As Reported by the Senate Insurance, Commerce             2            

                       and Labor Committee                         2            

123rd General Assembly                                             5            

   Regular Session                             Sub. S. B. No. 266  6            

      1999-2000                                                    7            


                          SENATOR HORN                             9            


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 4123.01 and 4123.35 and to enact    13           

                section 4123.353 of the Revised Code to permit     15           

                public employers, including state institutions of               

                higher education but not including other state     16           

                entities, to become self-insuring employers for    17           

                purposes of the Workers' Compensation Law.         18           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 4123.01 and 4123.35 be amended     22           

and section 4123.353 of the Revised Code be enacted to read as     24           

follows:                                                                        

      Sec. 4123.01.  As used in this chapter:                      33           

      (A)(1)  "Employee" means:                                    35           

      (a)  Every person in the service of the state, or of any     37           

county, municipal corporation, township, or school district        38           

therein, including regular members of lawfully constituted police  39           

and fire departments of municipal corporations and townships,      40           

whether paid or volunteer, and wherever serving within the state   41           

or on temporary assignment outside thereof, and executive          42           

officers of boards of education, under any appointment or          43           

contract of hire, express or implied, oral or written, including   44           

any elected official of the state, or of any county, municipal     45           

corporation, or township, or members of boards of education;.      46           

      As used in division (A)(1)(a) of this section, the term      49           

"regular members of lawfully constituted police and fire                        

departments" includes the following persons when the person        50           

                                                          2      


                                                                 
responds to an inherently dangerous situation that calls for an    51           

immediate response on the part of the person, regardless of        52           

whether the person is within the limits of the jurisdiction of     53           

the person's regular employment or voluntary service when          54           

responding, on the condition that the person responds to the       55           

situation as the person otherwise would if the person were on      56           

duty in the person's jurisdiction.:                                             

      (i)  Off-duty peace officers.  As used in division           58           

(A)(1)(a)(i) of this section, "peace officer" means a member of    60           

the organized police department of any municipal corporation,      61           

including a member of the organized police department of a         62           

municipal corporation in an adjoining state serving in Ohio under  63           

a contract pursuant to section 737.04 of the Revised Code, member  65           

of a police force employed by a metropolitan housing authority     66           

under division (D) of section 3735.31 of the Revised Code, member  69           

of a police force employed by a regional transit authority under                

division (Y) of section 306.05 of the Revised Code, state          72           

university law enforcement officer appointed under section                      

3345.04 of the Revised Code, Ohio veterans' home police officer    74           

appointed under section 5907.02 of the Revised Code, police        76           

constable of any township, police officer of a township or joint   77           

township police district, state highway patrol trooper, and        78           

member of a qualified nonprofit corporation police department      79           

established pursuant to section 1702.80 of the Revised Code.                    

      As used in division (A)(1)(a) of this section with respect   82           

to off-duty peace officers, "jurisdiction" means the limits of     83           

the municipal corporation, township, metropolitan housing                       

authority housing project, regional transit authority facilities   84           

or areas of a municipal corporation that have been agreed to by a  85           

regional transit authority and a municipal corporation located     86           

within its territorial jurisdiction, college, university, or Ohio  87           

veterans' home in which the peace officer is appointed, employed,  88           

or elected.                                                                     

      (ii)  Off-duty firefighters, whether paid or volunteer, of   90           

                                                          3      


                                                                 
a lawfully constituted fire department.  As used in division       91           

(A)(1)(a) of this section with respect to off-duty firefighters,   93           

"jurisdiction" means the limits of the political subdivision,      94           

joint ambulance district, fire district, or joint fire district    95           

in which the firefighter is appointed or employed.                              

      (iii)  Off-duty first responders, emergency medical          97           

technicians-basic, emergency medical technicians-intermediate, or  98           

emergency medical technicians-paramedic, whether paid or           99           

volunteer, of an ambulance service organization or emergency       100          

medical service organization pursuant to Chapter 4765. of the      101          

Revised Code.  As used in division (A)(1)(a) of this section with  104          

respect to off-duty first responders and emergency medical                      

technicians, "jurisdiction" means the limits of the political      105          

subdivision or joint ambulance district in which the first         107          

responder or emergency medical technician is employed or           108          

volunteers as a first responder or emergency medical technician.   109          

      (b)  Every person in the service of any person, firm, or     111          

private corporation, including any public service corporation,     112          

that (i) employs one or more persons regularly in the same         113          

business or in or about the same establishment under any contract  114          

of hire, express or implied, oral or written, including aliens     115          

and minors, household workers who earn one hundred sixty dollars   116          

or more in cash in any calendar quarter from a single household    117          

and casual workers who earn one hundred sixty dollars or more in   118          

cash in any calendar quarter from a single employer, or (ii) is    119          

bound by any such contract of hire or by any other written         120          

contract, to pay into the state insurance fund the premiums        121          

provided by this chapter.                                          122          

      (c)  Every person who performs labor or provides services    125          

pursuant to a construction contract, as defined in section         126          

4123.79 of the Revised Code, if at least ten of the following                   

criteria apply:                                                                 

      (i)  The person is required to comply with instructions      129          

from the other contracting party regarding the manner or method    130          

                                                          4      


                                                                 
of performing services;                                                         

      (ii)  The person is required by the other contracting party  133          

to have particular training;                                                    

      (iii)  The person's services are integrated into the         136          

regular functioning of the other contracting party;                137          

      (iv)  The person is required to perform the work             139          

personally;                                                                     

      (v)  The person is hired, supervised, or paid by the other   141          

contracting party;                                                              

      (vi)  A continuing relationship exists between the person    144          

and the other contracting party that contemplates continuing or    145          

recurring work even if the work is not full time;                  146          

      (vii)  The person's hours of work are established by the     149          

other contracting party;                                                        

      (viii)  The person is required to devote full time to the    152          

business of the other contracting party;                                        

      (ix)  The person is required to perform the work on the      155          

premises of the other contracting party;                                        

      (x)  The person is required to follow the order of work set  158          

by the other contracting party;                                                 

      (xi)  The person is required to make oral or written         161          

reports of progress to the other contracting party;                162          

      (xii)  The person is paid for services on a regular basis    165          

such as hourly, weekly, or monthly;                                             

      (xiii)  The person's expenses are paid for by the other      167          

contracting party;                                                              

      (xiv)  The person's tools and materials are furnished by     170          

the other contracting party;                                                    

      (xv)  The person is provided with the facilities used to     172          

perform services;                                                               

      (xvi)  The person does not realize a profit or suffer a      175          

loss as a result of the services provided;                                      

      (xvii)  The person is not performing services for a number   178          

of employers at the same time;                                                  

                                                          5      


                                                                 
      (xviii)  The person does not make the same services          180          

available to the general public;                                   181          

      (xix)  The other contracting party has a right to discharge  184          

the person;                                                                     

