| Section 1. That sections 121.08, 4121.12, 4121.121, 4121.37, | 16 |
| 4123.511, 4167.02, 4167.06, 4167.07, 4167.08, 4167.09, 4167.10, | 17 |
| 4167.11, 4167.12, 4167.14, 4167.15, 4167.16, 4167.17, 4167.19, and | 18 |
| 4167.27 be amended and section 4121.48 of the Revised Code be | 19 |
| enacted to read as follows: | 20 |
| Sec. 121.08. (A) There is hereby created in the
department | 21 |
|
of commerce the position of deputy director of
administration. | 22 |
|
This officer shall be appointed by the director of commerce,
serve | 23 |
|
under the director's direction,
supervision, and control, perform
| 24 |
| the duties the director
prescribes, and hold office during the | 25 |
|
director's pleasure.
The director of commerce may designate an | 26 |
|
assistant director of
commerce to serve as the deputy director of | 27 |
|
administration. The deputy director of administration shall | 28 |
|
perform the
duties prescribed by the director of commerce
in | 29 |
| supervising the
activities of the division of administration of | 30 |
|
the department of
commerce. | 31 |
| (B) Except as provided in section 121.07 of the Revised
Code, | 32 |
|
the department of commerce shall have all powers and perform
all | 33 |
|
duties vested in the deputy director of administration, the
state | 34 |
| fire
marshal,
the superintendent of financial institutions,
the | 35 |
| superintendent of real
estate and professional licensing, the | 36 |
|
superintendent of liquor control, the superintendent of the | 37 |
|
division of
industrial compliance, the superintendent of labor and | 38 |
|
worker
safety, and the commissioner of
securities, and shall have | 39 |
|
all powers and perform all duties
vested by law in all officers, | 40 |
|
deputies, and employees of those
offices. Except as provided in | 41 |
|
section 121.07 of the Revised
Code, wherever powers are conferred | 42 |
|
or duties imposed upon any of
those officers, the powers and | 43 |
|
duties shall be construed as
vested in the department of commerce. | 44 |
| (C)(1) There is hereby created in the department of commerce | 45 |
|
a
division of financial institutions, which shall have all powers | 46 |
|
and perform all
duties vested by law in the superintendent of | 47 |
|
financial institutions.
Wherever
powers are conferred or duties | 48 |
|
imposed upon the superintendent of
financial institutions, those | 49 |
|
powers and duties shall be construed
as vested in the
division of | 50 |
|
financial institutions. The division of
financial institutions | 51 |
|
shall be administered
by a superintendent of financial | 52 |
|
institutions. | 53 |
| (2) All provisions of law governing the superintendent of | 54 |
|
financial institutions
shall apply to and govern the | 55 |
|
superintendent of financial institutions
provided
for in this | 56 |
|
section; all authority vested by law in the
superintendent of | 57 |
|
financial institutions with respect to the
management of the | 58 |
|
division of financial institutions shall be construed as vested in | 59 |
|
the
superintendent of financial institutions created by this | 60 |
|
section
with respect to
the division of financial institutions | 61 |
|
provided for in this
section; and all
rights, privileges, and | 62 |
|
emoluments conferred by law upon the
superintendent of financial | 63 |
|
institutions shall be construed as
conferred upon the | 64 |
|
superintendent of financial institutions as head of the division | 65 |
|
of financial institutions. The
director of commerce shall not | 66 |
|
transfer from the division of financial
institutions any of the | 67 |
|
functions specified in division
(C)(2) of this
section. | 68 |
| (D) There is hereby created in
the department of commerce a | 69 |
| division of liquor control, which
shall have all
powers and | 70 |
| perform all duties vested by law in the
superintendent of liquor | 71 |
|
control. Wherever powers are conferred
or duties are imposed upon | 72 |
| the
superintendent of liquor
control,
those powers and duties | 73 |
| shall be construed as vested in the
division
of liquor control. | 74 |
| The division of liquor control shall
be administered by a | 75 |
|
superintendent of liquor control. | 76 |
| (F) The director of commerce shall not have any official | 82 |
|
connection
with a savings and
loan association, a savings bank, a | 83 |
|
bank, a bank holding company, a savings
and loan association | 84 |
|
holding company, a consumer finance company, or a credit
union | 85 |
|
that is under the supervision of the division of financial | 86 |
|
institutions, or a subsidiary of any
of the preceding entities, or | 87 |
|
be interested in the business thereof. | 88 |
| (H) There is hereby created in the department of commerce a | 96 |
|
division of real
estate and professional licensing, which shall be | 97 |
|
under the control and
supervision of the director of commerce.
The | 98 |
| division of real estate and
professional licensing shall be | 99 |
|
administered by a superintendent of real
estate and professional | 100 |
|
licensing. The superintendent of real estate and
professional | 101 |
|
licensing shall exercise the powers and perform the functions and | 102 |
|
duties delegated to the superintendent under Chapters
4735., | 103 |
|
4763., and 4767. of the Revised Code. | 104 |
| (I) There is hereby created in the department of commerce a | 105 |
|
division
of labor and worker safety, which shall have all powers | 106 |
|
and perform all
duties vested by law in the superintendent of | 107 |
|
labor and worker safety.
Wherever powers are conferred or duties | 108 |
|
imposed upon the superintendent
of labor and worker safety, those | 109 |
|
powers and duties shall be
construed as vested in the division of | 110 |
|
labor and worker safety.
The division of labor and worker safety
| 111 |
| shall be under the control
and supervision of the director of | 112 |
| commerce
and be administered by a
superintendent of labor and | 113 |
| worker safety.
