As Passed by the Senate

124th General Assembly
Regular Session
Sub. S. B. No. 223

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

To amend section 4123.01 and to enact section 4123.0261
of the Revised Code to require payment, under the2
Workers' Compensation Law, for the costs of3
conducting medical diagnostic services to4
investigate whether an emergency worker sustained5
an injury or occupational disease when coming into6
direct contact with the blood or other body fluid7
of another person.8


       Section 1. That section 4123.01 be amended and section9
4123.026 of the Revised Code be enacted to read as follows:10

       Sec. 4123.01.  As used in this chapter:11

       (A)(1) "Employee" means:12

       (a) Every person in the service of the state, or of any13
county, municipal corporation, township, or school district14
therein, including regular members of lawfully constituted police15
and fire departments of municipal corporations and townships,16
whether paid or volunteer, and wherever serving within the state17
or on temporary assignment outside thereof, and executive officers18
of boards of education, under any appointment or contract of hire,19
express or implied, oral or written, including any elected20
official of the state, or of any county, municipal corporation, or21
township, or members of boards of education.22

       As used in division (A)(1)(a) of this section, the term23
"regular members of lawfully constituted police and fire24
departmentsemployee" includes the following persons when the25
person respondsresponding to an inherently dangerous situation26
that calls for an immediate response on the part of the person,27
regardless of whether the person is within the limits of the28
jurisdiction of the person's regular employment or voluntary29
service when responding, on the condition that the person responds30
to the situation as the person otherwise would if the person were31
on duty in the person's jurisdiction:32

       (i) Off-duty peace officers. As used in division33
(A)(1)(a)(i) of this section, "peace officer" means a member of34
the organized police department of any municipal corporation,35
including a member of the organized police department of a36
municipal corporation in an adjoining state serving in Ohio under37
a contract pursuant to section 737.04 of the Revised Code, member38
of a police force employed by a metropolitan housing authority39
under division (D) of section 3735.31 of the Revised Code, member40
of a police force employed by a regional transit authority under41
division (Y) of section 306.05 of the Revised Code, state42
university law enforcement officer appointed under section 3345.0443
of the Revised Code, Ohio veterans' home police officer appointed44
under section 5907.02 of the Revised Code, police constable of any45
township, police officer of a township or joint township police46
district, state highway patrol trooper, and member of a qualified47
nonprofit corporation police department established pursuant to48
has the same meaning as in section 1702.802935.01 of the Revised49

       As used in division (A)(1)(a) of this section with respect to51
off-duty peace officers, "jurisdiction" means the limits of the52
municipal corporation, township, metropolitan housing authority53
housing project, regional transit authority facilities or areas of54
a municipal corporation that have been agreed to by a regional55
transit authority and a municipal corporation located within its56
territorial jurisdiction, college, university, or Ohio veterans'57
home in which the peace officer is appointed, employed, or58

       (ii) Off-duty firefighters, whether paid or volunteer, of a60
lawfully constituted fire department. As used in division61
(A)(1)(a) of this section with respect to off-duty firefighters,62
"jurisdiction" means the limits of the political subdivision,63
joint ambulance district, fire district, or joint fire district in64
which the firefighter is appointed or employed.65

       (iii) Off-duty first responders, emergency medical66
technicians-basic, emergency medical technicians-intermediate, or67
emergency medical technicians-paramedic, whether paid or68
volunteer, of an ambulance service organization or emergency69
medical service organization pursuant to Chapter 4765. of the70
Revised Code. As used in division (A)(1)(a) of this section with71
respect to off-duty first responders and emergency medical72
technicians, "jurisdiction" means the limits of the political73
subdivision or joint ambulance district in which the first74
responder or emergency medical technician is employed or75
volunteers as a first responder or emergency medical technician.76

       (b) Every person in the service of any person, firm, or77
private corporation, including any public service corporation,78
that (i) employs one or more persons regularly in the same79
business or in or about the same establishment under any contract80
of hire, express or implied, oral or written, including aliens and81
minors, household workers who earn one hundred sixty dollars or82
more in cash in any calendar quarter from a single household and83
casual workers who earn one hundred sixty dollars or more in cash84
in any calendar quarter from a single employer, or (ii) is bound85
by any such contract of hire or by any other written contract, to86
pay into the state insurance fund the premiums provided by this87