      (xx)  The person has the right to end the relationship with  187          

the other contracting party without incurring liability pursuant   188          

to an employment contract or agreement.                            189          

      Every person in the service of any independent contractor    191          

or subcontractor who has failed to pay into the state insurance    192          

fund the amount of premium determined and fixed by the             193          

administrator of workers' compensation for the person's            194          

employment or occupation or if a self-insuring employer has        195          

failed to pay compensation and benefits directly to the            196          

employer's injured and to the dependents of the employer's killed  197          

employees as required by section 4123.35 of the Revised Code,      199          

shall be considered as the employee of the person who has entered  200          

into a contract, whether written or verbal, with such independent  201          

contractor unless such employees or their legal representatives    202          

or beneficiaries elect, after injury or death, to regard such      203          

independent contractor as the employer.                                         

      (2)  "Employee" does not mean:                               205          

      (a)  A duly ordained, commissioned, or licensed minister or  207          

assistant or associate minister of a church in the exercise of     208          

ministry; or                                                       209          

      (b)  Any officer of a family farm corporation.               211          

      Any employer may elect to include as an "employee" within    213          

this chapter, any person excluded from the definition of           214          

"employee" pursuant to division (A)(2) of this section.  If an     215          

employer is a partnership, sole proprietorship, or family farm     216          

corporation, such employer may elect to include as an "employee"   217          

within this chapter, any member of such partnership, the owner of  218          

the sole proprietorship, or the officers of the family farm        219          

corporation.  In the event of an election, the employer shall      220          

serve upon the bureau of workers' compensation written notice      221          

                                                          6      


                                                                 
naming the persons to be covered, include such employee's          222          

remuneration for premium purposes in all future payroll reports,   223          

and no person excluded from the definition of "employee" pursuant  224          

to division (A)(2) of this section, proprietor, or partner shall   225          

be deemed an employee within this division until the employer has  226          

served such notice.                                                227          

      For informational purposes only, the bureau shall prescribe  229          

such language as it considers appropriate, on such of its forms    230          

as it considers appropriate, to advise employers of their right    231          

to elect to include as an "employee" within this chapter a sole    232          

proprietor, any member of a partnership, the officers of a family  233          

farm corporation, or a person excluded from the definition of      234          

"employee" under division (A)(2)(a) of this section, that they     235          

should check any health and disability insurance policy, or other  236          

form of health and disability plan or contract, presently          237          

covering them, or the purchase of which they may be considering,   238          

to determine whether such policy, plan, or contract excludes       239          

benefits for illness or injury that they might have elected to     240          

have covered by workers' compensation.                             241          

      (B)  "Employer" means:                                       243          

      (1)  The state, including state hospitals, each county,      245          

municipal corporation, township, school district, and hospital     246          

owned by a political subdivision or subdivisions other than the    247          

state;                                                             248          

      (2)  Every person, firm, and private corporation, including  250          

any public service corporation, that (a) has in service one or     251          

more employees regularly in the same business or in or about the   252          

same establishment under any contract of hire, express or          253          

implied, oral or written, or (b) is bound by any such contract of  254          

hire or by any other written contract, to pay into the insurance   255          

fund the premiums provided by this chapter.                        256          

      All such employers are subject to this chapter.  Any member  258          

of a firm or association, who regularly performs manual labor in   259          

or about a mine, factory, or other establishment, including a      260          

                                                          7      


                                                                 
household establishment, shall be considered an employee in        261          

determining whether such person, firm, or private corporation, or  262          

public service corporation, has in its service, one or more        263          

employees and the employer shall report the income derived from    264          

such labor to the bureau as part of the payroll of such employer,  265          

and such member shall thereupon be entitled to all the benefits    266          

of an employee.                                                    267          

      (C)  "Injury" includes any injury, whether caused by         269          

external accidental means or accidental in character and result,   270          

received in the course of, and arising out of, the injured         271          

employee's employment.  "Injury" does not include:                 272          

      (1)  Psychiatric conditions except where the conditions      274          

have arisen from an injury or occupational disease;                275          

      (2)  Injury or disability caused primarily by the natural    278          

deterioration of tissue, an organ, or part of the body;            279          

      (3)  Injury or disability incurred in voluntary              281          

participation in an employer-sponsored recreation or fitness       282          

activity if the employee signs a waiver of the employee's right    283          

to compensation or benefits under this chapter prior to engaging   284          

in the recreation or fitness activity.                             285          

      (D)  "Child" includes a posthumous child and a child         287          

legally adopted prior to the injury.                               288          

      (E)  "Family farm corporation" means a corporation founded   290          

for the purpose of farming agricultural land in which the          291          

majority of the voting stock is held by and the majority of the    292          

stockholders are persons or the spouse of persons related to each  293          

other within the fourth degree of kinship, according to the rules  294          

of the civil law, and at least one of the related persons is       295          

residing on or actively operating the farm, and none of whose      296          

stockholders are a corporation.  A family farm corporation does    297          

not cease to qualify under this division where, by reason of any   298          

devise, bequest, or the operation of the laws of descent or        299          

distribution, the ownership of shares of voting stock is           300          

transferred to another person, as long as that person is within    301          

                                                          8      


                                                                 
the degree of kinship stipulated in this division.                 302          

      (F)  "Occupational disease" means a disease contracted in    304          

the course of employment, which by its causes and the              305          

characteristics of its manifestation or the condition of the       306          

employment results in a hazard which distinguishes the employment  307          

in character from employment generally, and the employment                      

creates a risk of contracting the disease in greater degree and    308          

in a different manner from the public in general.                  309          

      (G)  "Self-insuring employer" means any of the following     311          

categories of employers if AN EMPLOYER WHO IS granted the          312          

privilege of paying compensation and benefits directly under       314          

section 4123.35 of the Revised Code:                               315          

      (1)  Any employer mentioned in division (B)(2) of this       317          

section;                                                           318          

      (2)  A board of county hospital trustees;                    320          

      (3)  A publicly owned utility;                               322          

      (4)  A, INCLUDING A board of county commissioners for the    324          

sole purpose of constructing a sports facility as defined in       326          

section 307.696 of the Revised Code, provided that the electors    327          

of the county in which the sports facility is to be built have     328          

approved construction of a sports facility by ballot election no   329          

later than November 6, 1997.                                       330          

      (H)  "PUBLIC EMPLOYER" MEANS AN EMPLOYER AS DEFINED IN       332          

DIVISION (B)(1) OF THIS SECTION.                                   333          

      Sec. 4123.35.  (A)  Except as provided in this section,      342          

every employer mentioned in division (B)(2) of section 4123.01 of  343          

the Revised Code, and every publicly owned utility shall pay       344          

semiannually in the months of January and July into the state      346          

insurance fund the amount of annual premium the administrator of   347          

workers' compensation fixes for the employment or occupation of    348          

the employer, the amount of which premium to be paid by each       349          

employer to be determined by the classifications, rules, and       350          

rates made and published by the administrator.  The employer                    

shall pay semiannually a further sum of money into the state       351          

                                                          9      


                                                                 
insurance fund as may be ascertained to be due from the employer   354          

by applying the rules of the administrator, and a receipt or       355          

certificate certifying that payment has been made shall be mailed  357          

immediately to the employer by the bureau of workers'                           

compensation.  The receipt or certificate is prima-facie evidence  358          

of the payment of the premium.                                     360          

      The bureau of workers' compensation shall verify with the    362          

secretary of state the existence of all corporations and           363          

organizations making application for workers' compensation         364          

coverage and shall require every such application to include the   365          

employer's federal identification number.                          366          

      An employer as defined in division (B)(2) of section         368          

4123.01 of the Revised Code who has contracted with a              369          

subcontractor is liable for the unpaid premium due from any        370          

subcontractor with respect to that part of the payroll of the      371          

subcontractor that is for work performed pursuant to the contract  373          

with the employer.                                                              