The superintendent of
labor and worker safety shall | 114 |
| exercise the
powers and perform the
duties delegated to the | 115 |
| superintendent by
the director under
Chapters
4109.,
4111., and | 116 |
4115., and
4167. of the
Revised Code. | 117 |
| (J) The department of commerce or a division of the | 118 |
| department created by the Revised Code that is acting with | 119 |
| authorization on the department's behalf may request from the | 120 |
| bureau of criminal identification and
investigation pursuant to | 121 |
| section 109.572 of the Revised Code, or
coordinate with | 122 |
| appropriate federal, state, and local government
agencies to | 123 |
| accomplish, criminal records checks for the persons
whose | 124 |
| identities are required to be disclosed by an applicant for
the | 125 |
| issuance or transfer of a permit, license, or certification issued | 126 |
| or transferred by the department or division. At or before
the | 127 |
| time of making a request for a criminal
records check, the | 128 |
|
department or division may require any person whose identity is | 129 |
| required to be
disclosed by an applicant for the issuance or | 130 |
| transfer of
such a license, permit, or certification to submit to | 131 |
|
the department or division valid fingerprint
impressions in a | 132 |
| format and by any
media or means acceptable to
the bureau of | 133 |
| criminal identification
and investigation and, when
applicable, | 134 |
| the federal bureau of
investigation. The department or division | 135 |
| may
cause the bureau of criminal identification and investigation | 136 |
| to
conduct a criminal records check through the federal bureau of | 137 |
|
investigation only if the person for whom the criminal records | 138 |
|
check would be conducted resides or works outside of this state or | 139 |
|
has resided or worked outside of this state during the preceding | 140 |
|
five years, or if a criminal records check conducted by the bureau | 141 |
|
of criminal identification and investigation within this state | 142 |
|
indicates that the person may have a criminal record outside of | 143 |
|
this state. | 144 |
|
In the case of a criminal records check under section
109.572 | 145 |
| of the Revised Code, the department or division shall forward to | 146 |
| the
bureau of criminal identification and investigation the | 147 |
| requisite
form, fingerprint impressions, and fee described in | 148 |
| division (C)
of that section. When requested by the department or | 149 |
| division in accordance
with this section, the bureau of
criminal | 150 |
| identification and
investigation shall request from the
federal | 151 |
| bureau of
investigation any information it has with
respect to the | 152 |
| person
who is the subject of the requested criminal
records check | 153 |
| and
shall forward the requisite fingerprint
impressions and | 154 |
|
information to the federal bureau of investigation
for that | 155 |
|
criminal records check. After conducting a criminal
records check | 156 |
|
or receiving the results of a criminal records check
from the | 157 |
|
federal bureau of investigation, the bureau of criminal | 158 |
|
identification and investigation shall provide the results to the | 159 |
|
department or division. | 160 |
| Sec. 4121.12. (A) There is hereby created the workers' | 168 |
|
compensation oversight commission consisting of nine members, of | 169 |
|
which members the governor shall appoint five with the advice and | 170 |
| consent of
the senate. Of the five members the governor appoints, | 171 |
| two shall be
individuals who, on
account of their previous | 172 |
| vocation, employment, or affiliations,
can be classed as | 173 |
| representative of employees, at least one of whom is | 174 |
|
representative of employees who are members of an employee | 175 |
| organization; two
shall be individuals who, on account of their | 176 |
| previous vocation, employment,
or affiliations, can be classed as | 177 |
| representative of employers, one of whom
represents self-insuring | 178 |
| employers and one of whom has experience as an
employer in | 179 |
| compliance with section 4123.35 of the Revised Code
other than a | 180 |
| self-insuring employer, and one of those two representatives also | 181 |
|
shall represent employers whose employees are not members of an | 182 |
| employee
organization; and one shall represent the public and also | 183 |
| be an individual
who, on account of the individual's previous | 184 |
| vocation, employment, or
affiliations, cannot be classed as either | 185 |
| predominantly representative of
employees or of employers. The | 186 |
|
governor shall select the chairperson of the
commission who shall | 187 |
| serve as chairperson at the pleasure of the
governor. No more than | 188 |
| three members
appointed by the governor shall belong to or be | 189 |
| affiliated with the same
political party. | 190 |
| Each of these five members shall have at least three years' | 191 |
|
experience in the field of insurance, finance, workers' | 192 |
|
compensation, law, accounting, actuarial, personnel, investments, | 193 |
|
or data processing, or in the management of an organization whose | 194 |
|
size is commensurate with that of the bureau of workers' | 195 |
|
compensation. At least one of these five members shall be an | 196 |
|
attorney licensed under Chapter 4705. of the Revised Code to | 197 |
| practice
law in this state. | 198 |
| (B) Of the initial appointments made to the
commission, the | 199 |
| governor shall appoint one member who represents
employees to a | 200 |
| term ending one year after September 1,
1995, one member who | 201 |
|
represents employers to a term ending two
years after September 1, | 202 |
| 1995, the member who
represents the public to a term
ending three | 203 |
| years after September 1, 1995, one member who represents
employees | 204 |
| to a term ending four years after September 1,
1995, and one | 205 |
| member who represents employers to a term
ending five years after | 206 |
| September 1, 1995. Thereafter, terms of office shall
be for five | 207 |
| years, with each term ending on the same day of the same
month as | 208 |
| did the term that it succeeds. Each member shall hold office from | 209 |
|
the date of the member's appointment until the end of the term for | 210 |
|
which the
member was appointed. | 211 |
| The governor shall not appoint any person to more than two | 212 |
|
full terms of office on the commission. This restriction does
not | 213 |
| prevent the governor from appointing a person to fill a
vacancy | 214 |
| caused by the death, resignation, or removal of a
commission | 215 |
| member and also appointing that person twice to full
terms on the | 216 |
| commission, or from appointing a person previously
appointed to | 217 |
| fill less than a full term twice to full terms on
the commission. | 218 |
