As Introduced 1
123rd General Assembly 4
Regular Session S. B. No. 169 5
1999-2000 6
SENATOR WACHTMANN 8
_________________________________________________________________ 10
A B I L L
To amend section 4167.19 of the Revised Code to 12
eliminate the biennial safety inspection required 13
for a public employer that is exempt from the
Public Employment Risk Reduction Program and 14
substitute an optional inspection. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 4167.19 of the Revised Code be 18
amended to read as follows: 19
Sec. 4167.19. (A) A public employer, other than a state 28
agency, may apply to the administrator of the bureau of 30
employment services for an order exempting the public employer 31
from compliance with this chapter, except as provided in division 32
(K) of this section, if the public employer satisfies both of the 34
following criteria:
(1) The public employer is a member of a group that 36
qualifies for a group rating plan pursuant to division (A)(4) of 37
section 4123.29 of the Revised Code or the public employer's 39
premium rate is at least fifty per cent less than the base rate 40
for its workers' compensation premiums;
(2) The public employer establishes and maintains a safety 42
committee with both public employees and representatives of the 43
public employer as members if the public employer does not 44
qualify for a group rating plan. A public employer that employs 45
five or fewer public employees need not have a safety committee. 46
(B) The application shall be on a form prescribed by the 48
administrator and shall be transmitted to the administrator by 50
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certified mail, return receipt requested. The application shall 51
contain a certification of all of the following: 52
(1) The public employer has adopted an ordinance or 54
resolution requesting an exemption from this chapter; 56
(2) At least ten working days prior to passage of an 58
ordinance or resolution described in division (B)(1) of this 59
section, the public employer has informed its public employees of 60
the application by giving a copy of the application to the public 62
employee representative, if any; 63
(3) The public employer has informed its public employees 65
by posting a statement for thirty consecutive days giving a 67
summary of the application and specifying where a copy of the 68
application may be examined at the place or places where notices 69
to public employees are normally posted, and by any other
appropriate means of public employee notification; 70
(4) The public employer has informed its public employees 72
of their rights to a hearing under section 4167.15 of the Revised 74
Code.
The certification also shall contain a description of how 76
public employees have been informed of the application and of 77
their rights to a hearing.
(C) Except as provided in this section, the administrator 79
shall issue an order providing for an exemption if the public 81
employer meets the requirements of division (A) of this section 82
and files an application that meets the requirements of division 83
(B) of this section. 84
(D) The administrator shall not grant an exemption under 86
division (C) of this section until after the superintendent of 89
the division of safety and hygiene in the bureau of workers'
compensation conducts an employment risk reduction inspection of 90
the public employer's place of employment to determine the 91
presence of any hazardous or unsafe conditions. The 92
administrator shall not cite the public employer for a violation 94
of this chapter during this inspection. 95
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(E) The superintendent shall provide a copy of the report 97
of the inspection conducted pursuant to division (D) of this 98
section and any findings to the public employer. Within six 99
months after receipt of the report, the public employer shall 100
submit the report to the administrator, if the public employer 103
wishes to proceed with the exemption request. If the report does
not contain a description of any hazardous or unsafe conditions, 104
the administrator shall grant the public employer an exemption 106
from this chapter, except as provided in division (K) of this 107
section. If the report contains a description of any hazardous 109
or unsafe conditions, the public employer shall submit to the 110
administrator a plan that describes how it intends to remedy, 111
within a one-year period of time, the hazardous or unsafe 112
conditions.
Within thirty days after receipt of the plan from the 114
public employer, the administrator may approve or disapprove the 115
plan as submitted. If the administrator approves the plan as 117
submitted, the administrator shall grant the public employer an 119
exemption from this chapter, except as provided in division (K) 121
of this section.