      Division (A) of this section providing for the payment of    377          

premiums semiannually does not apply to any employer who was a                  

subscriber to the state insurance fund prior to January 1, 1914,   378          

or who may first become a subscriber to the fund in any month      379          

other than January or July.  Instead, the semiannual premiums      380          

shall be paid by those employers from time to time upon the        381          

expiration of the respective periods for which payments into the   382          

fund have been made by them.                                                    

      The administrator shall adopt rules to permit employers to   384          

make periodic payments of the semiannual premium due under this    385          

division.  The rules shall include provisions for the assessment   386          

of interest charges, where appropriate, and for the assessment of  387          

penalties when an employer fails to make timely premium payments.  389          

An employer who timely pays the amounts due under this division    390          

is entitled to all of the benefits and protections of this         391          

chapter.  Upon receipt of payment, the bureau immediately shall    392          

mail a receipt or certificate to the employer certifying that                   

                                                          10     


                                                                 
payment has been made, which receipt is prima-facie evidence of    394          

payment.  Workers' compensation coverage under this chapter        395          

continues uninterrupted upon timely receipt of payment under this  396          

division.                                                                       

      Every PUBLIC employer mentioned in division (B)(1) of        398          

section 4123.01 of the Revised Code, except boards of county       399          

hospital trustees PUBLIC EMPLOYERS that are self-insuring          400          

employers under this section, shall comply with sections 4123.38   402          

to 4123.41, and 4123.48 of the Revised Code in regard to the       404          

contribution of moneys to the public insurance fund.               405          

      (B)  Provided, that employers mentioned in division (B)(2)   407          

of section 4123.01 of the Revised Code, boards of county hospital  408          

trustees, and publicly owned utilities EMPLOYERS who will abide    409          

by the rules of the administrator and who may be of sufficient     411          

financial ability to render certain the payment of compensation    412          

to injured employees or the dependents of killed employees, and    413          

the furnishing of medical, surgical, nursing, and hospital         414          

attention and services and medicines, and funeral expenses, equal  415          

to or greater than is provided for in sections 4123.52, 4123.55    416          

to 4123.62, and 4123.64 to 4123.67 of the Revised Code, and who    417          

do not desire to insure the payment thereof or indemnify           418          

themselves against loss sustained by the direct payment thereof,   419          

upon a finding of such facts by the administrator, may be granted  420          

the privilege to pay individually compensation, and furnish        423          

medical, surgical, nursing, and hospital services and attention    424          

and funeral expenses directly to injured employees or the          425          

dependents of killed employees, thereby being granted status as a  427          

self-insuring employer.  The administrator may charge employers,   428          

boards of county hospital trustees, or publicly owned utilities    429          

who apply for the status as a self-insuring employer a reasonable  430          

application fee to cover the bureau's costs in connection with     431          

processing and making a determination with respect to an           432          

application.  All                                                               

      ALL employers granted such status shall demonstrate          435          

                                                          11     


                                                                 
sufficient financial and administrative ability to assure that     436          

all obligations under this section are promptly met.  The          437          

administrator shall deny the privilege where the employer is       438          

unable to demonstrate the employer's ability to promptly meet all  439          

the obligations imposed on the employer by this section.  The      440          

      (1)  THE administrator shall consider, but is not limited    443          

to, the following factors, where applicable, in determining the    444          

employer's ability to meet all of the obligations imposed on the   445          

employer by this section:                                          446          

      (1)(a)  The employer employs a minimum of five hundred       448          

employees in this state;                                           449          

      (2)(b)  The employer has operated in this state for a        451          

minimum of two years, provided that an employer who has            452          

purchased, acquired, or otherwise succeeded to the operation of a  453          

business, or any part thereof, situated in this state that has     454          

operated for at least two years in this state, also shall          455          

qualify;                                                                        

