As Reported by the Senate Insurance, Commerce             2            

                       and Labor Committee                         2            

123rd General Assembly                                             5            

   Regular Session                            Sub. H. B. No. 122   6            

      1999-2000                                                    7            


     REPRESENTATIVES CATES-CORBIN-EVANS-HAINES-HOOD-MOTTLEY-       9            

       OLMAN-TIBERI-VAN VYVEN-VESPER-WILLAMOWSKI-COUGHLIN-         10           

    WILLIAMS-BUEHRER-YOUNG-HARRIS-HOOD-TERWILLEGER-CALLENDER-      11           

  BUCHY-DAMSCHRODER-WIDENER-AUSTRIA-JACOBSON-SENATOR HOTTINGER     12           


_________________________________________________________________   14           

                          A   B I L L                                           

             To amend section 4123.54 of the Revised Code to       15           

                provide a rebuttable presumption that the          16           

                proximate cause of an injury of an employee, who,  17           

                through a blood, breath, or urine test, tests      18           

                positive for the use of alcohol or a controlled    20           

                substance not prescribed by a physician, is the    21           

                alcohol or controlled substance.                   23           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That section 4123.54 of the Revised Code be      27           

amended to read as follows:                                        28           

      Sec. 4123.54.  (A)  Every employee, who is injured or who    37           

contracts an occupational disease, and the dependents of each      38           

employee who is killed, or dies as the result of an occupational   39           

disease contracted in the course of employment, wherever such      40           

injury has occurred or occupational disease has been contracted,   41           

provided the same were not:                                        42           

      (A)(1)  Purposely self-inflicted; or                         44           

      (B)(2)  Caused by the employee being intoxicated or under    46           

the influence of a controlled substance not prescribed by a        47           

physician where the intoxication or being under the influence of   48           

the controlled substance not prescribed by a physician was the     49           

proximate cause of the injury, is entitled to receive, either      50           

                                                          2      


                                                                 
directly from his THE EMPLOYEE'S self-insuring employer as         51           

provided in section 4123.35 of the Revised Code, or from the       53           

state insurance fund, the compensation for loss sustained on       54           

account of the injury, occupational disease, or death, and the     55           

medical, nurse, and hospital services and medicines, and the       56           

amount of funeral expenses in case of death, as are provided by    57           

this chapter.                                                                   

      (B)  FOR THE PURPOSE OF THIS SECTION, THERE IS A REBUTTABLE  60           

PRESUMPTION THAT AN EMPLOYEE IS INTOXICATED OR UNDER THE           61           

INFLUENCE OF A CONTROLLED SUBSTANCE NOT PRESCRIBED BY A PHYSICIAN  62           

AND THAT BEING INTOXICATED OR UNDER THE INFLUENCE OF A CONTROLLED  63           

SUBSTANCE NOT PRESCRIBED BY A PHYSICIAN IS THE PROXIMATE CAUSE OF  64           

AN INJURY WHEN ANY ONE OR MORE OF THE FOLLOWING IS TRUE:           65           

      (1)  THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED      67           

WITHIN EIGHT HOURS OF AN INJURY, IS DETERMINED TO HAVE AN ALCOHOL  68           

CONCENTRATION LEVEL EQUAL TO OR IN EXCESS OF THE LEVELS            69           

ESTABLISHED IN DIVISIONS (A)(2) TO (7) OF SECTION 4511.19 OF THE   70           

REVISED CODE;                                                      71           

      (2)  THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED      73           

WITHIN THIRTY-TWO HOURS OF AN INJURY, IS DETERMINED TO HAVE ONE    74           

OF THE FOLLOWING CONTROLLED SUBSTANCES NOT PRESCRIBED BY THE       75           

EMPLOYEE'S PHYSICIAN IN THE EMPLOYEE'S SYSTEM THAT TESTS ABOVE     76           

THE FOLLOWING LEVELS IN AN ENZYME MULTIPLIED IMMUNOASSAY           77           

TECHNIQUE SCREENING TEST AND ABOVE THE LEVELS ESTABLISHED IN       78           

DIVISION (B)(3) OF THIS SECTION IN A GAS CHROMATOGRAPHY MASS       79           

SPECTROMETRY TEST:                                                              

      (a)  FOR AMPHETAMINES, ONE THOUSAND NANOGRAMS PER            81           

MILLILITER OF URINE;                                               82           

      (b)  FOR CANNABINOIDS, FIFTY NANOGRAMS PER MILLILITER OF     84           

URINE;                                                             85           

      (c)  FOR COCAINE, INCLUDING CRACK COCAINE, THREE HUNDRED     87           

NANOGRAMS PER MILLILITER OF URINE;                                 89           

      (d)  FOR OPIATES, TWO THOUSAND NANOGRAMS PER MILLILITER OF   91           

URINE;                                                             92           

                                                          3      


                                                                 
      (e)  FOR PHENCYCLIDINE, TWENTY-FIVE NANOGRAMS PER            94           

MILLILITER OF URINE.                                               95           

      (3)  THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED      97           

WITHIN THIRTY-TWO HOURS OF AN INJURY, IS DETERMINED TO HAVE ONE    98           

OF THE FOLLOWING CONTROLLED SUBSTANCES NOT PRESCRIBED BY THE       99           

EMPLOYEE'S PHYSICIAN IN THE EMPLOYEE'S SYSTEM THAT TESTS ABOVE     100          

THE FOLLOWING LEVELS BY A GAS CHROMATOGRAPHY MASS SPECTROMETRY     101          

TEST:                                                                           

