As Reported by House Commerce and Labor Committee 1
123rd General Assembly 4
Regular Session Sub. S. B. No. 169 5
1999-2000 6
SENATORS WACHTMANN-SPADA-ARMBRUSTER-GARDNER-DRAKE- 9
REPRESENTATIVES BUEHRER-HOOD-YOUNG
_________________________________________________________________ 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 and to maintain 15
the provisions of this act on and after July 1,
2000, by amending the version of section 4167.19 16
of the Revised Code that takes effect on that 17
date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That section 4167.19 of the Revised Code be 20
amended to read as follows: 21
Sec. 4167.19. (A) A public employer, other than a state 30
agency, may apply to the administrator of the bureau of 32
employment services for an order exempting the public employer 33
from compliance with this chapter, except as provided in division 34
(K) of this section, if the public employer satisfies both of the 36
following criteria:
(1) The public employer is a member of a group that 38
qualifies for a group rating plan pursuant to division (A)(4) of 39
section 4123.29 of the Revised Code or the public employer's 41
premium rate is at least fifty per cent less than the base rate 42
for its workers' compensation premiums;
(2) The public employer establishes and maintains a safety 44
committee with both public employees and representatives of the 45
2
public employer as members if the public employer does not 46
qualify for a group rating plan. A public employer that employs 47
five or fewer public employees need not have a safety committee. 48
(B) The application shall be on a form prescribed by the 50
administrator and shall be transmitted to the administrator by 52
certified mail, return receipt requested. The application shall 53
contain a certification of all of the following: 54
(1) The public employer has adopted an ordinance or 56
resolution requesting an exemption from this chapter; 58
(2) At least ten working days prior to passage of an 60
ordinance or resolution described in division (B)(1) of this 61
section, the public employer has informed its public employees of 62
the application by giving a copy of the application to the public 64
employee representative, if any; 65
(3) The public employer has informed its public employees 67
by posting a statement for thirty consecutive days giving a 69
summary of the application and specifying where a copy of the 70
application may be examined at the place or places where notices 71
to public employees are normally posted, and by any other
appropriate means of public employee notification; 72
(4) The public employer has informed its public employees 74
of their rights to a hearing under section 4167.15 of the Revised 76
Code.
The certification also shall contain a description of how 78
public employees have been informed of the application and of 79
their rights to a hearing.
(C) Except as provided in this section, the administrator 81
shall issue an order providing for an exemption if the public 83
employer meets the requirements of division (A) of this section 84
and files an application that meets the requirements of division 85
(B) of this section. 86
(D) The administrator shall not grant an exemption under 88
division (C) of this section until after the superintendent of 91
the division of safety and hygiene in the bureau of workers'
3
compensation conducts an employment risk reduction inspection of 92
the public employer's place of employment to determine the 93
presence of any hazardous or unsafe conditions. The 94
administrator shall not cite the public employer for a violation 96
of this chapter during this inspection. 97
(E) The superintendent shall provide a copy of the report 99
of the inspection conducted pursuant to division (D) of this 100
section and any findings to the public employer. Within six 101
months after receipt of the report, the public employer shall 102
submit the report to the administrator, if the public employer 105
wishes to proceed with the exemption request. If the report does
not contain a description of any hazardous or unsafe conditions, 106
the administrator shall grant the public employer an exemption 108
from this chapter, except as provided in division (K) of this 109
section. If the report contains a description of any hazardous 111
or unsafe conditions, the public employer shall submit to the 112
administrator a plan that describes how it intends to remedy, 113
within a one-year period of time, the hazardous or unsafe 114
conditions.
Within thirty days after receipt of the plan from the 116
public employer, the administrator may approve or disapprove the 117
plan as submitted. If the administrator approves the plan as 119
submitted, the administrator shall grant the public employer an 121
exemption from this chapter, except as provided in division (K) 123
of this section.
