As Reported by House Commerce & Labor Committee 1
123rd General Assembly 4
Regular Session Am. H. B. No. 87 5
1999-2000 6
REPRESENTATIVES BATEMAN-THOMAS 8
_________________________________________________________________ 10
A B I L L
To enact sections 4777.01, 4777.02, 4777.03, 12
4777.04, 4777.05, and 4777.99 of the Revised Code 13
to prohibit persons from using certain titles 14
relating to the practice of occupational safety 15
or the practice of industrial hygiene unless they 16
meet specified requirements, to establish those 17
requirements, and to generally prohibit political 18
subdivisions from restricting the practice of 19
occupational safety or of industrial hygiene by 21
those who meet specified requirements. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 4777.01, 4777.02, 4777.03, 26
4777.04, 4777.05, and 4777.99 of the Revised Code be enacted to 27
read as follows:
Sec. 4777.01. AS USED IN THIS CHAPTER: 29
(A) "THE PRACTICE OF INDUSTRIAL HYGIENE" MEANS THE 32
ANTICIPATION, PREVENTION, RECOGNITION, EVALUATION, ELIMINATION, 33
AND CONTROL OF ENVIRONMENTAL, BIOLOGICAL, CHEMICAL, PHYSICAL, AND 34
ERGONOMIC FACTORS AND STRESSES ARISING IN OR FROM THE WORKPLACE 35
THAT MAY CAUSE SICKNESS, IMPAIRED HEALTH AND WELL-BEING, OR 36
SIGNIFICANT DISCOMFORT AMONG WORKERS OR THE GENERAL PUBLIC. 37
(B) "CERTIFIED INDUSTRIAL HYGIENIST" OR "CIH" MEANS A 41
PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (A) OF SECTION 42
4777.03 OF THE REVISED CODE.
(C) "INDUSTRIAL HYGIENIST IN TRAINING" OR "IHIT" MEANS A 45
PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (B) OF SECTION 47
2
4777.03 OF THE REVISED CODE.
(D) "THE PRACTICE OF OCCUPATIONAL SAFETY" MEANS THE 50
PRESERVATION OF HUMAN AND MATERIAL RESOURCES THROUGH THE 51
SYSTEMATIC APPLICATION OF EDUCATION, CHEMISTRY, PHYSICS, 52
BIOLOGICAL, ERGONOMIC, PSYCHOLOGICAL, PHYSIOLOGICAL, AND 53
MANAGEMENT PRINCIPLES FOR ANTICIPATING, IDENTIFYING, AND 54
EVALUATING HAZARDOUS SYSTEMS, CONDITIONS, AND PRACTICES IN THE 55
WORKPLACE AND DEVELOPING, IMPLEMENTING, AND ADMINISTERING 56
PROGRAMS TO ALLEVIATE THOSE HAZARDS. 57
(E) "CERTIFIED SAFETY PROFESSIONAL" OR "CSP" MEANS A 60
PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (C) OF SECTION 62
4777.03 OF THE REVISED CODE.
(F) "ASSOCIATE SAFETY PROFESSIONAL" OR "ASP" MEANS A 65
PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (D) OF SECTION 67
4777.03 OF THE REVISED CODE.
Sec. 4777.02. NO PERSON SHALL ASSUME OR USE THE TITLE OR 70
DESIGNATION "CERTIFIED INDUSTRIAL HYGIENIST," "INDUSTRIAL 71
HYGIENIST IN TRAINING," "CERTIFIED SAFETY PROFESSIONAL," OR 73
"ASSOCIATE SAFETY PROFESSIONAL," ANY OF THE ABBREVIATIONS "CIH," 75
"IHIT," "CSP," OR "ASP," OR ANY OTHER TITLE, DESIGNATION, WORDS, 77
LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE INDICATING THAT THE 78
PERSON IS QUALIFIED TO HOLD HIMSELF OR HERSELF OUT AS ONE OF 79
THOSE PERSONS UNLESS THE PERSON MEETS THE APPLICABLE REQUIREMENTS 80
SPECIFIED IN SECTION 4777.03 OF THE REVISED CODE.
