SENATOR Wachtmann

To amend sections 4123.01 and 4123.80 of the Revised

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Code to define "injury" for purposes of the

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Workers' Compensation Law to include, for emergency

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workers, instances when their blood or other body

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fluid comes in direct contact with the blood or

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other body fluid of another person while working.

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

Section 1. That sections 4123.01 and 4123.80 of the Revised	7
Code be amended to read as follows:	8

Sec. 4123.01.  As used in this chapter:

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(A)(1) "Employee" means:

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(a) Every person in the service of the state, or of any	11
county, municipal corporation, township, or school district	12
therein, including regular members of lawfully constituted police	13
and fire departments of municipal corporations and townships,	14
whether paid or volunteer, and wherever serving within the state	15
or on temporary assignment outside thereof, and executive officers	16
of boards of education, under any appointment or contract of hire,	17
express or implied, oral or written, including any elected	18
official of the state, or of any county, municipal corporation, or	19
township, or members of boards of education.	20

As used in division (A)(1)(a) of this section, the term	21
"regular members of lawfully constituted police and fire	22
departments" includes the following persons when the person	23
responds to an inherently dangerous situation that calls for an	24
immediate response on the part of the person, regardless of	25
whether the person is within the limits of the jurisdiction of the	26
person's regular employment or voluntary service when responding,	27
on the condition that the person responds to the situation as the	28
person otherwise would if the person were on duty in the person's	29
jurisdiction:	30

(i) Off-duty peace officers. As used in division	31
(A)(1)(a)(i) of this section, "peace officer" means a member of	32
the organized police department of any municipal corporation,	33
including a member of the organized police department of a	34
municipal corporation in an adjoining state serving in Ohio under	35
a contract pursuant to section 737.04 of the Revised Code, member	36
of a police force employed by a metropolitan housing authority	37
under division (D) of section 3735.31 of the Revised Code, member	38
of a police force employed by a regional transit authority under	39
division (Y) of section 306.05 of the Revised Code, state	40
university law enforcement officer appointed under section 3345.04	41
of the Revised Code, Ohio veterans' home police officer appointed	42
under section 5907.02 of the Revised Code, police constable of any	43
township, police officer of a township or joint township police	44
district, state highway patrol trooper, and member of a qualified	45
nonprofit corporation police department established pursuant to	46
section 1702.80 of the Revised Code.	47

As used in division (A)(1)(a) of this section with respect to	48
off-duty peace officers, "jurisdiction" means the limits of the	49
municipal corporation, township, metropolitan housing authority	50
housing project, regional transit authority facilities or areas of	51
a municipal corporation that have been agreed to by a regional	52
transit authority and a municipal corporation located within its	53
territorial jurisdiction, college, university, or Ohio veterans'	54
home in which the peace officer is appointed, employed, or	55
elected.	56

(ii) Off-duty firefighters, whether paid or volunteer, of a	57
lawfully constituted fire department. As used in division	58
(A)(1)(a) of this section with respect to off-duty firefighters,	59
"jurisdiction" means the limits of the political subdivision,	60
joint ambulance district, fire district, or joint fire district in	61
which the firefighter is appointed or employed.	62

(iii) Off-duty first responders, emergency medical	63
technicians-basic, emergency medical technicians-intermediate, or	64
emergency medical technicians-paramedic, whether paid or	65
volunteer, of an ambulance service organization or emergency	66
medical service organization pursuant to Chapter 4765. of the	67
Revised Code. As used in division (A)(1)(a) of this section with	68
respect to off-duty first responders and emergency medical	69
technicians, "jurisdiction" means the limits of the political	70
subdivision or joint ambulance district in which the first	71
responder or emergency medical technician is employed or	72
volunteers as a first responder or emergency medical technician.	73

(b) Every person in the service of any person, firm, or	74
private corporation, including any public service corporation,	75
that (i) employs one or more persons regularly in the same	76
business or in or about the same establishment under any contract	77
of hire, express or implied, oral or written, including aliens and	78
minors, household workers who earn one hundred sixty dollars or	79
more in cash in any calendar quarter from a single household and	80
casual workers who earn one hundred sixty dollars or more in cash	81
in any calendar quarter from a single employer, or (ii) is bound	82
by any such contract of hire or by any other written contract, to	83
pay into the state insurance fund the premiums provided by this	84
chapter.	85

(c) Every person who performs labor or provides services	86
pursuant to a construction contract, as defined in section 4123.79	87
of the Revised Code, if at least ten of the following criteria	88
apply:	89