If the administrator disapproves the plan, the 125
administrator shall return it and the reasons for its rejection 127
to the public employer. The public employer may submit a revised 128
plan, which corrects the deficiencies for which the original plan 129
was rejected, within thirty days after receipt of the disapproved 130
plan from the administrator. The administrator has thirty days 131
after receipt of the revised plan to review it, and if it 133
remedies the administrator's objections, to approve it and grant 134
the exemption. The public employer shall be exempted from this 135
4
chapter, except as provided in division (K) of this section, if 136
the administrator fails to act within the thirty-day period. 138
(F) Within ten working days after completing 140
implementation of the plan, the public employer shall certify to 141
the administrator, by certified mail, return receipt requested, 143
that the hazardous or unsafe conditions have been abated. 144
If a public employer fails to complete the plan within the 146
one-year period of time, the administrator may do either of the 147
following: 148
(1) Terminate the exemption; 150
(2) Grant to the public employer a sixty-day extension to 152
the one-year period of time, provided that the administrator 153
determines that the public employer is making significant 155
progress in completing implementation of the plan.
The administrator shall terminate the exemption of a public 157
employer who does not complete implementation of the plan within 159
the sixty-day extension granted by the administrator under 160
division (F)(2) of this section.
(G) The administrator shall inspect a public employer's 162
place of employment immediately after either of the following 164
occur:
(1) A public employee of the public employer is killed due 167
to an incident that is related to the public employee's
employment; 168
(2) Three or more public employees of the public employer 170
are hospitalized due to an incident that is related to the public 172
employees' employment.
After reviewing the inspection report, the administrator 174
may require the public employer to submit to the administrator, 176
within a reasonable amount of time as determined by the 177
administrator, a plan that describes how the public employer 178
intends to remedy any conditions described in the report that the 180
administrator determines need to be remedied. 181
Nothing in this division constitutes the granting of a new 183
5
exemption for purposes of determining the seven-year expiration 184
date pursuant to division (H) of this section. 186
(H) Except as provided in division (F), an exemption 188
granted pursuant to this section expires seven years after the 190
date of its issuance. A public employer may apply for a 191
subsequent exemption in the same manner provided in this section 192
for the grant of an original exemption.
(I) Each public employer granted an exemption under this 194
section shall MAY request the superintendent of the division of 195
safety and hygiene in the bureau of workers' compensation to 196
conduct a safety inspection of the public employer's place of 198
employment two years after the date the public employer is 199
granted the exemption and every two years thereafter ANY TIME 200
DURING THE EXEMPTION PERIOD. BASED ON THIS INSPECTION, THE
SUPERINTENDENT SHALL NOTE ANY HAZARDS OR UNSAFE CONDITIONS AND 201
RECOMMEND ABATEMENT OF THESE HAZARDS AND UNSAFE CONDITIONS. THE 202
SUPERINTENDENT SHALL PROVIDE A COPY OF THE REPORT OF THE 203
INSPECTION CONDUCTED PURSUANT TO THIS DIVISION AND ANY RESULTING 204
RECOMMENDATIONS TO THE PUBLIC EMPLOYER. THE ADMINISTRATOR SHALL 205
NOT CITE THE PUBLIC EMPLOYER FOR A VIOLATION OF THIS CHAPTER DUE 206
TO A HAZARDOUS OR UNSAFE CONDITION IDENTIFIED BY THE
SUPERINTENDENT PURSUANT TO THIS INSPECTION. 207
(J) Notwithstanding any other provision of this chapter, a 209
public employer who meets the requirements of division (A) of 210
this section and files an application that meets the requirements 211
of division (B) of this section is not subject to this chapter, 212
except section 4167.06 of the Revised Code and division (G) of 213
this section, after the date on which the public employer meets 214
the requirements of division (A) of this section and files an 215
application that meets the requirements of division (B) of this 216
section until the administrator determines whether to grant the 218
exemption under this section.
(K) Nothing in this section limits, or shall be construed 221
as limiting, a public employee's rights as provided in section 222
6
4167.06 of the Revised Code. Nothing in this section limits, or 223
shall be construed as limiting, a public employer's right to 225
adopt reasonable safety rules and require a public employee's 226
compliance with those rules.