      (3)(c)  Where the employer previously contributed to the     457          

state insurance fund or is a successor employer as defined by      458          

bureau rules, the amount of the buy-out BUYOUT, as defined by      459          

bureau rules;                                                      460          

      (4)(d)  The sufficiency of the employer's assets located in  462          

this state to insure the employer's solvency in paying             463          

compensation directly;                                             464          

      (5)(e)  The financial records, documents, and data,          466          

certified by a certified public accountant, necessary to provide   467          

the employer's full financial disclosure.  The records,            468          

documents, and data include, but are not limited to, balance       469          

sheets and profit and loss history for the current year and        470          

previous four years.                                               471          

      (6)(f)  The employer's organizational plan for the           473          

administration of the workers' compensation law;                   474          

      (7)(g)  The employer's proposed plan to inform employees of  476          

the change from a state fund insurer to a self-insuring employer,  477          

                                                          12     


                                                                 
the procedures the employer will follow as a self-insuring         478          

employer, and the employees' rights to compensation and benefits;  479          

and                                                                480          

      (8)(h)  The employer has either an account in a financial    482          

institution in this state, or if the employer maintains an         483          

account with a financial institution outside this state, ensures   484          

that workers' compensation checks are drawn from the same account  485          

as payroll checks or the employer clearly indicates that payment   486          

will be honored by a financial institution in this state.          487          

      The administrator may waive the requirements of divisions    489          

(B)(1)(a) and (2)(b) of this section and the requirement of        491          

division (B)(5)(1)(e) of this section that the financial records,  492          

documents, and data be certified by a certified public             494          

accountant.  The administrator shall adopt rules establishing the  495          

criteria that an employer shall meet in order for the              496          

administrator to waive the requirement of division (B)(5)(1)(e)    497          

of this section.  Such rules may require additional security of    499          

that employer pursuant to division (E) of section 4123.351 of the  500          

Revised Code.  The                                                              

      THE administrator shall not grant the status of              503          

self-insuring employer to any public employer, other than          504          

publicly owned utilities and boards of county hospital trustees.   505          

THE STATE, EXCEPT THAT THE ADMINISTRATOR MAY GRANT THE STATUS OF   507          

SELF-INSURING EMPLOYER TO A STATE INSTITUTION OF HIGHER                         

EDUCATION, EXCLUDING ITS HOSPITALS, THAT MEETS THE REQUIREMENTS    508          

OF DIVISION (B)(2) OF THIS SECTION.                                509          

      (2)  WHEN CONSIDERING THE APPLICATION OF A PUBLIC EMPLOYER,  511          

EXCEPT FOR A BOARD OF COUNTY COMMISSIONERS DESCRIBED IN DIVISION   512          

(G) OF SECTION 4123.01 OF THE REVISED CODE, A BOARD OF A COUNTY    513          

HOSPITAL, OR A PUBLICLY OWNED UTILITY, THE ADMINISTRATOR SHALL     515          

VERIFY THAT THE PUBLIC EMPLOYER SATISFIES ALL OF THE FOLLOWING     516          

REQUIREMENTS AS THE REQUIREMENTS APPLY TO THAT PUBLIC EMPLOYER:    517          

      (a)  FOR THE TWO-YEAR PERIOD PRECEDING APPLICATION UNDER     519          

THIS SECTION, THE PUBLIC EMPLOYER HAS MAINTAINED AN UNVOTED DEBT   520          

                                                          13     


                                                                 
CAPACITY EQUAL TO AT LEAST TWO TIMES THE AMOUNT OF THE CURRENT     523          

ANNUAL PREMIUM ESTABLISHED BY THE ADMINISTRATOR UNDER THIS                      

CHAPTER FOR THAT PUBLIC EMPLOYER FOR THE YEAR IMMEDIATELY          524          

PRECEDING THE YEAR IN WHICH THE PUBLIC EMPLOYER MAKES APPLICATION  525          

UNDER THIS SECTION.                                                526          

      (b)  FOR EACH OF THE TWO FISCAL YEARS PRECEDING APPLICATION  528          

UNDER THIS SECTION, THE UNRESERVED AND UNDESIGNATED YEAR-END FUND  530          

BALANCE IN THE PUBLIC EMPLOYER'S GENERAL FUND IS EQUAL TO AT       531          

LEAST FIVE PER CENT OF THE PUBLIC EMPLOYER'S GENERAL FUND          532          

REVENUES FOR THE FISCAL YEAR COMPUTED IN ACCORDANCE WITH           533          

GENERALLY ACCEPTED ACCOUNTING PRINCIPLES.                                       

      (c)  FOR THE FIVE-YEAR PERIOD PRECEDING APPLICATION UNDER    535          

THIS SECTION, THE PUBLIC EMPLOYER, TO THE EXTENT APPLICABLE, HAS   537          

COMPLIED FULLY WITH THE CONTINUING DISCLOSURE REQUIREMENTS         538          

ESTABLISHED IN RULES ADOPTED BY THE UNITED STATES SECURITIES AND   540          

EXCHANGE COMMISSION UNDER 17 C.F.R. 240.15c2-12.                   542          

      (d)  FOR THE FIVE-YEAR PERIOD PRECEDING APPLICATION UNDER    544          

THIS SECTION, THE PUBLIC EMPLOYER HAS NOT HAD ITS LOCAL            545          

GOVERNMENT FUND DISTRIBUTION WITHHELD ON ACCOUNT OF THE PUBLIC     546          

EMPLOYER BEING INDEBTED OR OTHERWISE OBLIGATED TO THE STATE.       547          

      (e)  FOR THE FIVE-YEAR PERIOD PRECEDING APPLICATION UNDER    549          

THIS SECTION, THE PUBLIC EMPLOYER HAS NOT BEEN UNDER A FISCAL      550          

WATCH OR FISCAL EMERGENCY PURSUANT TO SECTION 118.023, 118.04, OR  552          

3316.03 OF THE REVISED CODE.                                       553          

      (f)  FOR THE PUBLIC EMPLOYER'S FISCAL YEAR PRECEDING         555          

APPLICATION UNDER THIS SECTION, THE PUBLIC EMPLOYER HAS OBTAINED   556          

AN ANNUAL FINANCIAL AUDIT AS REQUIRED UNDER SECTION 117.10 OF THE  557          

REVISED CODE, WHICH HAS BEEN RELEASED BY THE AUDITOR OF STATE      558          

WITHIN SEVEN MONTHS AFTER THE END OF THE PUBLIC EMPLOYER'S FISCAL  559          

YEAR.                                                                           

      (g)  ON THE DATE OF APPLICATION, THE PUBLIC EMPLOYER HOLDS   561          

A DEBT RATING OF AA3 OR HIGHER ACCORDING TO MOODY'S INVESTORS      562          

SERVICE, INC., OR A COMPARABLE RATING BY AN INDEPENDENT RATING     563          

AGENCY SIMILAR TO MOODY'S INVESTORS SERVICE, INC.                  564          

                                                          14     


                                                                 
      (h)  THE PUBLIC EMPLOYER AGREES TO GENERATE AN ANNUAL        566          

ACCUMULATING BOOK RESERVE IN ITS FINANCIAL STATEMENTS REFLECTING   567          

AN ACTUARIALLY GENERATED RESERVE ADEQUATE TO PAY PROJECTED CLAIMS  569          

UNDER THIS CHAPTER FOR THE APPLICABLE PERIOD OF TIME, AS                        

DETERMINED BY THE ADMINISTRATOR.                                   570          

      (i)  FOR A PUBLIC EMPLOYER THAT IS A HOSPITAL, THE PUBLIC    572          

EMPLOYER SHALL SUBMIT AUDITED FINANCIAL STATEMENTS SHOWING THE     573          

HOSPITAL'S OVERALL LIQUIDITY CHARACTERISTICS, AND THE              574          

ADMINISTRATOR SHALL DETERMINE, ON AN INDIVIDUAL BASIS, WHETHER     575          

THE PUBLIC EMPLOYER SATISFIES LIQUIDITY STANDARDS EQUIVALENT TO    576          

THE LIQUIDITY STANDARDS OF OTHER PUBLIC EMPLOYERS.                 577          

      (j)  ANY ADDITIONAL CRITERIA THAT THE ADMINISTRATOR ADOPTS   579          

BY RULE PURSUANT TO DIVISION (E) OF THIS SECTION.                  580          

      THE ADMINISTRATOR SHALL NOT APPROVE THE APPLICATION OF A     582          

PUBLIC EMPLOYER, EXCEPT FOR A BOARD OF COUNTY COMMISSIONERS        583          

DESCRIBED IN DIVISION (G) OF SECTION 4123.01 OF THE REVISED CODE,  585          

A BOARD OF A COUNTY HOSPITAL, OR PUBLICLY OWNED UTILITY, WHO DOES  586          

NOT SATISFY ALL OF THE REQUIREMENTS LISTED IN DIVISION (B)(2) OF   587          

THIS SECTION.                                                                   