(i) The person is required to comply with instructions from	90
the other contracting party regarding the manner or method of	91
performing services;	92

(ii) The person is required by the other contracting party	93
to have particular training;	94

(iii) The person's services are integrated into the regular	95
functioning of the other contracting party;	96

(iv) The person is required to perform the work personally;

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(v) The person is hired, supervised, or paid by the other	98
contracting party;	99

(vi) A continuing relationship exists between the person and	100
the other contracting party that contemplates continuing or	101
recurring work even if the work is not full time;	102

(vii) The person's hours of work are established by the	103
other contracting party;	104

(viii) The person is required to devote full time to the	105
business of the other contracting party;	106

(ix) The person is required to perform the work on the	107
premises of the other contracting party;	108

(x) The person is required to follow the order of work set	109
by the other contracting party;	110

(xi) The person is required to make oral or written reports	111
of progress to the other contracting party;	112

(xii) The person is paid for services on a regular basis	113
such as hourly, weekly, or monthly;	114

(xiii) The person's expenses are paid for by the other	115
contracting party;	116

(xiv) The person's tools and materials are furnished by the	117
other contracting party;	118

(xv) The person is provided with the facilities used to	119
perform services;	120

(xvi) The person does not realize a profit or suffer a loss	121
as a result of the services provided;	122

(xvii) The person is not performing services for a number of	123
employers at the same time;	124

(xviii) The person does not make the same services available	125
to the general public;	126

(xix) The other contracting party has a right to discharge	127
the person;	128

(xx) The person has the right to end the relationship with	129
the other contracting party without incurring liability pursuant	130
to an employment contract or agreement.	131

Every person in the service of any independent contractor or	132
subcontractor who has failed to pay into the state insurance fund	133
the amount of premium determined and fixed by the administrator of	134
workers' compensation for the person's employment or occupation or	135
if a self-insuring employer has failed to pay compensation and	136
benefits directly to the employer's injured and to the dependents	137
of the employer's killed employees as required by section 4123.35	138
of the Revised Code, shall be considered as the employee of the	139
person who has entered into a contract, whether written or verbal,	140
with such independent contractor unless such employees or their	141
legal representatives or beneficiaries elect, after injury or	142
death, to regard such independent contractor as the employer.	143

(2) "Employee" does not mean:

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(a) A duly ordained, commissioned, or licensed minister or	145
assistant or associate minister of a church in the exercise of	146
ministry; or	147

(b) Any officer of a family farm corporation.

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Any employer may elect to include as an "employee" within	149
this chapter, any person excluded from the definition of	150
"employee" pursuant to division (A)(2) of this section. If an	151
employer is a partnership, sole proprietorship, or family farm	152
corporation, such employer may elect to include as an "employee"	153
within this chapter, any member of such partnership, the owner of	154
the sole proprietorship, or the officers of the family farm	155
corporation. In the event of an election, the employer shall	156
serve upon the bureau of workers' compensation written notice	157
naming the persons to be covered, include such employee's	158
remuneration for premium purposes in all future payroll reports,	159
and no person excluded from the definition of "employee" pursuant	160
to division (A)(2) of this section, proprietor, or partner shall	161
be deemed an employee within this division until the employer has	162
served such notice.	163

For informational purposes only, the bureau shall prescribe	164
such language as it considers appropriate, on such of its forms as	165
it considers appropriate, to advise employers of their right to	166
elect to include as an "employee" within this chapter a sole	167
proprietor, any member of a partnership, the officers of a family	168
farm corporation, or a person excluded from the definition of	169
"employee" under division (A)(2)(a) of this section, that they	170
should check any health and disability insurance policy, or other	171
form of health and disability plan or contract, presently covering	172
them, or the purchase of which they may be considering, to	173
determine whether such policy, plan, or contract excludes benefits	174
for illness or injury that they might have elected to have covered	175
by workers' compensation.	176

(B) "Employer" means:

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(1) The state, including state hospitals, each county,	178
municipal corporation, township, school district, and hospital	179
owned by a political subdivision or subdivisions other than the	180
state;	181

(2) Every person, firm, and private corporation, including	182
any public service corporation, that (a) has in service one or	183
more employees regularly in the same business or in or about the	184
same establishment under any contract of hire, express or implied,	185
oral or written, or (b) is bound by any such contract of hire or	186
by any other written contract, to pay into the insurance fund the	187
premiums provided by this chapter.	188

