As Passed by the House 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-CATES-TERWILLEGER-MOTTLEY-
GRENDELL-SCHULER-WIDENER-AMSTUTZ-VESPER-HOOPS 10
_________________________________________________________________ 11
A B I L L
To amend section 4167.19 of the Revised Code to 13
eliminate the biennial safety inspection required 14
for a public employer that is exempt from the
Public Employment Risk Reduction Program and 15
substitute an optional inspection and to maintain 16
the provisions of this act on and after July 1,
2000, by amending the version of section 4167.19 17
of the Revised Code that takes effect on that 18
date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 4167.19 of the Revised Code be 21
amended to read as follows: 22
Sec. 4167.19. (A) A public employer, other than a state 31
agency, may apply to the administrator of the bureau of 33
employment services for an order exempting the public employer 34
from compliance with this chapter, except as provided in division 35
(K) of this section, if the public employer satisfies both of the 37
following criteria:
(1) The public employer is a member of a group that 39
qualifies for a group rating plan pursuant to division (A)(4) of 40
section 4123.29 of the Revised Code or the public employer's 42
premium rate is at least fifty per cent less than the base rate 43
for its workers' compensation premiums;
(2) The public employer establishes and maintains a safety 45
2
committee with both public employees and representatives of the 46
public employer as members if the public employer does not 47
qualify for a group rating plan. A public employer that employs 48
five or fewer public employees need not have a safety committee. 49
(B) The application shall be on a form prescribed by the 51
administrator and shall be transmitted to the administrator by 53
certified mail, return receipt requested. The application shall 54
contain a certification of all of the following: 55
(1) The public employer has adopted an ordinance or 57
resolution requesting an exemption from this chapter; 59
(2) At least ten working days prior to passage of an 61
ordinance or resolution described in division (B)(1) of this 62
section, the public employer has informed its public employees of 63
the application by giving a copy of the application to the public 65
employee representative, if any; 66
(3) The public employer has informed its public employees 68
by posting a statement for thirty consecutive days giving a 70
summary of the application and specifying where a copy of the 71
application may be examined at the place or places where notices 72
to public employees are normally posted, and by any other
appropriate means of public employee notification; 73
(4) The public employer has informed its public employees 75
of their rights to a hearing under section 4167.15 of the Revised 77
Code.
The certification also shall contain a description of how 79
public employees have been informed of the application and of 80
their rights to a hearing.
(C) Except as provided in this section, the administrator 82
shall issue an order providing for an exemption if the public 84
employer meets the requirements of division (A) of this section 85
and files an application that meets the requirements of division 86
(B) of this section. 87
(D) The administrator shall not grant an exemption under 89
division (C) of this section until after the superintendent of 92
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the division of safety and hygiene in the bureau of workers'
compensation conducts an employment risk reduction inspection of 93
the public employer's place of employment to determine the 94
presence of any hazardous or unsafe conditions. The 95
administrator shall not cite the public employer for a violation 97
of this chapter during this inspection. 98
(E) The superintendent shall provide a copy of the report 100
of the inspection conducted pursuant to division (D) of this 101
section and any findings to the public employer. Within six 102
months after receipt of the report, the public employer shall 103
submit the report to the administrator, if the public employer 106
wishes to proceed with the exemption request. If the report does
not contain a description of any hazardous or unsafe conditions, 107
the administrator shall grant the public employer an exemption 109
from this chapter, except as provided in division (K) of this 110
section. If the report contains a description of any hazardous 112
or unsafe conditions, the public employer shall submit to the 113
administrator a plan that describes how it intends to remedy, 114
within a one-year period of time, the hazardous or unsafe 115
conditions.
Within thirty days after receipt of the plan from the 117
public employer, the administrator may approve or disapprove the 118
plan as submitted. If the administrator approves the plan as 120
submitted, the administrator shall grant the public employer an 122
exemption from this chapter, except as provided in division (K) 124
of this section.
