As Passed by the House

124th General Assembly
Regular Session
2001-2002
Am. Sub. S. B. No. 223


SENATORS Wachtmann, Herington, Hottinger, Armbruster, Nein, Mumper, Austria, Randy Gardner, Brady, Mallory, Ryan, Roberts, White, Blessing, Hagan, Prentiss

REPRESENTATIVES Rhine, Fedor, D. Miller, Collier, Schaffer, Williams, Willamowski, Womer Benjamin, Krupinski, Boccieri, Roman, Allen, Buehrer, Hagan, Driehaus, Olman, Gilb, Fessler, Coates, Oakar, Brown, Metzger, Kearns, Webster, Perry, Mason, Koziura, Faber, Jerse, Callender, Jolivette, Latell, Distel, Wolpert, Clancy, Latta, Setzer, Key, DePiero, Seitz, DeBose, Wilson, Woodard, Aslanides, Strahorn, Hoops, Sykes, Flowers, Otterman, Schmidt, Cates, Blasdel, Beatty, Britton, Hartnett, Widowfield, Evans, Lendrum



A BILL
To amend sections 4123.01 and 4123.32 and to enact1
sections 4123.026 of the Revised Code to require2
payment, under the Workers' Compensation Law, for3
the costs of conducting medical diagnostic4
services to investigate whether an emergency worker5
sustained an injury or occupational disease when6
coming into direct contact with the blood or other7
body fluid of another person and to allow for8
refunds of surplus premiums regardless of when9
premium obligations accrue.10


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

       Section 1. That sections 4123.01 and 4123.32 be amended and11
section 4123.026 of the Revised Code be enacted to read as12
follows:13

       Sec. 4123.01.  As used in this chapter:14

       (A)(1) "Employee" means:15

       (a) Every person in the service of the state, or of any16
county, municipal corporation, township, or school district17
therein, including regular members of lawfully constituted police18
and fire departments of municipal corporations and townships,19
whether paid or volunteer, and wherever serving within the state20
or on temporary assignment outside thereof, and executive officers21
of boards of education, under any appointment or contract of hire,22
express or implied, oral or written, including any elected23
official of the state, or of any county, municipal corporation, or24
township, or members of boards of education.25

       As used in division (A)(1)(a) of this section, the term26
"regular members of lawfully constituted police and fire27
departmentsemployee" includes the following persons when the28
person respondsresponding to an inherently dangerous situation29
that calls for an immediate response on the part of the person,30
regardless of whether the person is within the limits of the31
jurisdiction of the person's regular employment or voluntary32
service when responding, on the condition that the person responds33
to the situation as the person otherwise would if the person were34
on duty in the person's jurisdiction:35

       (i) Off-duty peace officers. As used in division36
(A)(1)(a)(i) of this section, "peace officer" means a member of37
the organized police department of any municipal corporation,38
including a member of the organized police department of a39
municipal corporation in an adjoining state serving in Ohio under40
a contract pursuant to section 737.04 of the Revised Code, member41
of a police force employed by a metropolitan housing authority42
under division (D) of section 3735.31 of the Revised Code, member43
of a police force employed by a regional transit authority under44
division (Y) of section 306.05 of the Revised Code, state45
university law enforcement officer appointed under section 3345.0446
of the Revised Code, Ohio veterans' home police officer appointed47
under section 5907.02 of the Revised Code, police constable of any48
township, police officer of a township or joint township police49
district, state highway patrol trooper, and member of a qualified50
nonprofit corporation police department established pursuant to51
has the same meaning as in section 1702.802935.01 of the Revised52
Code.53

       As used in division (A)(1)(a) of this section with respect to54
off-duty peace officers, "jurisdiction" means the limits of the55
municipal corporation, township, metropolitan housing authority56
housing project, regional transit authority facilities or areas of57
a municipal corporation that have been agreed to by a regional58
transit authority and a municipal corporation located within its59
territorial jurisdiction, college, university, or Ohio veterans'60
home in which the peace officer is appointed, employed, or61
elected.62

       (ii) Off-duty firefighters, whether paid or volunteer, of a63
lawfully constituted fire department. As used in division64
(A)(1)(a) of this section with respect to off-duty firefighters,65
"jurisdiction" means the limits of the political subdivision,66
joint ambulance district, fire district, or joint fire district in67
which the firefighter is appointed or employed.68

       (iii) Off-duty first responders, emergency medical69
technicians-basic, emergency medical technicians-intermediate, or70
emergency medical technicians-paramedic, whether paid or71
volunteer, of an ambulance service organization or emergency72
medical service organization pursuant to Chapter 4765. of the73
Revised Code. As used in division (A)(1)(a) of this section with74
respect to off-duty first responders and emergency medical75
technicians, "jurisdiction" means the limits of the political76
subdivision or joint ambulance district in which the first77
responder or emergency medical technician is employed or78
volunteers as a first responder or emergency medical technician.79

