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To enact new section 2745.01 and to repeal sections | 1 |
2305.112 and 2745.01 of the Revised Code to | 2 |
replace the existing statutory provisions on | 3 |
employment intentional torts with a requirement | 4 |
that the plaintiff in a civil action based on an | 5 |
employment intentional tort prove that the | 6 |
employer acted with intent to injure another or in | 7 |
the belief that the injury was substantially | 8 |
certain to occur. | 9 |
Section 1. That new section 2745.01 of the Revised Code be | 10 |
enacted to read as follows: | 11 |
Sec. 2745.01. (A) In an action brought against an employer | 12 |
by an employee, or by the dependent survivors of a deceased | 13 |
employee, for damages resulting from an intentional tort committed | 14 |
by the employer during the course of employment, the employer | 15 |
shall not be liable unless the plaintiff proves that the employer | 16 |
committed the tortious act with the intent to injure another or | 17 |
with the belief that the injury was substantially certain to | 18 |
occur. | 19 |
(B) As used in this section, "substantially certain" means | 20 |
that an employer acts with deliberate intent to cause an employee | 21 |
to suffer an injury, a disease, a condition, or death. | 22 |
(C) Deliberate removal by an employer of an equipment safety | 23 |
guard or deliberate misrepresentation of a toxic or hazardous | 24 |
substance creates a rebuttable presumption that the removal or | 25 |
misrepresentation was committed with intent to injure another if | 26 |
an injury or an occupational disease or condition occurs as a | 27 |
direct result. | 28 |
Section 2. That sections Sec. 2305.112. and Sec. 2745.01. of the Revised | 29 |
Code are hereby repealed. | 30 |