All such employers are subject to this chapter. Any member	189
of a firm or association, who regularly performs manual labor in	190
or about a mine, factory, or other establishment, including a	191
household establishment, shall be considered an employee in	192
determining whether such person, firm, or private corporation, or	193
public service corporation, has in its service, one or more	194
employees and the employer shall report the income derived from	195
such labor to the bureau as part of the payroll of such employer,	196
and such member shall thereupon be entitled to all the benefits of	197
an employee.	198

(C)(1) "Injury" includes anyboth of the following:

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(a) Any injury, whether caused by external accidental means	200
or accidental in character and result, received in the course of,	201
and arising out of, the injured employee's employment. ";	202

(b) For regular members of lawfully constituted police and	203
fire departments and emergency medical workers, "injury" includes	204
coming into contact with the blood or other body fluid of another	205
person in the course of and arising out of the peace officer's,	206
firefighter's, or emergency medical worker's employment, through	207
any of the following means:	208

(i) Splash or spatter in the eye or mouth other than when	209
received in the course of conducting mouth-to-mouth resuscitation;	210

(ii) A puncture in the skin;

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(iii) A cut in the skin or another opening in the skin such	212
as an open sore, wound, lesion, abrasion, or ulcer.	213

(2) "Injury" does not include:

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(1)(a) Psychiatric conditions except where the conditions	215
have arisen from an injury or occupational disease;	216

(2)(b) Injury or disability caused primarily by the natural	217
deterioration of tissue, an organ, or part of the body;	218

(3)(c) Injury or disability incurred in voluntary	219
participation in an employer-sponsored recreation or fitness	220
activity if the employee signs a waiver of the employee's right to	221
compensation or benefits under this chapter prior to engaging in	222
the recreation or fitness activity.	223

(3) As used in this division:

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(a) The term "regular members of lawfully constituted	225
police and fire departments" has the same meaning as in division	226
(A)(1)(a) of this section.	227

(b) "Emergency medical worker" means a first responder,	228
emergency medical technician-basic, emergency medical	229
technician-intermediate, or emergency medical	230
technician-paramedic, certified under Chapter 4765. of the Revised	231
Code, whether paid or volunteer.	232

(D) "Child" includes a posthumous child and a child legally	233
adopted prior to the injury.	234

(E) "Family farm corporation" means a corporation founded	235
for the purpose of farming agricultural land in which the majority	236
of the voting stock is held by and the majority of the	237
stockholders are persons or the spouse of persons related to each	238
other within the fourth degree of kinship, according to the rules	239
of the civil law, and at least one of the related persons is	240
residing on or actively operating the farm, and none of whose	241
stockholders are a corporation. A family farm corporation does	242
not cease to qualify under this division where, by reason of any	243
devise, bequest, or the operation of the laws of descent or	244
distribution, the ownership of shares of voting stock is	245
transferred to another person, as long as that person is within	246
the degree of kinship stipulated in this division.	247

(F) "Occupational disease" means a disease contracted in the	248
course of employment, which by its causes and the characteristics	249
of its manifestation or the condition of the employment results in	250
a hazard which distinguishes the employment in character from	251
employment generally, and the employment creates a risk of	252
contracting the disease in greater degree and in a different	253
manner from the public in general.	254

(G) "Self-insuring employer" means an employer who is	255
granted the privilege of paying compensation and benefits directly	256
under section 4123.35 of the Revised Code, including a board of	257
county commissioners for the sole purpose of constructing a sports	258
facility as defined in section 307.696 of the Revised Code,	259
provided that the electors of the county in which the sports	260
facility is to be built have approved construction of a sports	261
facility by ballot election no later than November 6, 1997.	262

(H) "Public employer" means an employer as defined in	263
division (B)(1) of this section.	264

Sec. 4123.80.  No agreement by an employee to waive histhe	265
employee's rights to compensation under this chapter is valid,	266
except that:	267

(A) An employee who is blind may waive the compensation that	268
may become due himto the employee for injury or disability in	269
cases where the injury or disability may be directly caused by or	270
due to histhe employee's blindness. The administrator of	271
workers' compensation, with the advice and consent of the workers'	272
compensation oversight commission, may adopt and enforce rules	273
governing the employment of such persons and the inspection of	274
their places of employment.	275

(B) An employee may waive histhe employee's rights to	276
compensation or benefits as authorized pursuant to division	277
(C)(3)(2)(c) of section 4123.01 of the Revised Code.	278

No agreement by an employee to pay any portion of the premium	279
paid by histhe employee's employer into the state insurance fund	280
is valid.	281

Section 2. That existing sections 4123.01 and 4123.80 of the	282
Revised Code are hereby repealed.	283