As Introduced 1
123rd General Assembly 4
Regular Session H.B. No. 87 5
1999-2000 6
REPRESENTATIVES BATEMAN-THOMAS 8
A B I L L
To enact sections 4777.01, 4777.02, 4777.03, 10
4777.04, 4777.05, and 4777.99 of the Revised Code 11
to prohibit persons from using certain titles 12
relating to the practice of occupational safety 13
or the practice of industrial hygiene unless they 14
meet specified requirements, to establish those 15
requirements, and to generally prohibit political 16
subdivisions from restricting the practice of 17
occupational safety or of industrial hygiene by 19
those who meet specified requirements. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 4777.01, 4777.02, 4777.03, 24
4777.04, 4777.05, and 4777.99 of the Revised Code be enacted to 25
read as follows:
Sec. 4777.01. AS USED IN THIS CHAPTER: 27
(A) "THE PRACTICE OF INDUSTRIAL HYGIENE" MEANS THE 30
ANTICIPATION, PREVENTION, RECOGNITION, EVALUATION, ELIMINATION, 31
AND CONTROL OF ENVIRONMENTAL, BIOLOGICAL, CHEMICAL, PHYSICAL, AND 32
ERGONOMIC FACTORS AND STRESSES ARISING IN OR FROM THE WORKPLACE 33
THAT MAY CAUSE SICKNESS, IMPAIRED HEALTH AND WELL-BEING, OR 34
SIGNIFICANT DISCOMFORT AMONG WORKERS OR THE GENERAL PUBLIC. 35
(B) "CERTIFIED INDUSTRIAL HYGIENIST" OR "CIH" MEANS A 39
PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (A) OF SECTION 40
4777.03 OF THE REVISED CODE.
(C) "INDUSTRIAL HYGIENIST IN TRAINING" OR "IHIT" MEANS A 43
PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (B) OF SECTION 45
2
4777.03 OF THE REVISED CODE.
(D) "THE PRACTICE OF OCCUPATIONAL SAFETY" MEANS THE 48
PRESERVATION OF HUMAN AND MATERIAL RESOURCES THROUGH THE 49
SYSTEMATIC APPLICATION OF EDUCATION, CHEMISTRY, PHYSICS, 50
BIOLOGICAL, ERGONOMIC, PSYCHOLOGICAL, PHYSIOLOGICAL, AND 51
MANAGEMENT PRINCIPLES FOR ANTICIPATING, IDENTIFYING, AND 52
EVALUATING HAZARDOUS SYSTEMS, CONDITIONS, AND PRACTICES IN THE 53
WORKPLACE AND DEVELOPING, IMPLEMENTING, AND ADMINISTERING 54
PROGRAMS TO ALLEVIATE THOSE HAZARDS. 55
(E) "CERTIFIED SAFETY PROFESSIONAL" OR "CSP" MEANS A 58
PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (C) OF SECTION 60
4777.03 OF THE REVISED CODE.
(F) "ASSOCIATE SAFETY PROFESSIONAL" OR "ASP" MEANS A 63
PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (D) OF SECTION 65
4777.03 OF THE REVISED CODE.
Sec. 4777.02. NO PERSON SHALL ASSUME OR USE THE TITLE OR 68
DESIGNATION "CERTIFIED INDUSTRIAL HYGIENIST," "INDUSTRIAL 69
HYGIENIST IN TRAINING," "CERTIFIED SAFETY PROFESSIONAL," OR 71
"ASSOCIATE SAFETY PROFESSIONAL," ANY OF THE ABBREVIATIONS "CIH," 73
"IHIT," "CSP," OR "ASP," OR ANY OTHER TITLE, DESIGNATION, WORDS, 75
LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE INDICATING THAT THE 76
PERSON IS QUALIFIED TO HOLD HIMSELF OR HERSELF OUT AS ONE OF 77
THOSE PERSONS UNLESS THE PERSON MEETS THE APPLICABLE REQUIREMENTS 78
SPECIFIED IN SECTION 4777.03 OF THE REVISED CODE.