| Any member appointed to fill a vacancy occurring
prior to the | 219 |
| expiration date of the term for which the
member's predecessor was | 220 |
| appointed shall hold office as a member for the
remainder of that | 221 |
| term. A member shall continue in office subsequent to the | 222 |
|
expiration date of the member's term until a successor takes | 223 |
|
office or until a period of sixty days has elapsed, whichever | 224 |
|
occurs first. | 225 |
| (C) In making appointments to the commission, the governor | 226 |
| shall
select the members from the list of names
submitted by the | 227 |
| workers' compensation oversight commission
nominating committee | 228 |
| pursuant to this division. Within fourteen
days after the governor | 229 |
| calls the initial meeting of the nominating committee
pursuant to | 230 |
| division (C) of section 4121.123 of the Revised Code, the | 231 |
|
nominating committee shall submit to the governor, for the initial | 232 |
|
appointments, a list containing four separate names for each of | 233 |
| the members on
the commission. Within
fourteen days after the | 234 |
| submission of the list, the governor
shall appoint individuals | 235 |
| from the list. | 236 |
| Thereafter, within sixty days after a vacancy
occurring as a | 243 |
| result of the expiration of a term and within
thirty days after | 244 |
| other vacancies occurring on the commission, the nominating | 245 |
|
committee shall submit a list containing four names for each | 246 |
| vacancy. Within
fourteen days after the submission of the list, | 247 |
| the governor shall appoint
individuals from the list. With respect | 248 |
| to the filling of
vacancies, the nominating committee shall | 249 |
| provide the governor with a list of
four individuals who are, in | 250 |
| the judgment of the nominating committee, the
most fully qualified | 251 |
| to accede to membership on the
commission. The nominating | 252 |
| committee shall not include the name of
an individual upon the | 253 |
| list for the filling of vacancies if the appointment of
that | 254 |
| individual by the governor would result in more than three members | 255 |
| of the
commission belonging to or being affiliated with the same | 256 |
| political party.
The committee shall include on the list for the | 257 |
| filling of vacancies only the
names of attorneys admitted to | 258 |
| practice law in this state if, to fulfill the
requirement of | 259 |
| division (A) of section 4121.12 of the Revised Code, the
vacancy | 260 |
| must be filled by an attorney. | 261 |
| (D) The remaining four members of the commission
shall be the | 266 |
| chairperson and ranking minority member of
the standing committees | 267 |
| of the house of representatives and of the senate to
which | 268 |
| legislation concerning this chapter and Chapters 4123., 4127., and | 269 |
| 4131.
of the Revised Code normally are
referred, or a designee of | 270 |
| the chairperson or ranking
minority member, provided
that the | 271 |
| designee is a member of the standing committee. Legislative | 272 |
| members
shall serve during the session of the general
assembly to | 273 |
| which they are elected and for as long as they are members of the | 274 |
|
general assembly. Legislative members shall serve in an advisory | 275 |
| capacity to
the commission and shall have no voting rights on | 276 |
| matters coming before the
commission. Membership on the commission | 277 |
| by legislative members shall not be
deemed as holding a public | 278 |
| office. | 279 |
| (1) On and before August 31, 1998, not to exceed
six thousand | 286 |
| dollars payable at
the rate of five hundred dollars per month. A | 287 |
| member shall receive
the monthly five hundred dollar salary only | 288 |
| if
the member has attended at least one
meeting of the commission | 289 |
| during that month. A member may receive no more
than the monthly | 290 |
| five hundred dollar salary regardless of the number of
meetings | 291 |
| held by the commission during a month or the number of meetings
in | 292 |
| excess of one within a month that the member attends. | 293 |
| The chairperson of the commission shall set the meeting dates | 305 |
| of the
commission as necessary to perform the duties of the | 306 |
| commission under this
chapter and Chapters 4123., 4127., and 4131. | 307 |
| of the Revised
Code. The commission shall meet at least nine times | 308 |
| during the
period commencing
on the first day of September and | 309 |
| ending on the thirty-first day of
August of the following year. | 310 |
| The administrator of
workers' compensation shall
provide | 311 |
| professional and
clerical assistance to the commission, as the | 312 |
| commission considers
appropriate. | 313 |
| (6) Establish objectives, policies, and
criteria for the | 329 |
|
administration of the investment program that include
asset | 330 |
| allocation targets and ranges, risk factors, asset class | 331 |
|
benchmarks, time horizons, total return objectives, and | 332 |
|
performance evaluation guidelines, and
monitor the administrator's | 333 |
| progress in implementing the
objectives, policies, and criteria on | 334 |
| a quarterly basis. The commission
shall
publish the objectives, | 335 |
| policies, and criteria no less than
annually and shall make copies | 336 |
| available to interested parties. The
commission shall prohibit, on | 337 |
| a prospective basis,
specific investment activity it finds to be | 338 |
| contrary to its investment
objectives, policies, and criteria. | 339 |
| Sec. 4121.121. (A) There is hereby created the bureau of | 372 |
|
workers' compensation, which shall be administered by the | 373 |
| administrator of
workers' compensation. A person appointed to the | 374 |
| position of administrator
shall possess significant management | 375 |
| experience in effectively managing an
organization or | 376 |
| organizations of substantial size and complexity. The
governor | 377 |
| shall appoint the administrator as provided in section 121.03 of | 378 |
| the
Revised Code, and the administrator shall
serve at the | 379 |
| pleasure of the governor. The governor shall fix the | 380 |
|
administrator's salary
on the basis of the administrator's | 381 |
| experience and the administrator's
responsibilities and duties | 382 |
under this
chapter and Chapters 4123., 4127., and 4131., and 4167. | 383 |
| of
the Revised Code. The governor shall not appoint to the | 384 |
| position of
administrator any person who has, or whose spouse
has, | 385 |
| given a contribution to the campaign committee of the governor in | 386 |
|
an amount greater than one thousand dollars during the two-year | 387 |
| period
immediately preceding the date of the appointment of the | 388 |
| administrator. | 389 |
| The administrator shall hold no other public office and shall | 390 |
| devote
full time to the duties of administrator.