      (C)  Provided, that a A board of county commissioners        589          

mentioned DESCRIBED in division (G)(4) of section 4123.01 of the   591          

Revised Code, as an employer, that will abide by the rules of the  593          

administrator and that may be of sufficient financial ability to   594          

render certain the payment of compensation to injured employees    595          

or the dependents of killed employees, and the furnishing of       596          

medical, surgical, nursing, and hospital attention and services    597          

and medicines, and funeral expenses, equal to or greater than is                

provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64  598          

to 4123.67 of the Revised Code, and that does not desire to        601          

insure the payment thereof or indemnify itself against loss        602          

sustained by the direct payment thereof, upon a finding of such    603          

facts by the administrator, may be granted the privilege to pay    604          

individually compensation, and furnish medical, surgical,          605          

nursing, and hospital services and attention and funeral expenses               

                                                          15     


                                                                 
directly to injured employees or the dependents of killed          606          

employees, thereby being granted status as a self-insuring         607          

employer.  The administrator may charge a board of county          609          

commissioners mentioned DESCRIBED in division (G)(4) of section    610          

4123.01 of the Revised Code that applies for the status as a       612          

self-insuring employer a reasonable application fee to cover the   613          

bureau's costs in connection with processing and making a          614          

determination with respect to an application.  All employers                    

granted such status shall demonstrate sufficient financial and     615          

administrative ability to assure that all obligations under this   616          

section are promptly met.  The administrator shall deny the        617          

privilege where the employer is unable to demonstrate the          618          

employer's ability to promptly meet all the obligations imposed    619          

on the employer by this section.  The administrator shall          620          

consider, but is not limited to, the following factors, where      621          

applicable, in determining the employer's ability to meet all of   622          

the obligations imposed on the board as an employer by this        623          

section:                                                                        

      (1)  The board as an employer employs a minimum of five      625          

hundred employees in this state;                                   626          

      (2)  The board has operated in this state for a minimum of   628          

two years;                                                                      

      (3)  Where the board previously contributed to the state     630          

insurance fund or is a successor employer as defined by bureau     631          

rules, the amount of the buy-out BUYOUT, as defined by bureau      632          

rules;                                                                          

      (4)  The sufficiency of the board's assets located in this   634          

state to insure the board's solvency in paying compensation        635          

directly;                                                                       

      (5)  The financial records, documents, and data, certified   637          

by a certified public accountant, necessary to provide the         638          

board's full financial disclosure.  The records, documents, and    639          

data include, but are not limited to, balance sheets and profit    640          

and loss history for the current year and previous four years.     641          

                                                          16     


                                                                 
      (6)  The board's organizational plan for the administration  643          

of the workers' compensation law;                                  644          

      (7)  The board's proposed plan to inform employees of the    646          

proposed self-insurance, the procedures the board will follow as   647          

a self-insuring employer, and the employees' rights to             648          

compensation and benefits;                                                      

      (8)  The board has either an account in a financial          650          

institution in this state, or if the board maintains an account    652          

with a financial institution outside this state, ensures that      653          

workers' compensation checks are drawn from the same account as    654          

payroll checks or the board clearly indicates that payment will    655          

be honored by a financial institution in this state;               656          

      (9)  The board shall provide the administrator a surety      658          

bond in an amount equal to one hundred twenty-five per cent of     659          

the projected losses as determined by the administrator.           660          

      (D)  The administrator shall require a surety bond from all  662          

self-insuring employers, issued pursuant to section 4123.351 of    663          

the Revised Code, that is sufficient to compel, or secure to       664          

injured employees, or to the dependents of employees killed, the   665          

payment of compensation and expenses, which shall in no event be   666          

less than that paid or furnished out of the state insurance fund   667          

in similar cases to injured employees or to dependents of killed   668          

employees whose employers contribute to the fund, except when an   669          

employee of the employer, who has suffered the loss of a hand,     670          

arm, foot, leg, or eye prior to the injury for which compensation  671          

is to be paid, and thereafter suffers the loss of any other of     672          

the members as the result of any injury sustained in the course    673          

of and arising out of the employee's employment, the compensation  675          

to be paid by the self-insuring employer is limited to the                      

disability suffered in the subsequent injury, additional           676          

compensation, if any, to be paid by the bureau out of the surplus  678          

created by section 4123.34 of the Revised Code.                    679          

      (E)  In addition to the requirements of this section, the    681          

administrator shall make and publish rules governing the manner    682          

                                                          17     


                                                                 
of making application and the nature and extent of the proof       683          

required to justify a finding of fact by the administrator as to   684          

granting the status of a self-insuring employer, which rules       685          

shall be general in their application, one of which rules shall    686          

provide that all self-insuring employers shall pay into the state  687          

insurance fund such amounts as are required to be credited to the  688          

surplus fund in division (B) of section 4123.34 of the Revised     689          

Code.  THE ADMINISTRATOR MAY ADOPT RULES ESTABLISHING              690          

REQUIREMENTS IN ADDITION TO THE REQUIREMENTS DESCRIBED IN          691          

DIVISION (B)(2) OF THIS SECTION THAT A PUBLIC EMPLOYER SHALL MEET  692          

IN ORDER TO QUALIFY FOR SELF-INSURING STATUS.                      693          

      Employers shall secure directly from the bureau central      695          

offices application forms upon which the bureau shall stamp a      696          

designating number.  Prior to submission of an application, an     697          

employer shall make available to the bureau, and the bureau shall  698          

review, the information described in divisions DIVISION (B)(1) to  700          

(8) of this section, AND PUBLIC EMPLOYERS SHALL MAKE AVAILABLE,    701          

AND THE BUREAU SHALL REVIEW, THE INFORMATION NECESSARY TO VERIFY   702          

WHETHER THE PUBLIC EMPLOYER MEETS THE REQUIREMENTS LISTED IN       703          

DIVISION (B)(2) OF THIS SECTION.  An employer shall file the       704          

completed application forms with an application fee, which shall   705          

cover the costs of processing the application, as established by   706          

the administrator, by rule, with the bureau at least ninety days   707          

prior to the effective date of the employer's new status as a      708          

self-insuring employer.  The application form is not deemed        709          

complete until all the required information is attached thereto.   710          

The bureau shall only accept applications that contain the         711          

required information.                                                           

      (F)  The bureau shall review completed applications within   713          

a reasonable time.  If the bureau determines to grant an employer  714          

the status as a self-insuring employer, the bureau shall issue a   715          

statement, containing its findings of fact, that is prepared by    716          

the bureau and signed by the administrator.  If the bureau         717          

determines not to grant the status as a self-insuring employer,    718          

                                                          18     


                                                                 
the bureau shall notify the employer of the determination and      719          

require the employer to continue to pay its full premium into the  720          

state insurance fund.  The administrator also shall adopt rules    721          

establishing a minimum level of performance as a criterion for     722          

granting and maintaining the status as a self-insuring employer    723          

and fixing time limits beyond which failure of the self-insuring   724          

employer to provide for the necessary medical examinations and     725          

evaluations may not delay a decision on a claim.                   726          

      (G)  The administrator shall adopt rules setting forth       728          

procedures for auditing the program of self-insuring employers.    729          

The bureau shall conduct the audit upon a random basis or          730          

whenever the bureau has grounds for believing that an A            731          

SELF-INSURING employer is not in full compliance with bureau       733          

rules or this chapter.                                                          

      The administrator shall monitor the programs conducted by    735          

self-insuring employers, to ensure compliance with bureau          736          

requirements and for that purpose, shall develop and issue to      737          

self-insuring employers standardized forms for use by the          738          

SELF-INSURING employer in all aspects of the SELF-INSURING         739          

employers' direct compensation program and for reporting of        741          

information to the bureau.                                                      

      The bureau shall receive and transmit to the SELF-INSURING   743          

employer all complaints concerning any self-insuring employer.     744          

In the case of a complaint against a self-insuring employer, the   745          

administrator shall handle the complaint through the               746          

self-insurance division of the bureau.  The bureau shall maintain  747          

a file by employer of all complaints received that relate to the   748          

employer.  The bureau shall evaluate each complaint and take       749          

appropriate action.                                                             

