As Passed by the Senate 1
123rd General Assembly 4
Regular Session Am. 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- 12
SENATORS HOTTINGER-NEIN-JOHNSON-MUMPER-SPADA
_________________________________________________________________ 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
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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, PROVIDED THAT AN 59
EMPLOYEE IS GIVEN OR HAS BEEN GIVEN NOTICE THAT THE RESULTS OF, 60
OR THE EMPLOYEE'S REFUSAL TO SUBMIT TO, ANY CHEMICAL TEST 61
DESCRIBED UNDER THIS DIVISION MAY AFFECT THE EMPLOYEE'S 62
ELIGIBILITY FOR COMPENSATION AND BENEFITS PURSUANT TO THIS
CHAPTER AND CHAPTER 4121. OF THE REVISED CODE, THERE IS A 64
REBUTTABLE PRESUMPTION THAT AN EMPLOYEE IS INTOXICATED OR UNDER 65
THE INFLUENCE OF A CONTROLLED SUBSTANCE NOT PRESCRIBED BY A
PHYSICIAN AND THAT BEING INTOXICATED OR UNDER THE INFLUENCE OF A 66
CONTROLLED SUBSTANCE NOT PRESCRIBED BY A PHYSICIAN IS THE 67
PROXIMATE CAUSE OF AN INJURY WHEN ANY ONE OR MORE OF THE 68
FOLLOWING IS TRUE: 69
(1) THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED 71
WITHIN EIGHT HOURS OF AN INJURY, IS DETERMINED TO HAVE AN ALCOHOL 72
CONCENTRATION LEVEL EQUAL TO OR IN EXCESS OF THE LEVELS 73
ESTABLISHED IN DIVISIONS (A)(2) TO (7) OF SECTION 4511.19 OF THE 74
REVISED CODE; 75
(2) THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED 77
WITHIN THIRTY-TWO HOURS OF AN INJURY, IS DETERMINED TO HAVE ONE 78
OF THE FOLLOWING CONTROLLED SUBSTANCES NOT PRESCRIBED BY THE 79
EMPLOYEE'S PHYSICIAN IN THE EMPLOYEE'S SYSTEM THAT TESTS ABOVE 80
THE FOLLOWING LEVELS IN AN ENZYME MULTIPLIED IMMUNOASSAY 81
TECHNIQUE SCREENING TEST AND ABOVE THE LEVELS ESTABLISHED IN 82
DIVISION (B)(3) OF THIS SECTION IN A GAS CHROMATOGRAPHY MASS 83
SPECTROMETRY TEST:
(a) FOR AMPHETAMINES, ONE THOUSAND NANOGRAMS PER 85
MILLILITER OF URINE; 86
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(b) FOR CANNABINOIDS, FIFTY NANOGRAMS PER MILLILITER OF 88
URINE; 89
(c) FOR COCAINE, INCLUDING CRACK COCAINE, THREE HUNDRED 91
NANOGRAMS PER MILLILITER OF URINE; 93
(d) FOR OPIATES, TWO THOUSAND NANOGRAMS PER MILLILITER OF 95
URINE; 96
(e) FOR PHENCYCLIDINE, TWENTY-FIVE NANOGRAMS PER 98
MILLILITER OF URINE. 99
(3) THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED 101
WITHIN THIRTY-TWO HOURS OF AN INJURY, IS DETERMINED TO HAVE ONE 102
OF THE FOLLOWING CONTROLLED SUBSTANCES NOT PRESCRIBED BY THE 103
EMPLOYEE'S PHYSICIAN IN THE EMPLOYEE'S SYSTEM THAT TESTS ABOVE 104
THE FOLLOWING LEVELS BY A GAS CHROMATOGRAPHY MASS SPECTROMETRY 105
TEST:
(a) FOR AMPHETAMINES, FIVE HUNDRED NANOGRAMS PER 107
MILLILITER OF URINE; 108
(b) FOR CANNABINOIDS, FIFTEEN NANOGRAMS PER MILLILITER OF 110
URINE; 111
(c) FOR COCAINE, INCLUDING CRACK COCAINE, ONE HUNDRED 113
FIFTY NANOGRAMS PER MILLILITER OF URINE; 114
(d) FOR OPIATES, TWO THOUSAND NANOGRAMS PER MILLILITER OF 116
URINE; 117
(e) FOR PHENCYCLIDINE, TWENTY-FIVE NANOGRAMS PER 119
MILLILITER OF URINE. 120
(4) THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED 122
WITHIN THIRTY-TWO HOURS OF AN INJURY, IS DETERMINED TO HAVE 123
BARBITURATES, BENZODIAZEPINES, METHADONE, OR PROPOXYPHENE IN THE 124
EMPLOYEE'S SYSTEM THAT TESTS ABOVE LEVELS ESTABLISHED BY 125
LABORATORIES CERTIFIED BY THE UNITED STATES DEPARTMENT OF HEALTH 126
AND HUMAN SERVICES.
(5) THE EMPLOYEE REFUSES TO SUBMIT TO A REQUESTED CHEMICAL 128
TEST.
Whenever, with respect to an employee of an employer who is 130
subject to and has complied with this chapter, there is 131
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possibility of conflict with respect to the application of 132
workers' compensation laws because the contract of employment is 133
entered into and all or some portion of the work is or is to be 134
performed in a state or states other than Ohio, the employer and 135
the employee may agree to be bound by the laws of this state or 136
by the laws of some other state in which all or some portion of 137
the work of the employee is to be performed. The agreement shall 138
be in writing and shall be filed with the bureau of workers' 139
compensation within ten days after it is executed and shall 140
remain in force until terminated or modified by agreement of the 141
parties similarly filed. If the agreement is to be bound by the 142
laws of this state and the employer has complied with this 143
chapter, then the employee is entitled to compensation and 144
benefits regardless of where the injury occurs or the disease is 145
contracted and the rights of the employee and his THE EMPLOYEE'S 146
dependents under the laws of this state are the exclusive remedy 148
against the employer on account of injury, disease, or death in 149
the course of and arising out of his THE EMPLOYEE'S employment. 150
If the agreement is to be bound by the laws of another state and 152
the employer has complied with the laws of that state, the rights 153
of the employee and his THE EMPLOYEE'S dependents under the laws 155
of that state are the exclusive remedy against the employer on 156
account of injury, disease, or death in the course of and arising 157
out of his THE EMPLOYEE'S employment without regard to the place 160
where the injury was sustained or the disease contracted. 161
If any employee or his THE EMPLOYEE'S dependents are 163
awarded workers' compensation benefits or recover damages from 165
the employer under the laws of another state, the amount awarded 166
or recovered, whether paid or to be paid in future installments, 167
shall be credited on the amount of any award of compensation or 168
benefits made to the employee or his THE EMPLOYEE'S dependents by 169
the bureau. 170
If an employee is a resident of a state other than this 172
state and is insured under the workers' compensation law or 173
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similar laws of a state other than this state, the employee and 174
his THE EMPLOYEE'S dependents are not entitled to receive 175
compensation or benefits under this chapter, on account of 177
injury, disease, or death arising out of or in the course of 178
employment while temporarily within this state, and the rights of 179
the employee and his THE EMPLOYEE'S dependents under the laws of 180
the other state are the exclusive remedy against the employer on 181
account of the injury, disease, or death. 182
Compensation or benefits are not payable to a claimant 184
during the period of confinement of the claimant in any state or 185
federal correctional institution whether in this or any other 186
state for conviction of violation of any state or federal 187
criminal law.
Section 2. That existing section 4123.54 of the Revised 189
Code is hereby repealed. 190