If the administrator disapproves the plan, the 123
administrator shall return it and the reasons for its rejection 125
to the public employer. The public employer may submit a revised 126
plan, which corrects the deficiencies for which the original plan 127
was rejected, within thirty days after receipt of the disapproved 128
plan from the administrator. The administrator has thirty days 129
after receipt of the revised plan to review it, and if it 131
remedies the administrator's objections, to approve it and grant 132
the exemption. The public employer shall be exempted from this 133
chapter, except as provided in division (K) of this section, if 134
the administrator fails to act within the thirty-day period. 136
(F) Within ten working days after completing 138
implementation of the plan, the public employer shall certify to 139
the administrator, by certified mail, return receipt requested, 141
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that the hazardous or unsafe conditions have been abated. 142
If a public employer fails to complete the plan within the 144
one-year period of time, the administrator may do either of the 145
following: 146
(1) Terminate the exemption; 148
(2) Grant to the public employer a sixty-day extension to 150
the one-year period of time, provided that the administrator 151
determines that the public employer is making significant 153
progress in completing implementation of the plan.
The administrator shall terminate the exemption of a public 155
employer who does not complete implementation of the plan within 157
the sixty-day extension granted by the administrator under 158
division (F)(2) of this section.
(G) The administrator shall inspect a public employer's 160
place of employment immediately after either of the following 162
occur:
(1) A public employee of the public employer is killed due 165
to an incident that is related to the public employee's
employment; 166
(2) Three or more public employees of the public employer 168
are hospitalized due to an incident that is related to the public 170
employees' employment.
After reviewing the inspection report, the administrator 172
may require the public employer to submit to the administrator, 174
within a reasonable amount of time as determined by the 175
administrator, a plan that describes how the public employer 176
intends to remedy any conditions described in the report that the 178
administrator determines need to be remedied. 179
Nothing in this division constitutes the granting of a new 181
exemption for purposes of determining the seven-year expiration 182
date pursuant to division (H) of this section. 184
(H) Except as provided in division (F), an exemption 186
granted pursuant to this section expires seven years after the 188
date of its issuance. A public employer may apply for a 189
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subsequent exemption in the same manner provided in this section 190
for the grant of an original exemption.
(I) Each public employer granted an exemption under this 192
section shall MAY request the superintendent of the division of 193
safety and hygiene in the bureau of workers' compensation to 194
conduct a safety inspection of the public employer's place of 196
employment two years after the date the public employer is 197
granted the exemption and every two years thereafter ANY TIME 198
DURING THE EXEMPTION PERIOD. BASED ON THIS INSPECTION, THE
SUPERINTENDENT SHALL NOTE ANY HAZARDS OR UNSAFE CONDITIONS AND 199
RECOMMEND ABATEMENT OF THESE HAZARDS AND UNSAFE CONDITIONS. THE 200
SUPERINTENDENT SHALL PROVIDE A COPY OF THE REPORT OF THE 201
INSPECTION CONDUCTED PURSUANT TO THIS SECTION AND ANY RESULTING 202
RECOMMENDATIONS TO THE PUBLIC EMPLOYER. THE ADMINISTRATOR SHALL 203
NOT CITE THE PUBLIC EMPLOYER FOR A VIOLATION OF THIS CHAPTER DUE 204
TO A HAZARDOUS OR UNSAFE CONDITION IDENTIFIED BY THE
SUPERINTENDENT PURSUANT TO THIS INSPECTION. 205
(J) Notwithstanding any other provision of this chapter, a 207
public employer who meets the requirements of division (A) of 208
this section and files an application that meets the requirements 209
of division (B) of this section is not subject to this chapter, 210
except section 4167.06 of the Revised Code and division (G) of 211
this section, after the date on which the public employer meets 212
the requirements of division (A) of this section and files an 213
application that meets the requirements of division (B) of this 214
section until the administrator determines whether to grant the 216
exemption under this section.
(K) Nothing in this section limits, or shall be construed 219
as limiting, a public employee's rights as provided in section 220
4167.06 of the Revised Code. Nothing in this section limits, or 221
shall be construed as limiting, a public employer's right to 223
adopt reasonable safety rules and require a public employee's 224
compliance with those rules.
A public employer who is granted an exemption under this 226
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section shall not be exempt from divisions (G), (H), and (I) of 227
this section. 228
Section 2. That existing section 4167.19 of the Revised 230
Code is hereby repealed. 231