed by a physician, is the 19
alcohol or controlled substance. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 4123.54 of the Revised Code be 25
amended to read as follows: 26
Sec. 4123.54. (A) Every employee, who is injured or who 35
contracts an occupational disease, and the dependents of each 36
employee who is killed, or dies as the result of an occupational 37
disease contracted in the course of employment, wherever such 38
injury has occurred or occupational disease has been contracted, 39
provided the same were not: 40
(A)(1) Purposely self-inflicted; or 42
(B)(2) Caused by the employee being intoxicated or under 44
the influence of a controlled substance not prescribed by a 45
physician where the intoxication or being under the influence of 46
the controlled substance not prescribed by a physician was the 47
proximate cause of the injury, is entitled to receive, either 48
directly from his THE EMPLOYEE'S self-insuring employer as 49
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provided in section 4123.35 of the Revised Code, or from the 51
state insurance fund, the compensation for loss sustained on 52
account of the injury, occupational disease, or death, and the 53
medical, nurse, and hospital services and medicines, and the 54
amount of funeral expenses in case of death, as are provided by 55
this chapter.
(B) FOR THE PURPOSE OF THIS SECTION, THERE IS A REBUTTABLE 58
PRESUMPTION THAT AN EMPLOYEE IS INTOXICATED OR UNDER THE 59
INFLUENCE OF A CONTROLLED SUBSTANCE NOT PRESCRIBED BY A PHYSICIAN 60
AND THAT BEING INTOXICATED OR UNDER THE INFLUENCE OF A CONTROLLED 61
SUBSTANCE NOT PRESCRIBED BY A PHYSICIAN IS THE PROXIMATE CAUSE OF 62
AN INJURY WHEN ANY ONE OR MORE OF THE FOLLOWING IS TRUE: 63
(1) THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED 65
WITHIN EIGHT HOURS OF AN INJURY, IS DETERMINED TO HAVE AN ALCOHOL 66
CONCENTRATION LEVEL EQUAL TO OR IN EXCESS OF THE LEVELS 67
ESTABLISHED IN DIVISIONS (A)(2) TO (7) OF SECTION 4511.19 OF THE 68
REVISED CODE; 69
(2) THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED 71
WITHIN THIRTY-TWO HOURS OF AN INJURY, IS DETERMINED TO HAVE ONE 72
OF THE FOLLOWING CONTROLLED SUBSTANCES NOT PRESCRIBED BY THE 73
EMPLOYEE'S PHYSICIAN IN THE EMPLOYEE'S SYSTEM THAT TESTS ABOVE 74
THE FOLLOWING LEVELS IN AN ENZYME MULTIPLIED IMMUNOASSAY 75
TECHNIQUE SCREENING TEST AND ABOVE THE LEVELS ESTABLISHED IN 76
DIVISION (B)(3) OF THIS SECTION IN A GAS CHROMATOGRAPHY MASS 77
SPECTROMETRY TEST:
(a) FOR AMPHETAMINES, ONE THOUSAND NANOGRAMS PER 79
MILLILITER OF URINE; 80
(b) FOR CANNABINOIDS, FIFTY NANOGRAMS PER MILLILITER OF 82
URINE; 83
(c) FOR COCAINE, INCLUDING CRACK COCAINE, THREE HUNDRED 85
NANOGRAMS PER MILLILITER OF URINE; 87
(d) FOR OPIATES, TWO THOUSAND NANOGRAMS PER MILLILITER OF 89
URINE; 90
(e) FOR PHENCYCLIDINE, TWENTY-FIVE NANOGRAMS PER 92
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MILLILITER OF URINE. 93
(3) THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED 95
WITHIN THIRTY-TWO HOURS OF AN INJURY, IS DETERMINED TO HAVE ONE 96
OF THE FOLLOWING CONTROLLED SUBSTANCES NOT PRESCRIBED BY THE 97
EMPLOYEE'S PHYSICIAN IN THE EMPLOYEE'S SYSTEM THAT TESTS ABOVE 98
THE FOLLOWING LEVELS BY A GAS CHROMATOGRAPHY MASS SPECTROMETRY 99
TEST:
(a) FOR AMPHETAMINES, FIVE HUNDRED NANOGRAMS PER 101
MILLILITER OF URINE; 102
(b) FOR CANNABINOIDS, FIFTEEN NANOGRAMS PER MILLILITER OF 104
URINE; 105
(c) FOR COCAINE, INCLUDING CRACK COCAINE, ONE HUNDRED 107
FIFTY NANOGRAMS PER MILLILITER OF URINE; 108
(d) FOR OPIATES, TWO THOUSAND NANOGRAMS PER MILLILITER OF 110
URINE; 111
(e) FOR PHENCYCLIDINE, TWENTY-FIVE NANOGRAMS PER 113
MILLILITER OF URINE. 114
(4) THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED 116