      The administrator shall adopt as a rule a prohibition        751          

against any self-insuring employer from harassing, dismissing, or  752          

otherwise disciplining any employee making a complaint, which      753          

rule shall provide for a financial penalty to be levied by the     754          

administrator payable by the offending SELF-INSURING employer.     755          

                                                          19     


                                                                 
      (H)  For the purpose of making determinations as to whether  757          

to grant status as a self-insuring employer, the administrator     758          

may subscribe to and pay for a credit reporting service that       759          

offers financial and other business information about individual   760          

employers.  The costs in connection with the bureau's              761          

subscription or individual reports from the service about an       762          

applicant may be included in the application fee charged           763          

employers under this section.                                      764          

      (I)  The administrator, notwithstanding other provisions of  767          

this chapter, may permit a self-insuring employer to resume        768          

payment of premiums to the state insurance fund with appropriate   769          

credit modifications to the employer's basic premium rate as such  770          

rate is determined pursuant to section 4123.29 of the Revised      771          

Code.                                                                           

      (J)  On the first day of July of each year, the              773          

administrator shall calculate separately each self-insuring        774          

employer's assessments for the safety and hygiene fund,            775          

administrative costs pursuant to section 4123.342 of the Revised   776          

Code, and for the portion of the surplus fund under division (B)   777          

of section 4123.34 of the Revised Code that is not used for        778          

handicapped reimbursement, on the basis of the paid compensation   779          

attributable to the individual self-insuring employer according    780          

to the following calculation:                                      781          

      (1)  The total assessment against all self-insuring          783          

employers as a class for each fund and for the administrative      784          

costs for the year that the assessment is being made, as           785          

determined by the administrator, divided by the total amount of    786          

paid compensation for the previous calendar year attributable to   787          

all amenable self-insuring employers;                              788          

      (2)  Multiply the quotient in division (J)(1) of this        790          

section by the total amount of paid compensation for the previous  791          

calendar year that is attributable to the individual               792          

self-insuring employer for whom the assessment is being            793          

determined.  Each self-insuring employer shall pay the assessment  794          

                                                          20     


                                                                 
that results from this calculation, unless the assessment          795          

resulting from this calculation falls below a minimum assessment,  796          

which minimum assessment the administrator shall determine on the  797          

first day of July of each year with the advice and consent of the  798          

workers' compensation oversight commission, in which event, the    799          

self-insuring employer shall pay the minimum assessment.           800          

      In determining the total amount due for the total            802          

assessment against all self-insuring employers as a class for      803          

each fund and the administrative assessment, the administrator     804          

shall reduce proportionately the total for each fund and           806          

assessment by the amount of money in the self-insurance            807          

assessment fund as of the date of the computation of the           808          

assessment.                                                        809          

      The administrator shall calculate the assessment for the     811          

portion of the surplus fund under division (B) of section 4123.34  812          

of the Revised Code that is used for handicapped reimbursement in  813          

the same manner as set forth in divisions (J)(1) and (2) of this   815          

section except that the administrator shall calculate the total    816          

assessment for this portion of the surplus fund only on the basis  817          

of those self-insuring employers that retain participation in the  818          

handicapped reimbursement program and the individual               819          

self-insuring employer's proportion of paid compensation shall be  820          

calculated only for those self-insuring employers who retain       821          

participation in the handicapped reimbursement program.  The       822          

administrator, as the administrator determines appropriate, may    824          

determine the total assessment for the handicapped portion of the  825          

surplus fund in accordance with sound actuarial principles.        826          

      The administrator shall calculate the assessment for the     828          

portion of the surplus fund under division (B) of section 4123.34  829          

of the Revised Code that under division (D) of section 4121.66 of  830          

the Revised Code is used for rehabilitation costs in the same      831          

manner as set forth in divisions (J)(1) and (2) of this section,   833          

except that the administrator shall calculate the total            834          

assessment for this portion of the surplus fund only on the basis  835          

                                                          21     


                                                                 
of those self-insuring employers who have not made the election    836          

to make payments directly under division (D) of section 4121.66    837          

of the Revised Code and an individual self-insuring employer's     838          

proportion of paid compensation only for those self-insuring       839          

employers who have not made that election.                         840          

      An employer who no longer is a self-insuring employer in     842          

this state or who no longer is operating in this state, shall      843          

continue to pay assessments for administrative costs and for the   844          

portion of the surplus fund under division (B) of section 4123.34  845          

of the Revised Code that is not used for handicapped               846          

reimbursement, based upon paid compensation attributable to        847          

claims that occurred while the employer was a self-insuring        848          

employer within this state.                                        849          

      (K)  There is hereby created in the state treasury the       851          

self-insurance assessment fund.  All investment earnings of the    852          

fund shall be deposited in the fund.  The administrator shall use  853          

the money in the self-insurance assessment fund only for           854          

administrative costs as specified in section 4123.341 of the       855          

Revised Code.                                                      856          

      (L)  Every self-insuring employer shall certify, in          858          

affidavit form subject to the penalty for perjury, to the bureau   859          

the amount of the self-insuring employer's paid compensation for   860          

the previous calendar year.  In reporting paid compensation paid   861          

for the previous year, a self-insuring employer shall exclude      862          

from the total amount of paid compensation any reimbursement the   863          

SELF-INSURING employer receives in the previous calendar year      865          

from the surplus fund pursuant to section 4123.512 of the Revised  866          

Code for any paid compensation.  The self-insuring employer also   867          

shall exclude from the paid compensation reported any amount       868          

recovered under section 4123.93 of the Revised Code and any        869          

amount that is determined not to have been payable to or on        870          

behalf of a claimant in any final administrative or judicial       871          

proceeding.  The self-insuring employer shall exclude such         872          

amounts from the paid compensation reported in the reporting       873          

                                                          22     


                                                                 
period subsequent to the date the determination is made.  The      874          

administrator shall adopt rules, in accordance with Chapter 119.   875          

of the Revised Code, establishing the date by which self-insuring  876          

employers must submit such information and the amount of the       877          

assessments provided for in division (J) of this section for       878          

employers who have been granted self-insuring status within the    880          

last calendar year.                                                881          

      The administrator shall include any assessment that remains  883          

unpaid for previous assessment periods in the calculation and      884          

collection of any assessments due under this division or division  885          

(J) of this section.                                               886          

      (M)  As used in this section, "paid compensation" means all  888          

amounts paid by a self-insuring employer for living maintenance    889          

benefits, all amounts for compensation paid pursuant to sections   890          

4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60,     891          

and 4123.64 of the Revised Code, all amounts paid as wages in      892          

lieu of such compensation, all amounts paid in lieu of such        893          

compensation under a nonoccupational accident and sickness         894          

program fully funded by the self-insuring employer, and all        895          

amounts paid by a self-insuring employer for a violation of a      896          

specific safety standard pursuant to Section 35 of Article II,     897          

Ohio Constitution and section 4121.47 of the Revised Code.         898          

      (N)  Should any section of this chapter or Chapter 4121. of  900          

the Revised Code providing for self-insuring employers'            901          