       (b) Every person in the service of any person, firm, or80
private corporation, including any public service corporation,81
that (i) employs one or more persons regularly in the same82
business or in or about the same establishment under any contract83
of hire, express or implied, oral or written, including aliens and84
minors, household workers who earn one hundred sixty dollars or85
more in cash in any calendar quarter from a single household and86
casual workers who earn one hundred sixty dollars or more in cash87
in any calendar quarter from a single employer, or (ii) is bound88
by any such contract of hire or by any other written contract, to89
pay into the state insurance fund the premiums provided by this90
chapter.91

       (c) Every person who performs labor or provides services92
pursuant to a construction contract, as defined in section 4123.7993
of the Revised Code, if at least ten of the following criteria94
apply:95

       (i) The person is required to comply with instructions from96
the other contracting party regarding the manner or method of97
performing services;98

       (ii) The person is required by the other contracting party99
to have particular training;100

       (iii) The person's services are integrated into the regular101
functioning of the other contracting party;102

       (iv) The person is required to perform the work personally;103

       (v) The person is hired, supervised, or paid by the other104
contracting party;105

       (vi) A continuing relationship exists between the person and106
the other contracting party that contemplates continuing or107
recurring work even if the work is not full time;108

       (vii) The person's hours of work are established by the109
other contracting party;110

       (viii) The person is required to devote full time to the111
business of the other contracting party;112

       (ix) The person is required to perform the work on the113
premises of the other contracting party;114

       (x) The person is required to follow the order of work set115
by the other contracting party;116

       (xi) The person is required to make oral or written reports117
of progress to the other contracting party;118

       (xii) The person is paid for services on a regular basis119
such as hourly, weekly, or monthly;120

       (xiii) The person's expenses are paid for by the other121
contracting party;122

       (xiv) The person's tools and materials are furnished by the123
other contracting party;124

       (xv) The person is provided with the facilities used to125
perform services;126

       (xvi) The person does not realize a profit or suffer a loss127
as a result of the services provided;128

       (xvii) The person is not performing services for a number of129
employers at the same time;130

       (xviii) The person does not make the same services available131
to the general public;132

       (xix) The other contracting party has a right to discharge133
the person;134

       (xx) The person has the right to end the relationship with135
the other contracting party without incurring liability pursuant136
to an employment contract or agreement.137

       Every person in the service of any independent contractor or138
subcontractor who has failed to pay into the state insurance fund139
the amount of premium determined and fixed by the administrator of140
workers' compensation for the person's employment or occupation or141
if a self-insuring employer has failed to pay compensation and142
benefits directly to the employer's injured and to the dependents143
of the employer's killed employees as required by section 4123.35144
of the Revised Code, shall be considered as the employee of the145
person who has entered into a contract, whether written or verbal,146
with such independent contractor unless such employees or their147
legal representatives or beneficiaries elect, after injury or148
death, to regard such independent contractor as the employer.149

       (2) "Employee" does not mean:150

       (a) A duly ordained, commissioned, or licensed minister or151
assistant or associate minister of a church in the exercise of152
ministry; or153

       (b) Any officer of a family farm corporation.154

       Any employer may elect to include as an "employee" within155
this chapter, any person excluded from the definition of156
"employee" pursuant to division (A)(2) of this section. If an157
employer is a partnership, sole proprietorship, or family farm158
corporation, such employer may elect to include as an "employee"159
within this chapter, any member of such partnership, the owner of160
the sole proprietorship, or the officers of the family farm161
corporation. In the event of an election, the employer shall162
serve upon the bureau of workers' compensation written notice163
naming the persons to be covered, include such employee's164
remuneration for premium purposes in all future payroll reports,165
and no person excluded from the definition of "employee" pursuant166
to division (A)(2) of this section, proprietor, or partner shall167
be deemed an employee within this division until the employer has168
served such notice.169

       For informational purposes only, the bureau shall prescribe170
such language as it considers appropriate, on such of its forms as171
it considers appropriate, to advise employers of their right to172
elect to include as an "employee" within this chapter a sole173
proprietor, any member of a partnership, the officers of a family174
farm corporation, or a person excluded from the definition of175
"employee" under division (A)(2)(a) of this section, that they176
should check any health and disability insurance policy, or other177
form of health and disability plan or contract, presently covering178
them, or the purchase of which they may be considering, to179
determine whether such policy, plan, or contract excludes benefits180
for illness or injury that they might have elected to have covered181
by workers' compensation.182