Before entering | 391 |
| upon the duties of the office, the
administrator shall take an | 392 |
| oath of office as required by
sections 3.22 and 3.23 of the | 393 |
| Revised Code, and shall file in the office of
the secretary of | 394 |
| state, a bond signed by the administrator and by surety
approved | 395 |
| by the governor, for the sum of fifty thousand dollars payable to | 396 |
| the
state, conditioned upon the faithful performance of the | 397 |
| administrator's
duties. | 398 |
| (1) Establish the overall administrative policy
of the bureau | 405 |
for the purposes of this chapter and Chapters 4123.,
4127., and | 406 |
| 4131., and 4167. of the Revised Code, and perform all acts and | 407 |
| exercise all
authorities
and powers, discretionary and otherwise | 408 |
| that are required
of or vested in the bureau or any of its | 409 |
employees in this chapter and
Chapters 4123., 4127., and 4131., | 410 |
| and 4167. of the Revised Code, except the acts and the
exercise of | 411 |
| authority and power that is required of and
vested in the | 412 |
| oversight commission or the industrial commission pursuant to | 413 |
|
those chapters. The treasurer
of state shall honor all warrants | 414 |
| signed by the administrator, or
by one or more of the | 415 |
| administrator's employees, authorized
by the administrator
in | 416 |
| writing, or bearing the facsimile signature of the
administrator | 417 |
| or such employee under sections 4123.42 and 4123.44
of the Revised | 418 |
| Code. | 419 |
| (2) Employ, direct, and supervise all employees required
in | 420 |
| connection with the performance of the duties assigned to the | 421 |
bureau by this chapter and Chapters 4123., 4127., and 4131., and | 422 |
| 4167. of
the Revised Code, and may establish job classification | 423 |
| plans and
compensation for all employees of the bureau provided | 424 |
| that this
grant of authority shall not be construed as affecting | 425 |
| any
employee for whom the state employment relations board has | 426 |
|
established an appropriate bargaining unit under section 4117.06 | 427 |
|
of the Revised Code. All positions of employment in the bureau
are | 428 |
| in the classified civil service except those employees the | 429 |
|
administrator may appoint to serve at the administrator's
pleasure | 430 |
| in the unclassified civil service pursuant to section
124.11 of | 431 |
| the Revised Code. The administrator shall fix the salaries of | 432 |
|
employees the administrator appoints to serve at
the | 433 |
| administrator's pleasure, including the chief operating
officer, | 434 |
| staff physicians, and other senior management personnel of the | 435 |
|
bureau and shall establish the compensation of staff attorneys of | 436 |
| the
bureau's legal section and their immediate supervisors, and | 437 |
| take whatever
steps are necessary to provide adequate compensation | 438 |
| for other staff
attorneys. | 439 |
| The administrator may appoint a person holding a certified | 440 |
|
position in the classified service to any state position in the | 441 |
|
unclassified service of the bureau of workers' compensation. A | 442 |
|
person so appointed shall retain the right to resume the
position | 443 |
| and status held by the person in the classified service | 444 |
|
immediately prior to the person's appointment in the
unclassified | 445 |
| service. If the position the person previously
held has been | 446 |
| filled or placed in the unclassified service, or
is otherwise | 447 |
| unavailable, the person shall be appointed to a
position in the | 448 |
| classified service within the bureau that the
department of | 449 |
| administrative services certifies is comparable in compensation
to | 450 |
| the position the person previously held. Reinstatement to a | 451 |
|
position in the classified service shall be to a position | 452 |
|
substantially equal to that held previously, as certified by the | 453 |
|
department of administrative services. Service in the position in | 454 |
| the
unclassified
service shall be counted as service in the | 455 |
| position in the
classified service held by the person immediately | 456 |
| prior to the
person's appointment in the unclassified service. | 457 |
| When a
person
is reinstated to a position in the classified | 458 |
|
service as provided in this section, the person is entitled to
all | 459 |
| rights, status, and benefits accruing to the position during
the | 460 |
| person's time of service in the position in the unclassified | 461 |
|
service. | 462 |
| (3) Reorganize the work of the bureau, its sections, | 463 |
|
departments, and offices to the extent necessary to achieve the | 464 |
|
most efficient performance of its functions and to that end may | 465 |
|
establish, change, or abolish positions and assign and reassign | 466 |
|
duties and responsibilities of every employee of the bureau. All | 467 |
|
persons employed by the commission in positions that, after | 468 |
|
November 3, 1989, are supervised and directed by the
administrator | 469 |
| under this section are transferred to the bureau in
their | 470 |
| respective classifications but subject to reassignment and | 471 |
|
reclassification of position and compensation as the
administrator | 472 |
| determines to be in the interest of efficient
administration. The | 473 |
| civil service status of any person employed
by the commission is | 474 |
| not affected by this section. Personnel
employed by the bureau or | 475 |
| the commission who are subject to
Chapter 4117. of the Revised | 476 |
| Code shall retain all of their
rights and benefits conferred | 477 |
| pursuant to that chapter as it
presently exists or is hereafter | 478 |
| amended and nothing in this
chapter or Chapter 4123. of the | 479 |
| Revised Code shall be construed
as eliminating or interfering with | 480 |
| Chapter 4117. of the Revised
Code or the rights and benefits | 481 |
| conferred under that chapter to
public employees or to any | 482 |
| bargaining unit. | 483 |
| (5) Prepare and submit to the oversight commission | 486 |