       (c) Every person who performs labor or provides services89
pursuant to a construction contract, as defined in section 4123.7990
of the Revised Code, if at least ten of the following criteria91

       (i) The person is required to comply with instructions from93
the other contracting party regarding the manner or method of94
performing services;95

       (ii) The person is required by the other contracting party96
to have particular training;97

       (iii) The person's services are integrated into the regular98
functioning of the other contracting party;99

       (iv) The person is required to perform the work personally;100

       (v) The person is hired, supervised, or paid by the other101
contracting party;102

       (vi) A continuing relationship exists between the person and103
the other contracting party that contemplates continuing or104
recurring work even if the work is not full time;105

       (vii) The person's hours of work are established by the106
other contracting party;107

       (viii) The person is required to devote full time to the108
business of the other contracting party;109

       (ix) The person is required to perform the work on the110
premises of the other contracting party;111

       (x) The person is required to follow the order of work set112
by the other contracting party;113

       (xi) The person is required to make oral or written reports114
of progress to the other contracting party;115

       (xii) The person is paid for services on a regular basis116
such as hourly, weekly, or monthly;117

       (xiii) The person's expenses are paid for by the other118
contracting party;119

       (xiv) The person's tools and materials are furnished by the120
other contracting party;121

       (xv) The person is provided with the facilities used to122
perform services;123

       (xvi) The person does not realize a profit or suffer a loss124
as a result of the services provided;125

       (xvii) The person is not performing services for a number of126
employers at the same time;127

       (xviii) The person does not make the same services available128
to the general public;129

       (xix) The other contracting party has a right to discharge130
the person;131

       (xx) The person has the right to end the relationship with132
the other contracting party without incurring liability pursuant133
to an employment contract or agreement.134

       Every person in the service of any independent contractor or135
subcontractor who has failed to pay into the state insurance fund136
the amount of premium determined and fixed by the administrator of137
workers' compensation for the person's employment or occupation or138
if a self-insuring employer has failed to pay compensation and139
benefits directly to the employer's injured and to the dependents140
of the employer's killed employees as required by section 4123.35141
of the Revised Code, shall be considered as the employee of the142
person who has entered into a contract, whether written or verbal,143
with such independent contractor unless such employees or their144
legal representatives or beneficiaries elect, after injury or145
death, to regard such independent contractor as the employer.146

       (2) "Employee" does not mean:147

       (a) A duly ordained, commissioned, or licensed minister or148
assistant or associate minister of a church in the exercise of149
ministry; or150

       (b) Any officer of a family farm corporation.151

       Any employer may elect to include as an "employee" within152
this chapter, any person excluded from the definition of153
"employee" pursuant to division (A)(2) of this section. If an154
employer is a partnership, sole proprietorship, or family farm155
corporation, such employer may elect to include as an "employee"156
within this chapter, any member of such partnership, the owner of157
the sole proprietorship, or the officers of the family farm158
corporation. In the event of an election, the employer shall159
serve upon the bureau of workers' compensation written notice160
naming the persons to be covered, include such employee's161
remuneration for premium purposes in all future payroll reports,162
and no person excluded from the definition of "employee" pursuant163
to division (A)(2) of this section, proprietor, or partner shall164
be deemed an employee within this division until the employer has165
served such notice.166

       For informational purposes only, the bureau shall prescribe167
such language as it considers appropriate, on such of its forms as168
it considers appropriate, to advise employers of their right to169
elect to include as an "employee" within this chapter a sole170
proprietor, any member of a partnership, the officers of a family171
farm corporation, or a person excluded from the definition of172
"employee" under division (A)(2)(a) of this section, that they173
should check any health and disability insurance policy, or other174
form of health and disability plan or contract, presently covering175
them, or the purchase of which they may be considering, to176
determine whether such policy, plan, or contract excludes benefits177
for illness or injury that they might have elected to have covered178
by workers' compensation.179

       (B) "Employer" means:180

       (1) The state, including state hospitals, each county,181
municipal corporation, township, school district, and hospital182
owned by a political subdivision or subdivisions other than the183

       (2) Every person, firm, and private corporation, including185
any public service corporation, that (a) has in service one or186
more employees regularly in the same business or in or about the187
same establishment under any contract of hire, express or implied,188
oral or written, or (b) is bound by any such contract of hire or189
by any other written contract, to pay into the insurance fund the190
premiums provided by this chapter.191