Sec. 4777.03. (A) TO ENGAGE IN THE PRACTICE OF INDUSTRIAL 81
HYGIENE AS A CERTIFIED INDUSTRIAL HYGIENIST, A PERSON SHALL 82
POSSESS A VALID, UNEXPIRED CERTIFICATION FROM THE AMERICAN BOARD 84
OF INDUSTRIAL HYGIENE.
(B) TO ENGAGE IN THE PRACTICE OF INDUSTRIAL HYGIENE AS AN 87
INDUSTRIAL HYGIENIST IN TRAINING, A PERSON SHALL POSSESS A VALID, 88
UNEXPIRED CERTIFICATION FROM THE AMERICAN BOARD OF INDUSTRIAL 90
HYGIENE.
(C) TO ENGAGE IN THE PRACTICE OF OCCUPATIONAL SAFETY AS A 93
CERTIFIED SAFETY PROFESSIONAL, A PERSON SHALL POSSESS A VALID, 94
3
UNEXPIRED CERTIFICATION FROM THE BOARD OF CERTIFIED SAFETY 95
PROFESSIONALS. 96
(D) TO ENGAGE IN THE PRACTICE OF OCCUPATIONAL SAFETY AS AN 99
ASSOCIATE SAFETY PROFESSIONAL, A PERSON SHALL POSSESS A VALID, 100
UNEXPIRED CERTIFICATION FROM THE BOARD OF CERTIFIED SAFETY 101
PROFESSIONALS.
Sec. 4777.04. THIS CHAPTER DOES NOT APPLY TO ANY OF THE 104
FOLLOWING:
(A) A PERSON WORKING AS AN APPRENTICE UNDER THE 106
SUPERVISION OF A CERTIFIED INDUSTRIAL HYGIENIST, CERTIFIED SAFETY 108
PROFESSIONAL, OR ASSOCIATE SAFETY PROFESSIONAL; 110
(B) A PERSON ENGAGING IN THE SUPERVISED PRACTICE OF 112
INDUSTRIAL HYGIENE OR THE PRACTICE OF OCCUPATIONAL SAFETY THROUGH 114
A COURSE OF STUDY IN THAT PRACTICE;
(C) A PERSON WHO HOLDS A CERTIFICATION, REGISTRATION, OR 116
LICENSE UNDER ANOTHER SECTION OF THE REVISED CODE IF THAT PERSON 117
DOES NOT VIOLATE SECTION 4777.02 OF THE REVISED CODE. 118
(D) A PERSON ENGAGING IN ACTIVITIES WITHIN THE SCOPE OF 120
THE PRACTICE OF INDUSTRIAL HYGIENE OR THE PRACTICE OF 121
OCCUPATIONAL SAFETY WHO DOES NOT MEET THE REQUIREMENTS SPECIFIED 122
IN SECTION 4777.03 OF THE REVISED CODE IF THAT PERSON DOES NOT 123
VIOLATE SECTION 4777.02 OF THE REVISED CODE. 124
Sec. 4777.05. NO POLITICAL SUBDIVISION SHALL PROHIBIT OR 126
RESTRICT THE PRACTICE OF INDUSTRIAL HYGIENE OR THE PRACTICE OF 127
OCCUPATIONAL SAFETY BY INDIVIDUALS WHO MEET THE REQUIREMENTS OF 128
SECTION 4777.03 OF THE REVISED CODE EXCEPT WHERE PERMITTED TO DO 130
SO BY ANOTHER SECTION OF THE REVISED CODE TO REGULATE A SPECIFIC
ACTIVITY THAT FALLS WITHIN THE SCOPE OF THE PRACTICE OF 131
INDUSTRIAL HYGIENE OR THE PRACTICE OF OCCUPATIONAL SAFETY. 133
Sec. 4777.99. WHOEVER VIOLATES SECTION 4777.02 OF THE 135
REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE. 137