| information the
administrator considers pertinent or the oversight | 487 |
| commission
requires, together
with the administrator's | 488 |
| recommendations, in the form of
administrative rules, for the | 489 |
| advice and consent of
the oversight commission, for | 490 |
|
classifications of occupations or industries, for premium rates | 491 |
|
and contributions, for the amount to be credited to the surplus | 492 |
|
fund, for rules and systems of rating, rate revisions, and merit | 493 |
|
rating. The administrator shall obtain, prepare, and submit any | 494 |
|
other information the oversight commission requires for
the prompt | 495 |
| and efficient discharge of its duties. | 496 |
| (7) Exercise the investment powers vested in the | 503 |
|
administrator by section 4123.44 of the Revised Code in
accordance | 504 |
| with the investment objectives, policies, and
criteria established | 505 |
| by the oversight commission
pursuant to section 4121.12 of the | 506 |
| Revised Code. The administrator shall not
engage in any
prohibited | 507 |
| investment activity specified by the oversight commission pursuant | 508 |
|
to division (F)(6) of section 4121.12 of the Revised Code. All | 509 |
| business
shall be transacted, all funds invested, all warrants for | 510 |
| money drawn and
payments made, and all cash and securities and | 511 |
| other property held, in the
name of the bureau, or in the name of | 512 |
| its nominee, provided that nominees are
authorized by the | 513 |
| administrator solely for
the purpose of facilitating the transfer | 514 |
| of securities, and restricted to
the administrator and designated | 515 |
|
employees. | 516 |
| (9) Purchase supplies, materials, equipment, and services; | 520 |
| make contracts
for, operate, and superintend the telephone, other | 521 |
| telecommunication,
and computer services for the use of the | 522 |
| bureau; and make
contracts in connection with office reproduction, | 523 |
| forms
management, printing, and other services. Notwithstanding | 524 |
| sections 125.12
to 125.14 of the Revised Code, the administrator | 525 |
| may transfer surplus computers and computer
equipment directly to | 526 |
| an accredited public school within the state. The
computers and | 527 |
| computer equipment may be repaired or refurbished prior to the | 528 |
|
transfer. | 529 |
| (11) As promptly as possible in the course of efficient | 535 |
|
administration, decentralize and relocate such of the personnel | 536 |
|
and activities of the bureau as is appropriate to the end that
the | 537 |
| receipt, investigation, determination, and payment of claims
may | 538 |
| be undertaken at or near the place of injury or the residence
of | 539 |
| the claimant and for that purpose establish regional offices,
in | 540 |
| such places as the administrator considers proper, capable
of | 541 |
| discharging as
many of the functions of the bureau as is | 542 |
| practicable so as to
promote prompt and efficient administration | 543 |
| in the processing of
claims. All active and inactive lost-time | 544 |
| claims files shall be
held at the service office responsible for | 545 |
| the claim. A
claimant, at the claimant's request, shall be | 546 |
| provided with
information by
telephone as to the location of the | 547 |
| file pertaining to the claimant's claim. The
administrator shall | 548 |
| ensure that all service office employees
report directly to the | 549 |
| director for their service office. | 550 |
| (15) Manage and operate a data processing system with a | 569 |
|
common data base for the use of both the bureau and the
commission | 570 |
| and, in consultation with the commission, using
electronic data | 571 |
| processing equipment, shall develop a claims
tracking system that | 572 |
| is sufficient to monitor the status of a
claim at any time and | 573 |
| that lists appeals that have been filed and
orders or | 574 |
| determinations that have been issued pursuant to
section 4123.511 | 575 |
| or 4123.512 of the Revised Code, including the
dates of such | 576 |
| filings and issuances. | 577 |
| (a) Assist the administrator in establishing standard
medical | 580 |
| fees, approving medical procedures, and determining
eligibility | 581 |
| and reasonableness of the compensation payments for
medical, | 582 |
| hospital, and nursing services, and in establishing
guidelines for | 583 |
| payment policies which recognize usual, customary,
and reasonable | 584 |
| methods of payment for covered services; | 585 |
| (17) Appoint, as the administrator determines necessary, | 594 |
|
panels to review
and advise the administrator on disputes arising | 595 |
| over a
determination that a health care service or supply provided | 596 |
| to a
claimant is not covered under this chapter or Chapter 4123. | 597 |
| of
the Revised Code or is medically unnecessary. If an individual | 598 |
|
health care provider is involved in the dispute, the panel shall | 599 |
|
consist of individuals licensed pursuant to the same section of | 600 |
|
the Revised Code as such health care provider. | 601 |
| (19) Comply with section 3517.13 of the Revised Code, and | 608 |
|
except in regard to contracts entered into pursuant to
the | 609 |
| authority contained in section 4121.44 of the Revised Code,
comply | 610 |
| with the competitive bidding
procedures set forth in the Revised | 611 |
| Code for all contracts into
which the administrator enters | 612 |
| provided that those contracts
fall within the type of contracts | 613 |
| and dollar amounts specified in the Revised
Code for competitive | 614 |
| bidding and further provided that those contracts are not | 615 |
|
otherwise specifically exempt from the competitive bidding | 616 |
| procedures
contained in the Revised Code. | 617 |
| (21) Prepare and submit to the oversight commission | 620 |
| information the
administrator considers pertinent or the oversight | 621 |
| commission requires,
together with the administrator's | 622 |
| recommendations, in the form of
administrative rules, for the | 623 |