       (B) "Employer" means:183

       (1) The state, including state hospitals, each county,184
municipal corporation, township, school district, and hospital185
owned by a political subdivision or subdivisions other than the186
state;187

       (2) Every person, firm, and private corporation, including188
any public service corporation, that (a) has in service one or189
more employees regularly in the same business or in or about the190
same establishment under any contract of hire, express or implied,191
oral or written, or (b) is bound by any such contract of hire or192
by any other written contract, to pay into the insurance fund the193
premiums provided by this chapter.194

       All such employers are subject to this chapter. Any member195
of a firm or association, who regularly performs manual labor in196
or about a mine, factory, or other establishment, including a197
household establishment, shall be considered an employee in198
determining whether such person, firm, or private corporation, or199
public service corporation, has in its service, one or more200
employees and the employer shall report the income derived from201
such labor to the bureau as part of the payroll of such employer,202
and such member shall thereupon be entitled to all the benefits of203
an employee.204

       (C) "Injury" includes any injury, whether caused by external205
accidental means or accidental in character and result, received206
in the course of, and arising out of, the injured employee's207
employment. "Injury" does not include:208

       (1) Psychiatric conditions except where the conditions have209
arisen from an injury or occupational disease;210

       (2) Injury or disability caused primarily by the natural211
deterioration of tissue, an organ, or part of the body;212

       (3) Injury or disability incurred in voluntary participation213
in an employer-sponsored recreation or fitness activity if the214
employee signs a waiver of the employee's right to compensation or215
benefits under this chapter prior to engaging in the recreation or216
fitness activity.217

       (D) "Child" includes a posthumous child and a child legally218
adopted prior to the injury.219

       (E) "Family farm corporation" means a corporation founded220
for the purpose of farming agricultural land in which the majority221
of the voting stock is held by and the majority of the222
stockholders are persons or the spouse of persons related to each223
other within the fourth degree of kinship, according to the rules224
of the civil law, and at least one of the related persons is225
residing on or actively operating the farm, and none of whose226
stockholders are a corporation. A family farm corporation does227
not cease to qualify under this division where, by reason of any228
devise, bequest, or the operation of the laws of descent or229
distribution, the ownership of shares of voting stock is230
transferred to another person, as long as that person is within231
the degree of kinship stipulated in this division.232

       (F) "Occupational disease" means a disease contracted in the233
course of employment, which by its causes and the characteristics234
of its manifestation or the condition of the employment results in235
a hazard which distinguishes the employment in character from236
employment generally, and the employment creates a risk of237
contracting the disease in greater degree and in a different238
manner from the public in general.239

       (G) "Self-insuring employer" means an employer who is240
granted the privilege of paying compensation and benefits directly241
under section 4123.35 of the Revised Code, including a board of242
county commissioners for the sole purpose of constructing a sports243
facility as defined in section 307.696 of the Revised Code,244
provided that the electors of the county in which the sports245
facility is to be built have approved construction of a sports246
facility by ballot election no later than November 6, 1997.247

       (H) "Public employer" means an employer as defined in248
division (B)(1) of this section.249

       Sec. 4123.026. (A) The administrator of workers'250
compensation, or a self-insuring public employer for the peace251
officers, firefighters, and emergency medical workers employed by252
or volunteering for that self-insuring public employer, shall pay253
the costs of conducting post-exposure medical diagnostic services,254
consistent with the standards of medical care existing at the time255
of the exposure, to investigate whether an injury or occupational256
disease was sustained by a peace officer, firefighter, or257
emergency medical worker when coming into contact with the blood258
or other body fluid of another person in the course of and arising259
out of the peace officer's, firefighter's, or emergency medical260
worker's employment, or when responding to an inherently dangerous261
situation in the manner described in, and in accordance with the262
conditions specified under, division (A)(1)(a) of section 4123.01263
of the Revised Code, through any of the following means:264

       (1) Splash or spatter in the eye or mouth, including when265
received in the course of conducting mouth-to-mouth resuscitation;266

       (2) A puncture in the skin;267

       (3) A cut in the skin or another opening in the skin such as268
an open sore, wound, lesion, abrasion, or ulcer.269

       (B) As used in this section:270

       (1) "Peace officer" has the same meaning as in section271
2935.01 of the Revised Code.272

       (2) "Firefighter" means a firefighter, whether paid or273
volunteer, of a lawfully constituted fire department.274

       (3) "Emergency medical worker" means a first responder,275
emergency medical technician-basic, emergency medical276
technician-intermediate, or emergency medical277
technician-paramedic, certified under Chapter 4765. of the Revised278
Code, whether paid or volunteer.279