If the administrator disapproves the plan, the 126
administrator shall return it and the reasons for its rejection 128
to the public employer. The public employer may submit a revised 129
plan, which corrects the deficiencies for which the original plan 130
was rejected, within thirty days after receipt of the disapproved 131
plan from the administrator. The administrator has thirty days 132
after receipt of the revised plan to review it, and if it 134
remedies the administrator's objections, to approve it and grant 135
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the exemption. The public employer shall be exempted from this 136
chapter, except as provided in division (K) of this section, if 137
the administrator fails to act within the thirty-day period. 139
(F) Within ten working days after completing 141
implementation of the plan, the public employer shall certify to 142
the administrator, by certified mail, return receipt requested, 144
that the hazardous or unsafe conditions have been abated. 145
If a public employer fails to complete the plan within the 147
one-year period of time, the administrator may do either of the 148
following: 149
(1) Terminate the exemption; 151
(2) Grant to the public employer a sixty-day extension to 153
the one-year period of time, provided that the administrator 154
determines that the public employer is making significant 156
progress in completing implementation of the plan.
The administrator shall terminate the exemption of a public 158
employer who does not complete implementation of the plan within 160
the sixty-day extension granted by the administrator under 161
division (F)(2) of this section.
(G) The administrator shall inspect a public employer's 163
place of employment immediately after either of the following 165
occur:
(1) A public employee of the public employer is killed due 168
to an incident that is related to the public employee's
employment; 169
(2) Three or more public employees of the public employer 171
are hospitalized due to an incident that is related to the public 173
employees' employment.
After reviewing the inspection report, the administrator 175
may require the public employer to submit to the administrator, 177
within a reasonable amount of time as determined by the 178
administrator, a plan that describes how the public employer 179
intends to remedy any conditions described in the report that the 181
administrator determines need to be remedied. 182
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Nothing in this division constitutes the granting of a new 184
exemption for purposes of determining the seven-year expiration 185
date pursuant to division (H) of this section. 187
(H) Except as provided in division (F), an exemption 189
granted pursuant to this section expires seven years after the 191
date of its issuance. A public employer may apply for a 192
subsequent exemption in the same manner provided in this section 193
for the grant of an original exemption.
(I) Each public employer granted an exemption under this 195
section shall MAY request the superintendent of the division of 196
safety and hygiene in the bureau of workers' compensation to 197
conduct a safety inspection of the public employer's place of 199
employment two years after the date the public employer is 200
granted the exemption and every two years thereafter ANY TIME 201
DURING THE EXEMPTION PERIOD. BASED ON THIS INSPECTION, THE
SUPERINTENDENT SHALL NOTE ANY HAZARDS OR UNSAFE CONDITIONS AND 202
RECOMMEND ABATEMENT OF THESE HAZARDS AND UNSAFE CONDITIONS. THE 203
SUPERINTENDENT SHALL PROVIDE A COPY OF THE REPORT OF THE 204
INSPECTION CONDUCTED PURSUANT TO THIS DIVISION AND ANY RESULTING 205
RECOMMENDATIONS TO THE PUBLIC EMPLOYER. THE ADMINISTRATOR SHALL 206
NOT CITE THE PUBLIC EMPLOYER FOR A VIOLATION OF THIS CHAPTER DUE 207
TO A HAZARDOUS OR UNSAFE CONDITION IDENTIFIED BY THE
SUPERINTENDENT PURSUANT TO THIS INSPECTION. 208
(J) Notwithstanding any other provision of this chapter, a 210
public employer who meets the requirements of division (A) of 211
this section and files an application that meets the requirements 212
of division (B) of this section is not subject to this chapter, 213
except section 4167.06 of the Revised Code and division (G) of 214
this section, after the date on which the public employer meets 215
the requirements of division (A) of this section and files an 216
application that meets the requirements of division (B) of this 217
section until the administrator determines whether to grant the 219
exemption under this section.
(K) Nothing in this section limits, or shall be construed 222
6
as limiting, a public employee's rights as provided in section 223
4167.06 of the Revised Code. Nothing in this section limits, or 224
shall be construed as limiting, a public employer's right to 226
adopt reasonable safety rules and require a public employee's 227
compliance with those rules.