| advice and consent of the oversight commission,
for the health | 624 |
| partnership program and the qualified health plan system, as | 625 |
|
provided in sections 4121.44, 4121.441, and 4121.442 of the | 626 |
| Revised Code. | 627 |
| (C) The administrator, with the advice and consent of the | 628 |
| senate,
shall appoint a chief operating officer who
has | 629 |
| significant experience in the field of workers'
compensation | 630 |
| insurance or other similar insurance industry experience if the | 631 |
|
administrator does not possess such experience. The chief | 632 |
| operating officer
shall not commence the chief operating officer's | 633 |
| duties
until after the senate consents to the chief
operating | 634 |
| officer's appointment. The chief operating officer
shall serve in | 635 |
| the unclassified civil service of the state. | 636 |
| Sec. 4121.37. The administrator of workers' compensation | 637 |
|
having, by
virtue of Section 35 of Article II, Ohio Constitution, | 638 |
|
the
expenditure of the fund therein created for the investigation | 639 |
|
and
prevention of industrial accidents and diseases, shall, with | 640 |
|
the advice
and consent of the workers' compensation oversight | 641 |
|
commission, in the exercise
of the administrator's authority and | 642 |
|
in the performance of the administrator's
duty, employ a | 643 |
|
superintendent and the necessary experts, engineers, | 644 |
|
investigators, clerks, and stenographers for the efficient | 645 |
|
operation of a division of safety and hygiene of the bureau of | 646 |
|
workers' compensation, which is hereby created. | 647 |
| The administrator of workers' compensation, with the
advice | 648 |
|
and consent of the oversight commission, shall pay into the safety | 649 |
|
and
hygiene
fund, which is hereby created in the state treasury, | 650 |
|
the portion
of the contributions paid by employers, calculated as | 651 |
|
though all
employers paid premiums based upon payroll, not to | 652 |
|
exceed
one per cent thereof in any year, as is
necessary for the | 653 |
|
payment of the salary of the superintendent
of the division of | 654 |
|
safety and hygiene and the compensation of the
other employees of | 655 |
the division of safety and hygiene, and the expenses of | 656 |
|
investigations and researches for the prevention of industrial | 657 |
|
accidents and diseases, and for operating the long-term care loan | 658 |
| fund program established under section 4121.48 of the Revised | 659 |
| Code. All investment
earnings of the
fund
shall be
credited to the | 660 |
| fund. The administrator has the
same
powers to
invest any of the | 661 |
| funds belonging to the fund as
are
delegated to
the administrator | 662 |
| under section
4123.44 of the
Revised Code with respect to the | 663 |
| state
insurance fund. The
superintendent,
under the direction of | 664 |
| the administrator, with the
advice and consent of
the oversight | 665 |
| commission, shall conduct
investigations and researches for the | 666 |
|
prevention of industrial
accidents and diseases, conduct loss | 667 |
|
prevention programs and
courses for employers, establish and | 668 |
|
administrate cooperative
programs with employers for the purchase | 669 |
|
of individual safety
equipment for employees, and print and | 670 |
|
distribute information as
may be of benefit to employers and | 671 |
|
employees. The administrator
shall pay from the safety and hygiene | 672 |
| fund the
salary of the
superintendent of the division of safety | 673 |
| and
hygiene, the
compensation
of the other employees of the | 674 |
| division of safety and
hygiene, the
expenses necessary or | 675 |
| incidental to investigations
and researches
for the prevention of | 676 |
| industrial accidents and
diseases,
and
the cost of printing and | 677 |
| distributing such
information. | 678 |
| The superintendent, under the direction of the administrator, | 679 |
|
shall prepare an
annual report, addressed to the governor, on the | 680 |
|
amount of the expenditures
and the purposes for
which they have | 681 |
|
been made, and the results of the investigations
and researches. | 682 |
|
The administrator shall include the
administrative costs, | 683 |
|
salaries, and other expenses of the
division of safety and hygiene | 684 |
|
as a part of the budget of the bureau of
workers' compensation | 685 |
|
that is submitted to the
director of budget and management and | 686 |
|
shall identify those expenditures
separately from other bureau | 687 |
|
expenditures. | 688 |
| The superintendent shall be a competent person with at
least | 689 |
|
five years' experience in industrial accident or disease | 690 |
|
prevention work. The superintendent and up to six positions in
the | 691 |
| division of safety and hygiene as the administrator, with the | 692 |
|
advice and
consent of the oversight commission, designates are in | 693 |
|
the unclassified civil service of the state as long as the | 694 |
|
administrator, with
the advice and consent of the oversight | 695 |
|
commission, determines the positions
subordinate to the | 696 |
|
superintendent are
primarily and distinctively administrative, | 697 |
|
managerial, or
professional in character. All other full-time | 698 |
|
employees of the
division of safety and hygiene are in the | 699 |
|
classified civil
service of the state. | 700 |
| (B) The administrator shall use the long-term care loan fund | 705 |
| program to make loans without interest to employers that are | 706 |
| nursing homes for the purpose of allowing those employers to | 707 |
| purchase, improve, install, or erect sit-to-stand floor lifts, | 708 |
| ceiling lifts, other lifts, and fast electric beds, and to pay for | 709 |
| the education and training of personnel, in order to implement a | 710 |
| facility policy of no manual lifting of residents by employees. | 711 |
| (C) There is hereby created in the state treasury the | 717 |
| long-term care loan fund. The fund shall consist of money the | 718 |
| administrator, with the advice and consent of the oversight | 719 |