assessments based upon compensation paid be declared               902          

unconstitutional by a final decision of any court, then that       903          

section of the Revised Code declared unconstitutional shall        904          

revert back to the section in existence prior to November 3,       905          

1989, providing for assessments based upon payroll.                906          

      (O)  The administrator may grant a self-insuring employer    908          

the privilege to self-insure a construction project entered into   910          

by the self-insuring employer that is scheduled for completion     911          

within six years after the date the project begins, and the total  912          

cost of which is estimated to exceed one hundred million dollars.  914          

                                                          23     


                                                                 
The administrator may waive such cost and time criteria and grant  915          

a self-insuring employer the privilege to self-insure a                         

construction project regardless of the time needed to complete     916          

the construction project and provided that the cost of the         917          

construction project is estimated to exceed fifty million          918          

dollars.  A self-insuring employer who desires to self-insure a    920          

construction project shall submit to the administrator an                       

application listing the dates the construction project is          921          

scheduled to begin and end, the estimated cost of the              923          

construction project, the contractors and subcontractors whose                  

employees are to be self-insured by the self-insuring employer,    924          

the provisions of a safety program that is specifically designed   925          

for the construction project, and a statement as to whether a      926          

collective bargaining agreement governing the rights, duties, and  927          

obligations of each of the parties to the agreement with respect   928          

to the construction project exists between the self-insuring       929          

employer and a labor organization.                                 930          

      A self-insuring employer may apply to self-insure the        932          

employees of either of the following:                              933          

      (1)  All contractors and subcontractors who perform labor    935          

or work or provide materials for the construction project;         936          

      (2)  All contractors and, at the administrator's             938          

discretion, a substantial number of all the subcontractors who     939          

perform labor or work or provide materials for the construction    940          

project.                                                                        

      Upon approval of the application, the administrator shall    942          

mail a certificate granting the privilege to self-insure the       943          

construction project to the self-insuring employer.  The           944          

certificate shall contain the name of the self-insuring employer   945          

and the name, address, and telephone number of the self-insuring   946          

employer's representatives who are responsible for administering                

workers' compensation claims for the construction project.  The    947          

self-insuring employer shall post the certificate in a             948          

conspicuous place at the site of the construction project.         949          

                                                          24     


                                                                 
      The administrator shall maintain a record of the             951          

contractors and subcontractors whose employees are covered under   952          

the certificate issued to the self-insured employer.  A            953          

self-insuring employer immediately shall notify the administrator  954          

when any contractor or subcontractor is added or eliminated from   955          

inclusion under the certificate.                                                

      Upon approval of the application, the self-insuring          957          

employer is responsible for the administration and payment of all  958          

claims under this chapter and Chapter 4121. of the Revised Code    959          

for the employees of the contractor and subcontractors covered     960          

under the certificate who receive injuries or are killed in the    961          

course of and arising out of employment on the construction        963          

project, or who contract an occupational disease in the course of  964          

employment on the construction project.  For purposes of this                   

chapter and Chapter 4121. of the Revised Code, a claim that is     966          

administered and paid in accordance with this division is                       

considered a claim against the self-insuring employer listed in    967          

the certificate.  A contractor or subcontractor included under     968          

the certificate shall report to the self-insuring employer listed  969          

in the certificate, all claims that arise under this chapter and   970          

Chapter 4121. of the Revised Code in connection with the           972          

construction project for which the certificate is issued.          973          

      A self-insuring employer who complies with this division is  975          

entitled to the protections provided under this chapter and        976          

Chapter 4121. of the Revised Code with respect to the employees    978          

of the contractors and subcontractors covered under a certificate  979          

issued under this division for death or injuries that arise out    980          

of, or death, injuries, or occupational diseases that arise in                  

the course of, those employees' employment on that construction    982          

project, as if the employees were employees of the self-insuring   983          

employer, provided that the self-insuring employer also complies   984          

with this section.  No employee of the contractors and                          

subcontractors covered under a certificate issued under this       985          

division shall be considered the employee of the self-insuring     986          

                                                          25     


                                                                 
employer listed in that certificate for any purposes other than    987          

this chapter and Chapter 4121. of the Revised Code.  Nothing in    988          

this division gives a self-insuring employer authority to control  989          

the means, manner, or method of employment of the employees of     990          

the contractors and subcontractors covered under a certificate     991          

issued under this division.                                        992          

      The contractors and subcontractors included under a          994          

certificate issued under this division are entitled to the         995          

protections provided under this chapter and Chapter 4121. of the   996          

Revised Code with respect to the contractor's or subcontractor's   997          

employees who are employed on the construction project which is    998          

the subject of the certificate, for death or injuries that arise   999          

out of, or death, injuries, or occupational diseases that arise    1,000        

in the course of, those employees' employment on that              1,001        

construction project.                                                           

      The contractors and subcontractors included under a          1,003        

certificate issued under this division shall identify in their     1,004        

payroll records the employees who are considered the employees of  1,005        

the self-insuring employer listed in that certificate for          1,006        

purposes of this chapter and Chapter 4121. of the Revised Code,    1,008        

and the amount that those employees earned for employment on the   1,009        

construction project that is the subject of that certificate.      1,010        

Notwithstanding any provision to the contrary under this chapter                

and Chapter 4121. of the Revised Code, the administrator shall     1,013        

exclude the payroll that is reported for employees who are         1,014        

considered the employees of the self-insuring employer listed in                

that certificate, and that the employees earned for employment on  1,015        

the construction project that is the subject of that certificate,  1,016        

when determining those contractors' or subcontractors' premiums    1,017        

or assessments required under this chapter and Chapter 4121. of    1,018        

the Revised Code.  A self-insuring employer issued a certificate   1,019        

under this division shall include in the amount of paid            1,020        

compensation it reports pursuant to division (L) of this section,  1,021        

the amount of paid compensation the self-insuring employer paid    1,022        

                                                          26     


                                                                 
pursuant to this division for the previous calendar year.          1,023        

      Nothing in this division shall be construed as altering the  1,025        

rights of employees under this chapter and Chapter 4121. of the    1,026        

Revised Code as those rights existed prior to September 17, 1996.  1,029        

Nothing in this division shall be construed as altering the        1,031        

rights devolved under sections 2305.31 and 4123.82 of the Revised  1,032        

Code as those rights existed prior to September 17, 1996.          1,033        

      As used in this division, "privilege to self-insure a        1,035        

construction project" means privilege to pay individually          1,036        

compensation, and to furnish medical, surgical, nursing, and       1,037        

hospital services and attention and funeral expenses directly to   1,038        

injured employees or the dependents of killed employees.           1,039        

      (P)  A self-insuring employer whose application is granted   1,041        

under division (O) of this section shall designate a safety        1,043        

professional to be responsible for the administration and          1,045        

enforcement of the safety program that is specifically designed    1,046        

for the construction project that is the subject of the            1,047        

application.                                                                    