      (a)  FOR AMPHETAMINES, FIVE HUNDRED NANOGRAMS PER            103          

MILLILITER OF URINE;                                               104          

      (b)  FOR CANNABINOIDS, FIFTEEN NANOGRAMS PER MILLILITER OF   106          

URINE;                                                             107          

      (c)  FOR COCAINE, INCLUDING CRACK COCAINE, ONE HUNDRED       109          

FIFTY NANOGRAMS PER MILLILITER OF URINE;                           110          

      (d)  FOR OPIATES, TWO THOUSAND NANOGRAMS PER MILLILITER OF   112          

URINE;                                                             113          

      (e)  FOR PHENCYCLIDINE, TWENTY-FIVE NANOGRAMS PER            115          

MILLILITER OF URINE.                                               116          

      (4)  THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED      118          

WITHIN THIRTY-TWO HOURS OF AN INJURY, IS DETERMINED TO HAVE        119          

BARBITURATES, BENZODIAZEPINES, METHADONE, OR PROPOXYPHENE IN THE   120          

EMPLOYEE'S SYSTEM THAT TESTS ABOVE LEVELS ESTABLISHED BY           121          

LABORATORIES CERTIFIED BY THE UNITED STATES DEPARTMENT OF HEALTH   122          

AND HUMAN SERVICES.                                                             

      (5)  THE EMPLOYEE REFUSES TO SUBMIT TO A REQUESTED CHEMICAL  124          

TEST.                                                                           

      Whenever, with respect to an employee of an employer who is  126          

subject to and has complied with this chapter, there is            127          

possibility of conflict with respect to the application of         128          

workers' compensation laws because the contract of employment is   129          

entered into and all or some portion of the work is or is to be    130          

performed in a state or states other than Ohio, the employer and   131          

the employee may agree to be bound by the laws of this state or    132          

by the laws of some other state in which all or some portion of    133          

                                                          4      


                                                                 
the work of the employee is to be performed.  The agreement shall  134          

be in writing and shall be filed with the bureau of workers'       135          

compensation within ten days after it is executed and shall        136          

remain in force until terminated or modified by agreement of the   137          

parties similarly filed.  If the agreement is to be bound by the   138          

laws of this state and the employer has complied with this         139          

chapter, then the employee is entitled to compensation and         140          

benefits regardless of where the injury occurs or the disease is   141          

contracted and the rights of the employee and his THE EMPLOYEE'S   142          

dependents under the laws of this state are the exclusive remedy   144          

against the employer on account of injury, disease, or death in    145          

the course of and arising out of his THE EMPLOYEE'S employment.    146          

If the agreement is to be bound by the laws of another state and   148          

the employer has complied with the laws of that state, the rights  149          

of the employee and his THE EMPLOYEE'S dependents under the laws   151          

of that state are the exclusive remedy against the employer on     152          

account of injury, disease, or death in the course of and arising  153          

out of his THE EMPLOYEE'S employment without regard to the place   156          

where the injury was sustained or the disease contracted.          157          

      If any employee or his THE EMPLOYEE'S dependents are         159          

awarded workers' compensation benefits or recover damages from     161          

the employer under the laws of another state, the amount awarded   162          

or recovered, whether paid or to be paid in future installments,   163          

shall be credited on the amount of any award of compensation or    164          

benefits made to the employee or his THE EMPLOYEE'S dependents by  165          

the bureau.                                                        166          

      If an employee is a resident of a state other than this      168          

state and is insured under the workers' compensation law or        169          

similar laws of a state other than this state, the employee and    170          

his THE EMPLOYEE'S dependents are not entitled to receive          171          

compensation or benefits under this chapter, on account of         173          

injury, disease, or death arising out of or in the course of       174          

employment while temporarily within this state, and the rights of  175          

the employee and his THE EMPLOYEE'S dependents under the laws of   176          

                                                          5      


                                                                 
the other state are the exclusive remedy against the employer on   177          

account of the injury, disease, or death.                          178          

      Compensation or benefits are not payable to a claimant       180          

during the period of confinement of the claimant in any state or   181          

federal correctional institution whether in this or any other      182          

state for conviction of violation of any state or federal          183          

criminal law.                                                                   

      Section 2.  That existing section 4123.54 of the Revised     185          

Code is hereby repealed.                                           186