A public employer who is granted an exemption under this 229
section shall not be exempt from divisions (G), (H), and (I) of 230
this section. 231
Section 2. That existing section 4167.19 of the Revised 233
Code is hereby repealed. 234
Section 3. That section 4167.19 of the Revised Code, as 236
scheduled to take effect July 1, 2000, be amended to read as 237
follows:
Sec. 4167.19. (A) A public employer, other than a state 246
agency, may apply to the director of commerce for an order 248
exempting the public employer from compliance with this chapter, 250
except as provided in division (K) of this section, if the public 251
employer satisfies both of the following criteria: 252
(1) The public employer is a member of a group that 254
qualifies for a group rating plan pursuant to division (A)(4) of 255
section 4123.29 of the Revised Code or the public employer's 257
premium rate is at least fifty per cent less than the base rate 258
for its workers' compensation premiums;
(2) The public employer establishes and maintains a safety 260
committee with both public employees and representatives of the 261
public employer as members if the public employer does not 262
qualify for a group rating plan. A public employer that employs 263
five or fewer public employees need not have a safety committee. 264
(B) The application shall be on a form prescribed by the 266
director and shall be transmitted to the director by certified 268
mail, return receipt requested. The application shall contain a 269
certification of all of the following: 270
(1) The public employer has adopted an ordinance or 272
resolution requesting an exemption from this chapter; 274
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(2) At least ten working days prior to passage of an 276
ordinance or resolution described in division (B)(1) of this 277
section, the public employer has informed its public employees of 278
the application by giving a copy of the application to the public 280
employee representative, if any; 281
(3) The public employer has informed its public employees 283
by posting a statement for thirty consecutive days giving a 285
summary of the application and specifying where a copy of the 286
application may be examined at the place or places where notices 287
to public employees are normally posted, and by any other
appropriate means of public employee notification; 288
(4) The public employer has informed its public employees 290
of their rights to a hearing under section 4167.15 of the Revised 292
Code.
The certification also shall contain a description of how 294
public employees have been informed of the application and of 295
their rights to a hearing.
(C) Except as provided in this section, the director shall 299
issue an order providing for an exemption if the public employer 300
meets the requirements of division (A) of this section and files 301
an application that meets the requirements of division (B) of 303
this section.
(D) The director shall not grant an exemption under 306
division (C) of this section until after the superintendent of 309
the division of safety and hygiene in the bureau of workers'
compensation conducts an employment risk reduction inspection of 310
the public employer's place of employment to determine the 311
presence of any hazardous or unsafe conditions. The director 312
shall not cite the public employer for a violation of this 314
chapter during this inspection. 315
(E) The superintendent shall provide a copy of the report 317
of the inspection conducted pursuant to division (D) of this 318
section and any findings to the public employer. Within six 319
months after receipt of the report, the public employer shall 320
8
submit the report to the director, if the public employer wishes 323
to proceed with the exemption request. If the report does not
contain a description of any hazardous or unsafe conditions, the 324
director shall grant the public employer an exemption from this 326
chapter, except as provided in division (K) of this section. If 327
the report contains a description of any hazardous or unsafe 329
conditions, the public employer shall submit to the director a 330
plan that describes how it intends to remedy, within a one-year 333
period of time, the hazardous or unsafe conditions.
Within thirty days after receipt of the plan from the 335
public employer, the director may approve or disapprove the plan 338
as submitted. If the director approves the plan as submitted, 340
the director shall grant the public employer an exemption from 343
this chapter, except as provided in division (K) of this section. 344
If the director disapproves the plan, the director shall 347
return it and the reasons for its rejection to the public 348
employer. The public employer may submit a revised plan, which 349
corrects the deficiencies for which the original plan was 350
rejected, within thirty days after receipt of the disapproved 351
plan from the director. The director has thirty days after 354
receipt of the revised plan to review it, and if it remedies the 355
director's objections, to approve it and grant the exemption. 356
The public employer shall be exempted from this chapter, except 358
as provided in division (K) of this section, if the director 359
fails to act within the thirty-day period. 360
(F) Within ten working days after completing 362
implementation of the plan, the public employer shall certify to 363
the director, by certified mail, return receipt requested, that 365
the hazardous or unsafe conditions have been abated. 366
If a public employer fails to complete the plan within the 368
one-year period of time, the director may do either of the 369
following: 370
(1) Terminate the exemption; 372
(2) Grant to the public employer a sixty-day extension to 374
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the one-year period of time, provided that the director 375
determines that the public employer is making significant 378
progress in completing implementation of the plan.