      A self-insuring employer whose application is granted under  1,049        

division (O) of this section shall employ an ombudsperson for the  1,051        

construction project that is the subject of the application.  The  1,052        

ombudsperson shall have experience in workers' compensation or     1,053        

the construction industry, or both.  The ombudsperson shall        1,054        

perform all of the following duties:                                            

      (1)  Communicate with and provide information to employees   1,056        

who are injured in the course of, or whose injury arises out of    1,057        

employment on the construction project, or who contract an         1,058        

occupational disease in the course of employment on the            1,059        

construction project;                                                           

      (2)  Investigate the status of a claim upon the request of   1,061        

an employee to do so;                                              1,062        

      (3)  Provide information to claimants, third party           1,064        

administrators, employers, and other persons to assist those       1,065        

persons in protecting their rights under this chapter and Chapter  1,066        

                                                          27     


                                                                 
4121. of the Revised Code.                                         1,067        

      A self-insuring employer whose application is granted under  1,069        

division (O) of this section shall post the name of the safety     1,071        

professional and the ombudsperson and instructions for contacting               

the safety professional and the ombudsperson in a conspicuous      1,072        

place at the site of the construction project.                     1,073        

      (Q)  The administrator may consider all of the following     1,076        

when deciding whether to grant a self-insuring employer the        1,077        

privilege to self-insure a construction project as provided under  1,078        

division (O) of this section:                                      1,079        

      (1)  Whether the self-insuring employer has an               1,081        

organizational plan for the administration of the workers'         1,082        

compensation law;                                                  1,083        

      (2)  Whether the safety program that is specifically         1,085        

designed for the construction project provides for the safety of   1,086        

employees employed on the construction project, is applicable to   1,088        

all contractors and subcontractors who perform labor or work or    1,089        

provide materials for the construction project, and has a                       

component, a safety training program that complies with standards  1,090        

adopted pursuant to the "Occupational Safety and Health Act of     1,091        

1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for            1,092        

continuing management and employee involvement;                    1,093        

      (3)  Whether granting the privilege to self-insure the       1,095        

construction project will reduce the costs of the construction     1,096        

project;                                                           1,097        

      (4)  Whether the self-insuring employer has employed an      1,099        

ombudsperson as required under division (P) of this section;       1,101        

      (5)  Whether the self-insuring employer has sufficient       1,103        

surety to secure the payment of claims for which the               1,104        

self-insuring employer would be responsible pursuant to the        1,105        

granting of the privilege to self-insure a construction project    1,106        

under division (O) of this section.                                1,108        

      (R)  AS USED IN THIS SECTION:                                1,110        

      (1)  "UNVOTED DEBT CAPACITY" MEANS THE AMOUNT OF MONEY THAT  1,113        

                                                          28     


                                                                 
A PUBLIC EMPLOYER MAY BORROW WITHOUT VOTER APPROVAL OF A TAX       1,114        

LEVY;                                                                           

      (2)  "STATE INSTITUTION OF HIGHER EDUCATION" MEANS THE       1,116        

STATE UNIVERSITIES LISTED IN SECTION 3345.011 OF THE REVISED       1,117        

CODE, COMMUNITY COLLEGES CREATED PURSUANT TO CHAPTER 3354. OF THE  1,118        

REVISED CODE, UNIVERSITY BRANCHES CREATED PURSUANT TO CHAPTER      1,120        

3355. OF THE REVISED CODE, TECHNICAL COLLEGES CREATED PURSUANT TO  1,122        

CHAPTER 3357. OF THE REVISED CODE, AND STATE COMMUNITY COLLEGES    1,124        

CREATED PURSUANT TO CHAPTER 3358. OF THE REVISED CODE.             1,125        

      Sec. 4123.353.  (A)  A PUBLIC EMPLOYER, EXCEPT FOR A BOARD   1,127        

OF COUNTY COMMISSIONERS DESCRIBED IN DIVISION (G) OF SECTION       1,128        

4123.01 OF THE REVISED CODE, A BOARD OF A COUNTY HOSPITAL, OR A    1,129        

PUBLICLY OWNED UTILITY, WHO IS GRANTED THE STATUS OF               1,131        

SELF-INSURING EMPLOYER PURSUANT TO SECTION 4123.35 OF THE REVISED  1,132        

CODE SHALL DO ALL OF THE FOLLOWING:                                1,133        

      (1)  RESERVE FUNDS AS NECESSARY, IN ACCORDANCE WITH SOUND    1,135        

AND PRUDENT ACTUARIAL JUDGMENT, TO COVER THE COSTS THE PUBLIC      1,136        

EMPLOYER MAY POTENTIALLY INCUR TO REMAIN IN COMPLIANCE WITH THIS   1,137        

CHAPTER AND CHAPTER 4121. OF THE REVISED CODE;                     1,139        

      (2)  INCLUDE ALL ACTIVITY UNDER THIS CHAPTER AND CHAPTER     1,141        

4121. OF THE REVISED CODE IN A SINGLE FUND ON THE PUBLIC           1,142        

EMPLOYER'S ACCOUNTING RECORDS;                                     1,143        

      (3)  WITHIN NINETY DAYS AFTER THE LAST DAY OF EACH FISCAL    1,145        

YEAR, PREPARE AND MAINTAIN A REPORT OF THE RESERVED FUNDS          1,146        

DESCRIBED IN DIVISION (A)(1) OF THIS SECTION AND DISBURSEMENTS     1,147        

MADE FROM THOSE RESERVED FUNDS;                                    1,148        

      (4)  WITHIN NINETY DAYS AFTER THE LAST DAY OF EACH FISCAL    1,150        

YEAR, OBTAIN A WRITTEN REPORT PREPARED BY A MEMBER OF THE          1,151        

AMERICAN ACADEMY OF ACTUARIES, CERTIFYING WHETHER THE RESERVED     1,152        

FUNDS DESCRIBED IN DIVISION (A)(1) OF THIS SECTION ARE SUFFICIENT  1,153        

TO COVER THE COSTS THE PUBLIC EMPLOYER MAY POTENTIALLY INCUR TO    1,154        

REMAIN IN COMPLIANCE WITH THIS CHAPTER AND CHAPTER 4121. OF THE    1,155        

REVISED CODE, ARE COMPUTED IN ACCORDANCE WITH ACCEPTED LOSS        1,156        

RESERVING STANDARDS, AND ARE FAIRLY STATED IN ACCORDANCE WITH      1,157        

                                                          29     


                                                                 
SOUND LOSS RESERVING PRINCIPLES.                                                

      (B)  A PUBLIC EMPLOYER WHO IS SUBJECT TO DIVISION (A) OF     1,159        

THIS SECTION SHALL MAKE THE REPORTS REQUIRED BY THAT DIVISION      1,160        

AVAILABLE FOR INSPECTION BY THE ADMINISTRATOR OF WORKERS'                       

COMPENSATION AND ANY OTHER PERSON AT ALL REASONABLE TIMES DURING   1,161        

REGULAR BUSINESS HOURS.                                                         

      Section 2.  That existing sections 4123.01 and 4123.35 of    1,163        

the Revised Code are hereby repealed.                              1,164