| commission, requests the director of budget and management to | 720 |
| transfer from the safety and hygiene fund created in section | 721 |
| 4121.37 of the Revised Code. The fund shall be used solely for | 722 |
| purposes identified in this section. All investment earnings of | 723 |
| the fund shall be credited to the fund. All money the | 724 |
| administrator receives for payment of a default penalty assessed | 725 |
| or for repayment of any loan made pursuant to this section shall | 726 |
| be credited to the safety and hygiene fund created under section | 727 |
| 4121.37 of the Revised Code. | 728 |
| Sec. 4123.511. (A) Within seven days after receipt of
any | 731 |
| claim under this chapter, the bureau of workers' compensation | 732 |
|
shall notify the claimant and the employer of the claimant of the | 733 |
|
receipt of the claim and of the facts alleged therein. If the | 734 |
|
bureau receives from a person other than the claimant written or | 735 |
|
facsimile information or information
communicated verbally
over | 736 |
|
the telephone indicating that an injury or occupational disease | 737 |
|
has occurred or been contracted which may be compensable
under | 738 |
| this chapter,
the bureau shall notify the
employee and the | 739 |
| employer of the information. If the information
is provided | 740 |
| verbally over the
telephone, the person
providing the information | 741 |
| shall provide written verification of
the information to the | 742 |
| bureau according to division (E) of
section 4123.84 of the Revised | 743 |
| Code. The receipt of the
information in writing or facsimile, or | 744 |
| if initially by
telephone, the
subsequent written verification, | 745 |
| and the notice by the bureau shall be
considered an application | 746 |
| for compensation under section 4123.84
or 4123.85 of the Revised | 747 |
| Code, provided that the conditions of
division (E) of section | 748 |
| 4123.84 of the Revised Code apply to
information provided verbally | 749 |
| over
the telephone. Upon receipt of a claim, the bureau shall | 750 |
| advise the
claimant of the claim number assigned and the | 751 |
| claimant's right to
representation
in the processing of a claim or | 752 |
| to elect no representation. If
the bureau determines that a claim | 753 |
| is determined to be a
compensable lost-time claim, the bureau | 754 |
| shall notify the claimant
and the employer of the availability of | 755 |
| rehabilitation services.
No bureau or industrial commission | 756 |
| employee shall directly or
indirectly convey any information in | 757 |
| derogation of this right.
This section shall in no way abrogate | 758 |
| the bureau's responsibility
to aid and assist a claimant in the | 759 |
| filing of a claim and to
advise the claimant of the claimant's | 760 |
| rights under the law. | 761 |
| The administrator of
workers' compensation,
with the
advice | 770 |
| and consent of the workers'
compensation oversight
commission, may | 771 |
| adopt rules that identify
specified medical
conditions that have a | 772 |
| historical record of
being allowed whenever
included in a claim. | 773 |
| The administrator
may grant immediate
allowance of any medical | 774 |
| condition identified
in those rules upon
the filing of a claim | 775 |
| involving that medical
condition and may
make immediate payment of | 776 |
| medical bills for any
medical condition
identified in those rules | 777 |
| that is included in a
claim. If an
employer contests the allowance | 778 |
| of a claim involving
any medical
condition identified in those | 779 |
| rules, and the claim is
disallowed,
payment for the medical | 780 |
| condition included in that
claim shall be
charged to and paid from | 781 |
| the surplus fund created
under section
4123.34 of the Revised | 782 |
| Code. | 783 |
| (B)(1) Except as provided in division (B)(2) of this
section, | 784 |
| in claims other than those in which the employer is a | 785 |
|
self-insuring employer, if the administrator determines under | 786 |
|
division (A) of this section that a claimant is or is not
entitled | 787 |
| to an award of compensation or benefits, the
administrator shall | 788 |
| issue an order no later than
twenty-eight days after the sending | 789 |
| of the notice under division
(A) of this section, granting or | 790 |
| denying the payment of the
compensation or benefits, or both as is | 791 |
| appropriate to the
claimant. Notwithstanding the time limitation | 792 |
| specified in this division for
the issuance of an order, if a | 793 |
| medical examination of the claimant is required
by statute, the | 794 |
| administrator promptly shall schedule the claimant for that | 795 |
|
examination and shall issue an order no later than twenty-eight | 796 |
| days after
receipt of the report of the examination. The | 797 |
| administrator shall notify the
claimant and the
employer of the | 798 |
| claimant and their respective representatives in
writing of the | 799 |
| nature of the order and the amounts of
compensation and benefit | 800 |
| payments involved. The employer or
claimant may appeal the order | 801 |
| pursuant to division (C) of this
section within fourteen days | 802 |
| after the date of the receipt of the
order. The employer and | 803 |
| claimant may waive, in writing, their
rights to an appeal under | 804 |
| this division. | 805 |
| (2) Notwithstanding the time limitation specified in
division | 806 |
| (B)(1) of this section for the issuance of an order, if
the | 807 |
| employer certifies a claim for payment of compensation or | 808 |
|
benefits, or both, to a claimant, and the administrator has | 809 |
|
completed the investigation of the claim, the payment of
benefits | 810 |
|
or compensation, or both, as is appropriate, shall commence upon | 811 |
|
the later of the date of the certification or completion of the | 812 |
|
investigation and issuance of the order by the administrator, | 813 |
|
provided that the administrator shall issue the order no later | 814 |
|
than the time limitation specified in division (B)(1) of this | 815 |