The director shall terminate the exemption of a public 381
employer who does not complete implementation of the plan within 383
the sixty-day extension granted by the director under division 384
(F)(2) of this section. 385
(G) The director shall inspect a public employer's place 388
of employment immediately after either of the following occur: 390
(1) A public employee of the public employer is killed due 393
to an incident that is related to the public employee's
employment; 394
(2) Three or more public employees of the public employer 396
are hospitalized due to an incident that is related to the public 398
employees' employment.
After reviewing the inspection report, the director may 402
require the public employer to submit to the director, within a 403
reasonable amount of time as determined by the director, a plan 405
that describes how the public employer intends to remedy any 407
conditions described in the report that the director determines 410
need to be remedied.
Nothing in this division constitutes the granting of a new 412
exemption for purposes of determining the seven-year expiration 413
date pursuant to division (H) of this section. 415
(H) Except as provided in division (F), an exemption 417
granted pursuant to this section expires seven years after the 419
date of its issuance. A public employer may apply for a 420
subsequent exemption in the same manner provided in this section 421
for the grant of an original exemption.
(I) Each public employer granted an exemption under this 423
section shall MAY request the superintendent of the division of 424
safety and hygiene in the bureau of workers' compensation to 426
conduct a safety inspection of the public employer's place of 427
employment two years after the date the public employer is 428
10
granted the exemption and every two years thereafter ANY TIME 429
DURING THE EXEMPTION PERIOD. BASED ON THIS INSPECTION, THE
SUPERINTENDENT SHALL NOTE ANY HAZARDS OR UNSAFE CONDITIONS AND 430
RECOMMEND ABATEMENT OF THESE HAZARDS AND UNSAFE CONDITIONS. THE 431
SUPERINTENDENT SHALL PROVIDE A COPY OF THE REPORT OF THE 432
INSPECTION CONDUCTED PURSUANT TO THIS DIVISION AND ANY RESULTING 433
RECOMMENDATIONS TO THE PUBLIC EMPLOYER. THE DIRECTOR SHALL NOT 434
CITE THE PUBLIC EMPLOYER FOR A VIOLATION OF THIS CHAPTER DUE TO A 435
HAZARDOUS OR UNSAFE CONDITION IDENTIFIED BY THE SUPERINTENDENT 436
PURSUANT TO THIS INSPECTION.
(J) Notwithstanding any other provision of this chapter, a 438
public employer who meets the requirements of division (A) of 439
this section and files an application that meets the requirements 440
of division (B) of this section is not subject to this chapter, 441
except section 4167.06 of the Revised Code and division (G) of 442
this section, after the date on which the public employer meets 443
the requirements of division (A) of this section and files an 444
application that meets the requirements of division (B) of this 445
section until the director determines whether to grant the 447
exemption under this section.
(K) Nothing in this section limits, or shall be construed 450
as limiting, a public employee's rights as provided in section 451
4167.06 of the Revised Code. Nothing in this section limits, or 452
shall be construed as limiting, a public employer's right to 454
adopt reasonable safety rules and require a public employee's 455
compliance with those rules.
A public employer who is granted an exemption under this 457
section shall not be exempt from divisions (G), (H), and (I) of 458
this section. 459
Section 4. That all existing versions of section 4167.19 461
of the Revised Code, as scheduled to take effect July 1, 2000, 462
are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect 464
July 1, 2000.
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Section 6. The Director of Commerce and Administrator of 466
Workers' Compensation shall jointly submit a report to the 467
President of the Senate, the Speaker of the House of 468
Representatives, and the Chairpersons of the Senate and House
committees to which legislation that is the subject of this act 469
is normally referred, on or before four years after the effective 470
date of this act. The report shall indicate statistics regarding 471
the effect of this act on workplace safety in the workplaces to 472
which Chapter 4167. of the Revised Code applies.