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
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(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
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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
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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