Am. H. B. No. 498 As Passed by the Senate

Representatives Faber, Buehrer, Young, Gibbs, Wagner, Seitz, Brinkman, Aslanides, Setzer, Reinhard, Combs, Hagan, Niehaus, Collier, Clancy, D. Evans, Schaffer, Fessler, Webster, Cates, Blasdel, Calvert, Carmichael, Core, Daniels, DeWine, C. Evans, Flowers, Gilb, Hollister, Hoops, Kearns, Martin, Peterson, Reidelbach, Schlichter, Schmidt, Schneider, Taylor, Widowfield, Wolpert

Senators Mumper, Wachtmann, Amstutz, Hottinger, Jordan, Spada

A BILL

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

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

       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

       (D) This section does not apply to claims arising during the 29
course of employment involving discrimination, civil rights, 30
retaliation, harassment in violation of Chapter 4112. of the 31
Revised Code, intentional infliction of emotional distress not 32
compensable under Chapters 4121. and 4123. of the Revised Code, 33
contract, promissory estoppel, or defamation. 34

       Section 2. That sections        Sec. 2305.112. and        Sec. 2745.01. of the Revised 35
Code are hereby repealed. 36

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

(D) This section does not apply to claims arising during the	29
course of employment involving discrimination, civil rights,	30
retaliation, harassment in violation of Chapter 4112. of the	31
Revised Code, intentional infliction of emotional distress not	32
compensable under Chapters 4121. and 4123. of the Revised Code,	33
contract, promissory estoppel, or defamation.	34

Section 2. That sections Sec. 2305.112. and Sec. 2745.01. of the Revised	35
Code are hereby repealed.	36