A public employer who is granted an exemption under this 228
section shall not be exempt from divisions (G), (H), and (I) of 229
this section. 230
Section 2. That existing section 4167.19 of the Revised 232
Code is hereby repealed. 233
Section 3. That section 4167.19 of the Revised Code, as 235
scheduled to take effect July 1, 2000, be amended to read as 236
follows:
Sec. 4167.19. (A) A public employer, other than a state 245
agency, may apply to the director of commerce for an order 247
exempting the public employer from compliance with this chapter, 249
except as provided in division (K) of this section, if the public 250
employer satisfies both of the following criteria: 251
(1) The public employer is a member of a group that 253
qualifies for a group rating plan pursuant to division (A)(4) of 254
section 4123.29 of the Revised Code or the public employer's 256
premium rate is at least fifty per cent less than the base rate 257
for its workers' compensation premiums;
(2) The public employer establishes and maintains a safety 259
committee with both public employees and representatives of the 260
public employer as members if the public employer does not 261
qualify for a group rating plan. A public employer that employs 262
five or fewer public employees need not have a safety committee. 263
(B) The application shall be on a form prescribed by the 265
director and shall be transmitted to the director by certified 267
mail, return receipt requested. The application shall contain a 268
certification of all of the following: 269
(1) The public employer has adopted an ordinance or 271
resolution requesting an exemption from this chapter; 273
(2) At least ten working days prior to passage of an 275
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ordinance or resolution described in division (B)(1) of this 276
section, the public employer has informed its public employees of 277
the application by giving a copy of the application to the public 279
employee representative, if any; 280
(3) The public employer has informed its public employees 282
by posting a statement for thirty consecutive days giving a 284
summary of the application and specifying where a copy of the 285
application may be examined at the place or places where notices 286
to public employees are normally posted, and by any other
appropriate means of public employee notification; 287
(4) The public employer has informed its public employees 289
of their rights to a hearing under section 4167.15 of the Revised 291
Code.
The certification also shall contain a description of how 293
public employees have been informed of the application and of 294
their rights to a hearing.
(C) Except as provided in this section, the director shall 298
issue an order providing for an exemption if the public employer 299
meets the requirements of division (A) of this section and files 300
an application that meets the requirements of division (B) of 302
this section.
(D) The director shall not grant an exemption under 305
division (C) of this section until after the superintendent of 308
the division of safety and hygiene in the bureau of workers'
compensation conducts an employment risk reduction inspection of 309
the public employer's place of employment to determine the 310
presence of any hazardous or unsafe conditions. The director 311
shall not cite the public employer for a violation of this 313
chapter during this inspection. 314
(E) The superintendent shall provide a copy of the report 316
of the inspection conducted pursuant to division (D) of this 317
section and any findings to the public employer. Within six 318
months after receipt of the report, the public employer shall 319
submit the report to the director, if the public employer wishes 322
8
to proceed with the exemption request. If the report does not
contain a description of any hazardous or unsafe conditions, the 323
director shall grant the public employer an exemption from this 325
chapter, except as provided in division (K) of this section. If 326
the report contains a description of any hazardous or unsafe 328
conditions, the public employer shall submit to the director a 329
plan that describes how it intends to remedy, within a one-year 332
period of time, the hazardous or unsafe conditions.
Within thirty days after receipt of the plan from the 334
public employer, the director may approve or disapprove the plan 337
as submitted. If the director approves the plan as submitted, 339
the director shall grant the public employer an exemption from 342
this chapter, except as provided in division (K) of this section. 343
If the director disapproves the plan, the director shall 346
return it and the reasons for its rejection to the public 347
employer. The public employer may submit a revised plan, which 348
corrects the deficiencies for which the original plan was 349
rejected, within thirty days after receipt of the disapproved 350
plan from the director. The director has thirty days after 353
receipt of the revised plan to review it, and if it remedies the 354
director's objections, to approve it and grant the exemption. 355
The public employer shall be exempted from this chapter, except 357
as provided in division (K) of this section, if the director 358
fails to act within the thirty-day period. 359
(F) Within ten working days after completing 361
implementation of the plan, the public employer shall certify to 362
the director, by certified mail, return receipt requested, that 364
the hazardous or unsafe conditions have been abated. 365
If a public employer fails to complete the plan within the 367
one-year period of time, the director may do either of the 368
following: 369
(1) Terminate the exemption; 371
(2) Grant to the public employer a sixty-day extension to 373
the one-year period of time, provided that the director 374
9
determines that the public employer is making significant 377
progress in completing implementation of the plan.