WITHIN THIRTY-TWO HOURS OF AN INJURY, IS DETERMINED TO HAVE 117
BARBITURATES, BENZODIAZEPINES, METHADONE, OR PROPOXYPHENE IN THE 118
EMPLOYEE'S SYSTEM THAT TESTS ABOVE LEVELS ESTABLISHED BY 119
LABORATORIES CERTIFIED BY THE UNITED STATES DEPARTMENT OF HEALTH 120
AND HUMAN SERVICES.
(5) THE EMPLOYEE REFUSES TO SUBMIT TO A REQUESTED CHEMICAL 122
TEST.
Whenever, with respect to an employee of an employer who is 124
subject to and has complied with this chapter, there is 125
possibility of conflict with respect to the application of 126
workers' compensation laws because the contract of employment is 127
entered into and all or some portion of the work is or is to be 128
performed in a state or states other than Ohio, the employer and 129
the employee may agree to be bound by the laws of this state or 130
by the laws of some other state in which all or some portion of 131
the work of the employee is to be performed. The agreement shall 132
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be in writing and shall be filed with the bureau of workers' 133
compensation within ten days after it is executed and shall 134
remain in force until terminated or modified by agreement of the 135
parties similarly filed. If the agreement is to be bound by the 136
laws of this state and the employer has complied with this 137
chapter, then the employee is entitled to compensation and 138
benefits regardless of where the injury occurs or the disease is 139
contracted and the rights of the employee and his THE EMPLOYEE'S 140
dependents under the laws of this state are the exclusive remedy 142
against the employer on account of injury, disease, or death in 143
the course of and arising out of his THE EMPLOYEE'S employment. 144
If the agreement is to be bound by the laws of another state and 146
the employer has complied with the laws of that state, the rights 147
of the employee and his THE EMPLOYEE'S dependents under the laws 149
of that state are the exclusive remedy against the employer on 150
account of injury, disease, or death in the course of and arising 151
out of his THE EMPLOYEE'S employment without regard to the place 154
where the injury was sustained or the disease contracted. 155
If any employee or his THE EMPLOYEE'S dependents are 157
awarded workers' compensation benefits or recover damages from 159
the employer under the laws of another state, the amount awarded 160
or recovered, whether paid or to be paid in future installments, 161
shall be credited on the amount of any award of compensation or 162
benefits made to the employee or his THE EMPLOYEE'S dependents by 163
the bureau. 164
If an employee is a resident of a state other than this 166
state and is insured under the workers' compensation law or 167
similar laws of a state other than this state, the employee and 168
his THE EMPLOYEE'S dependents are not entitled to receive 169
compensation or benefits under this chapter, on account of 171
injury, disease, or death arising out of or in the course of 172
employment while temporarily within this state, and the rights of 173
the employee and his THE EMPLOYEE'S dependents under the laws of 174
the other state are the exclusive remedy against the employer on 175
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account of the injury, disease, or death. 176
Compensation or benefits are not payable to a claimant 178
during the period of confinement of the claimant in any state or 179
federal correctional institution whether in this or any other 180
state for conviction of violation of any state or federal 181
criminal law.
Section 2. That existing section 4123.54 of the Revised 183
Code is hereby repealed. 184