       All such employers are subject to this chapter. Any member192
of a firm or association, who regularly performs manual labor in193
or about a mine, factory, or other establishment, including a194
household establishment, shall be considered an employee in195
determining whether such person, firm, or private corporation, or196
public service corporation, has in its service, one or more197
employees and the employer shall report the income derived from198
such labor to the bureau as part of the payroll of such employer,199
and such member shall thereupon be entitled to all the benefits of200
an employee.201

       (C) "Injury" includes any injury, whether caused by external202
accidental means or accidental in character and result, received203
in the course of, and arising out of, the injured employee's204
employment. "Injury" does not include:205

       (1) Psychiatric conditions except where the conditions have206
arisen from an injury or occupational disease;207

       (2) Injury or disability caused primarily by the natural208
deterioration of tissue, an organ, or part of the body;209

       (3) Injury or disability incurred in voluntary participation210
in an employer-sponsored recreation or fitness activity if the211
employee signs a waiver of the employee's right to compensation or212
benefits under this chapter prior to engaging in the recreation or213
fitness activity.214

       (D) "Child" includes a posthumous child and a child legally215
adopted prior to the injury.216

       (E) "Family farm corporation" means a corporation founded217
for the purpose of farming agricultural land in which the majority218
of the voting stock is held by and the majority of the219
stockholders are persons or the spouse of persons related to each220
other within the fourth degree of kinship, according to the rules221
of the civil law, and at least one of the related persons is222
residing on or actively operating the farm, and none of whose223
stockholders are a corporation. A family farm corporation does224
not cease to qualify under this division where, by reason of any225
devise, bequest, or the operation of the laws of descent or226
distribution, the ownership of shares of voting stock is227
transferred to another person, as long as that person is within228
the degree of kinship stipulated in this division.229

       (F) "Occupational disease" means a disease contracted in the230
course of employment, which by its causes and the characteristics231
of its manifestation or the condition of the employment results in232
a hazard which distinguishes the employment in character from233
employment generally, and the employment creates a risk of234
contracting the disease in greater degree and in a different235
manner from the public in general.236

       (G) "Self-insuring employer" means an employer who is237
granted the privilege of paying compensation and benefits directly238
under section 4123.35 of the Revised Code, including a board of239
county commissioners for the sole purpose of constructing a sports240
facility as defined in section 307.696 of the Revised Code,241
provided that the electors of the county in which the sports242
facility is to be built have approved construction of a sports243
facility by ballot election no later than November 6, 1997.244

       (H) "Public employer" means an employer as defined in245
division (B)(1) of this section.246

       Sec. 4123.026. (A) The administrator of workers'247
compensation, or a self-insuring public employer for the peace248
officers, firefighters, and emergency medical workers employed by249
or volunteering for that self-insuring public employer, shall pay250
the costs of conducting post-exposure medical diagnostic services,251
consistent with the standards of medical care existing at the time252
of the exposure, to investigate whether an injury or occupational253
disease was sustained by a peace officer, firefighter, or254
emergency medical worker when coming into contact with the blood255
or other body fluid of another person in the course of and arising256
out of the peace officer's, firefighter's, or emergency medical257
worker's employment, or when responding to an inherently dangerous258
situation in the manner described in, and in accordance with the259
conditions specified under, division (A)(1)(a) of section 4123.01260
of the Revised Code, through any of the following means:261

       (1) Splash or spatter in the eye or mouth, including when262
received in the course of conducting mouth-to-mouth resuscitation;263

       (2) A puncture in the skin;264

       (3) A cut in the skin or another opening in the skin such as265
an open sore, wound, lesion, abrasion, or ulcer.266

       (B) As used in this section:267

       (1) "Peace officer" has the same meaning as in section268
2935.01 of the Revised Code.269

       (2) "Firefighter" means a firefighter, whether paid or270
volunteer, of a lawfully constituted fire department.271

       (3) "Emergency medical worker" means a first responder,272
emergency medical technician-basic, emergency medical273
technician-intermediate, or emergency medical274
technician-paramedic, certified under Chapter 4765. of the Revised275
Code, whether paid or volunteer.276

       Section 2. That existing section 4123.01 of the Revised Code277
is hereby repealed.278