The director shall terminate the exemption of a public 380
employer who does not complete implementation of the plan within 382
the sixty-day extension granted by the director under division 383
(F)(2) of this section. 384
(G) The director shall inspect a public employer's place 387
of employment immediately after either of the following occur: 389
(1) A public employee of the public employer is killed due 392
to an incident that is related to the public employee's
employment; 393
(2) Three or more public employees of the public employer 395
are hospitalized due to an incident that is related to the public 397
employees' employment.
After reviewing the inspection report, the director may 401
require the public employer to submit to the director, within a 402
reasonable amount of time as determined by the director, a plan 404
that describes how the public employer intends to remedy any 406
conditions described in the report that the director determines 409
need to be remedied.
Nothing in this division constitutes the granting of a new 411
exemption for purposes of determining the seven-year expiration 412
date pursuant to division (H) of this section. 414
(H) Except as provided in division (F), an exemption 416
granted pursuant to this section expires seven years after the 418
date of its issuance. A public employer may apply for a 419
subsequent exemption in the same manner provided in this section 420
for the grant of an original exemption.
(I) Each public employer granted an exemption under this 422
section shall MAY request the superintendent of the division of 423
safety and hygiene in the bureau of workers' compensation to 425
conduct a safety inspection of the public employer's place of 426
employment two years after the date the public employer is 427
granted the exemption and every two years thereafter ANY TIME 428
10
DURING THE EXEMPTION PERIOD. BASED ON THIS INSPECTION, THE
SUPERINTENDENT SHALL NOTE ANY HAZARDS OR UNSAFE CONDITIONS AND 429
RECOMMEND ABATEMENT OF THESE HAZARDS AND UNSAFE CONDITIONS. THE 430
SUPERINTENDENT SHALL PROVIDE A COPY OF THE REPORT OF THE 431
INSPECTION CONDUCTED PURSUANT TO THIS DIVISION AND ANY RESULTING 432
RECOMMENDATIONS TO THE PUBLIC EMPLOYER. THE DIRECTOR SHALL NOT 433
CITE THE PUBLIC EMPLOYER FOR A VIOLATION OF THIS CHAPTER DUE TO A 434
HAZARDOUS OR UNSAFE CONDITION IDENTIFIED BY THE SUPERINTENDENT 435
PURSUANT TO THIS INSPECTION.
(J) Notwithstanding any other provision of this chapter, a 437
public employer who meets the requirements of division (A) of 438
this section and files an application that meets the requirements 439
of division (B) of this section is not subject to this chapter, 440
except section 4167.06 of the Revised Code and division (G) of 441
this section, after the date on which the public employer meets 442
the requirements of division (A) of this section and files an 443
application that meets the requirements of division (B) of this 444
section until the director determines whether to grant the 446
exemption under this section.
(K) Nothing in this section limits, or shall be construed 449
as limiting, a public employee's rights as provided in section 450
4167.06 of the Revised Code. Nothing in this section limits, or 451
shall be construed as limiting, a public employer's right to 453
adopt reasonable safety rules and require a public employee's 454
compliance with those rules.
A public employer who is granted an exemption under this 456
section shall not be exempt from divisions (G), (H), and (I) of 457
this section. 458
Section 4. That all existing versions of section 4167.19 460
of the Revised Code, as scheduled to take effect July 1, 2000, 461
are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect 463
July 1, 2000.
Section 6. The Director of Commerce and Administrator of 465
11
Workers' Compensation shall jointly submit a report to the 466
President of the Senate, the Speaker of the House of 467
Representatives, and the Chairpersons of the Senate and House
committees to which legislation that is the subject of this act 468
is normally referred, on or before four years after the effective 469
date of this act. The report shall indicate statistics regarding 470
the effect of this act on workplace safety in the workplaces to 471
which Chapter 4167. of the Revised Code applies.