Sec. 4777.03. (A) TO ENGAGE IN THE PRACTICE OF INDUSTRIAL 83
HYGIENE AS A CERTIFIED INDUSTRIAL HYGIENIST, A PERSON SHALL 84
POSSESS A VALID, UNEXPIRED CERTIFICATION FROM THE AMERICAN BOARD 86
OF INDUSTRIAL HYGIENE.
(B) TO ENGAGE IN THE PRACTICE OF INDUSTRIAL HYGIENE AS AN 89
INDUSTRIAL HYGIENIST IN TRAINING, A PERSON SHALL POSSESS A VALID, 90
UNEXPIRED CERTIFICATION FROM THE AMERICAN BOARD OF INDUSTRIAL 92
HYGIENE.
(C) TO ENGAGE IN THE PRACTICE OF OCCUPATIONAL SAFETY AS A 95
CERTIFIED SAFETY PROFESSIONAL, A PERSON SHALL POSSESS A VALID, 96
3
UNEXPIRED CERTIFICATION FROM THE BOARD OF CERTIFIED SAFETY 97
PROFESSIONALS. 98
(D) TO ENGAGE IN THE PRACTICE OF OCCUPATIONAL SAFETY AS AN 101
ASSOCIATE SAFETY PROFESSIONAL, A PERSON SHALL POSSESS A VALID, 102
UNEXPIRED CERTIFICATION FROM THE BOARD OF CERTIFIED SAFETY 103
PROFESSIONALS.
Sec. 4777.04. THIS CHAPTER DOES NOT APPLY TO ANY OF THE 106
FOLLOWING:
(A) A PERSON WORKING AS AN APPRENTICE UNDER THE 108
SUPERVISION OF A CERTIFIED INDUSTRIAL HYGIENIST, INDUSTRIAL 109
HYGIENIST IN TRAINING, CERTIFIED SAFETY PROFESSIONAL, OR 112
ASSOCIATE SAFETY PROFESSIONAL; 113
(B) A PERSON ENGAGING IN THE SUPERVISED PRACTICE OF 115
INDUSTRIAL HYGIENE OR THE PRACTICE OF OCCUPATIONAL SAFETY THROUGH 117
A COURSE OF STUDY IN THAT PRACTICE;
(C) A PERSON WHO HOLDS A CERTIFICATION, REGISTRATION, OR 119
LICENSE UNDER ANOTHER SECTION OF THE REVISED CODE IF THAT PERSON 120
DOES NOT VIOLATE SECTION 4777.02 OF THE REVISED CODE. 121
(D) A PERSON ENGAGING IN ACTIVITIES WITHIN THE SCOPE OF 123
THE PRACTICE OF INDUSTRIAL HYGIENE OR THE PRACTICE OF 124
OCCUPATIONAL SAFETY WHO DOES NOT MEET THE REQUIREMENTS SPECIFIED 125
IN SECTION 4777.03 OF THE REVISED CODE IF THAT PERSON DOES NOT 126
VIOLATE SECTION 4777.02 OF THE REVISED CODE. 127
Sec. 4777.05. NO POLITICAL SUBDIVISION SHALL PROHIBIT OR 129
RESTRICT THE PRACTICE OF INDUSTRIAL HYGIENE OR THE PRACTICE OF 130
OCCUPATIONAL SAFETY BY INDIVIDUALS WHO MEET THE REQUIREMENTS OF 131
SECTION 4777.03 OF THE REVISED CODE EXCEPT WHERE PERMITTED TO DO 133
SO BY ANOTHER SECTION OF THE REVISED CODE TO REGULATE A SPECIFIC
ACTIVITY THAT FALLS WITHIN THE SCOPE OF THE PRACTICE OF 134
INDUSTRIAL HYGIENE OR THE PRACTICE OF OCCUPATIONAL SAFETY. 136
Sec. 4777.99. WHOEVER VIOLATES SECTION 4777.02 OF THE 138
REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE. 140