       Sec. 4123.32.  The administrator of workers' compensation,280
with the advice and consent of the workers' compensation oversight281
commission, shall adopt rules with respect to the collection,282
maintenance, and disbursements of the state insurance fund283
including all of the following:284

       (A) A rule providing that in the event there is developed as285
of any given rate revision date a surplus of earned premium over286
all losses which, in the judgment of the administrator, is larger287
than is necessary adequately to safeguard the solvency of the288
fund, the administrator may return such excess surplus to the289
subscriber to the fund in either the form of cash refunds or a290
reduction of future premiums, regardless of when the premium291
obligations have accrued;292

       (B) A rule providing that the premium security deposit293
collected from any employer entitles the employer to the benefits294
of this chapter for the remainder of the six months and also for295
an additional adjustment period of two months, and, thereafter, if296
the employer pays the premium due at the close of any six-month297
period, coverage shall be extended for an additional eight-month298
period beginning from the end of the six-month period for which299
the employer pays the premium due;300

       (C) A rule providing for ascertaining the correctness of any301
employer's report of estimated or actual expenditure of wages and302
the determination and adjustment of proper premiums and the303
payment of those premiums by the employer for or during any period304
less than eight months and notwithstanding any payment or305
determination of premium made when exceptional conditions or306
circumstances in the judgment of the administrator justify the307
action;308

       (D) Such special rules as the administrator considers309
necessary to safeguard the fund and that are just in the310
circumstances, covering the rates to be applied where one employer311
takes over the occupation or industry of another or where an312
employer first makes application for state insurance, and the313
administrator may require that if any employer transfers hisa314
business in whole or in part or otherwise reorganizes the315
business, the successor in interest shall assume, in proportion to316
the extent of the transfer, as determined by the administrator,317
the employer's account and shall continue the payment of all318
contributions due under this chapter;319

       (E) A rule providing for all of the following:320

       (1) If, within two months immediately after the expiration321
of the six-month period, an employer fails to file a report of the322
employer's actual payroll expenditures for the period, the premium323
found to be due from the employer for the period shall be324
increased in an amount equal to one per cent of the premium, but325
the increase shall not be less than three nor more than fifteen326
dollars;327

       (2) The premium determined by the administrator to be due328
from an employer shall be payable on or before the end of the329
coverage period established by the premium security deposit, or330
within the time specified by the administrator if the period for331
which the advance premium has been paid is less than eight months.332
If an employer fails to pay the premium when due, an amount equal333
to three per cent of the premium shall be added to the premium. If334
the failure to pay continues for more than one month, the premium335
shall be increased further in an amount equal to two per cent of336
the premium for each additional month or part of a month, but the337
total of all additional amounts shall not exceed twelve per cent338
of the premium. If the employer files an appropriate payroll339
report, within the time provided by law or within the time340
specified by the administrator if the period for which the341
employer paid an estimated premium is less than eight months, the342
employer shall not be in default and division (E) of section343
4123.32 of the Revised Code shall not apply if the employer pays344
the premiums within fifteen days after being first notified by the345
administrator of the amount due.346

       (3) Any deficiencies in the amounts of the premium security347
deposit paid by an employer for any period shall be subject to an348
interest charge of six per cent per annum from the date the349
premium obligation is incurred. In determining the interest due350
on deficiencies in premium security deposit payments, a charge in351
each case shall be made against the employer in an amount equal to352
interest at the rate of six per cent per annum on the premium353
security deposit due but remaining unpaid sixty days after notice354
by the administrator.355

       (4) Any interest charges or penalties provided for in356
divisions (E)(2) and (3) of this section shall be credited to the357
employer's account for rating purposes in the same manner as358
premiums.359

       (F) A rule providing that each employer, on the occasion of360
instituting coverage under this chapter, shall submit a premium361
security deposit. The deposit shall be calculated equivalent to362
thirty per cent of the semiannual premium obligation of the363
employer based upon the employer's estimated expenditure for wages364
for the ensuing six-month period plus thirty per cent of an365
additional adjustment period of two months but only up to a366
maximum of one thousand dollars and not less than ten dollars. The367
administrator shall review the security deposit of every employer368
who has submitted a deposit which is less than the369
one-thousand-dollar maximum. The administrator may require any370
such employer to submit additional money up to the maximum of one371
thousand dollars that, in the administrator's opinion, reflects372
the employer's current payroll expenditure for an eight-month373
period.374

       Section 2. That existing sections 4123.01 and 4123.32 of the375
Revised Code are hereby repealed.376