|
section. | 816 |
| (3) If an appeal is made under division (B)(1) or (2) of
this | 817 |
| section, the administrator shall forward the claim file to
the | 818 |
| appropriate district hearing officer within seven days of the | 819 |
|
appeal. In contested claims other than state fund claims, the | 820 |
|
administrator shall forward the claim within seven days of the | 821 |
| administrator's
receipt of the claim to the commission,
which | 822 |
| shall refer
the claim to an appropriate district hearing officer | 823 |
| for a
hearing in accordance with division (C) of this section. | 824 |
| (D) Upon the timely filing of an appeal of the order of
the | 841 |
| district hearing officer issued under division (C) of this | 842 |
|
section, the commission shall refer the claim file to an | 843 |
|
appropriate staff hearing officer according to its rules adopted | 844 |
|
under section 4121.36 of the Revised Code. The staff hearing | 845 |
|
officer shall hold a hearing within forty-five days after the | 846 |
|
filing of an appeal under this division and issue a decision | 847 |
|
within seven days after holding the
hearing under this
division. | 848 |
| The staff hearing officer shall notify the parties and
their | 849 |
| respective representatives in writing of the staff hearing | 850 |
|
officer's order. Any
party may appeal an order issued under this | 851 |
| division pursuant to
division (E) of this section within fourteen | 852 |
| days after receipt
of the order under this division. | 853 |
| (E) Upon the filing of a timely appeal of the order of the | 854 |
|
staff hearing officer issued under division (D) of this section, | 855 |
|
the commission or a designated staff hearing officer, on behalf of | 856 |
| the
commission, shall determine whether the commission
will hear | 857 |
| the appeal. If the commission or the designated staff
hearing | 858 |
| officer decides to hear the appeal, the
commission or the | 859 |
| designated staff hearing officer shall notify the
parties and | 860 |
| their respective representatives in
writing of the time and place | 861 |
| of the hearing. The commission
shall hold the hearing within | 862 |
| forty-five days after the filing of
the notice of appeal and, | 863 |
| within seven days after the conclusion
of the hearing, the | 864 |
| commission shall issue its order affirming,
modifying, or | 865 |
| reversing the order issued under division (D) of
this section. The | 866 |
| commission shall notify the parties and their
respective | 867 |
| representatives in writing of the order. If the
commission or the | 868 |
| designated staff hearing officer determines not to
hear the | 869 |
| appeal, within fourteen days after the filing of
the notice of | 870 |
| appeal, the commission or the designated staff hearing
officer | 871 |
| shall issue an order to that effect and notify the parties and | 872 |
|
their respective representatives in writing of that order. | 873 |
| (3) The administrator is a party and may appear and | 893 |
| participate at all
administrative proceedings on behalf of the | 894 |
| state insurance fund.
However, in cases in which the employer is | 895 |
| represented, the administrator
shall neither present arguments nor | 896 |
| introduce testimony that is cumulative to
that presented or | 897 |
| introduced by the employer or the employer's representative.
The | 898 |
| administrator may file an appeal under this section on behalf of | 899 |
| the
state insurance fund; however, except in cases arising under | 900 |
| section 4123.343
of the Revised Code, the administrator only may | 901 |
| appeal questions of law or
issues of fraud when the employer | 902 |
| appears in person or by representative. | 903 |
| (J) Upon the final administrative or judicial
determination | 929 |
| under this section or section 4123.512 of the Revised Code of an | 930 |
|
appeal of an order to pay compensation, if a claimant is found to | 931 |
| have
received compensation pursuant to a prior order which is | 932 |
| reversed upon
subsequent appeal, the claimant's
employer, if a | 933 |
| self-insuring
employer, or the bureau, shall withhold from any | 934 |
|
amount to which the claimant becomes entitled pursuant to any | 935 |
|
claim, past, present, or future, under Chapter 4121., 4123., | 936 |
|
4127., or 4131. of the Revised Code, the amount of previously paid | 937 |
|
compensation to the claimant which, due to
reversal upon appeal, | 938 |
| the claimant is not entitled, pursuant to the
following criteria: | 939 |
| The administrator and self-insuring employers, as | 953 |
| appropriate, are subject
to the repayment schedule of this | 954 |
| division only with respect to an order to pay
compensation that | 955 |
| was properly paid under a previous order, but which is | 956 |
|
subsequently reversed upon an administrative or judicial appeal. | 957 |
| The
administrator and self-insuring employers are not subject to, | 958 |
| but may utilize,
the repayment schedule of this division, or any | 959 |
| other lawful means, to collect
payment of compensation made to a | 960 |
| person who was not entitled to the
compensation due to fraud as | 961 |
| determined by the administrator or the industrial
commission. | 962 |
| (2) "Disaster" means any natural catastrophe or fire,
flood, | 991 |
| or explosion, regardless of the cause, that causes damage
of | 992 |
| sufficient magnitude that the governor of Ohio or the
president of | 993 |
| the United States, through a public
declaration,
orders state or | 994 |
| federal assistance to alleviate damage, loss,
hardship, or | 995 |
| suffering that results from the occurrence. | 996 |
In making appointments to the commission, the
director shall | 1007 |
select the
members representing public employers from a
list of | 1008 |
six names submitted by the Ohio municipal league, six
names | 1009 |
submitted by the Ohio township association, six names
submitted by | 1010 |
the county commissioners association of Ohio, three
names | 1011 |
submitted by the inter-university council of Ohio, and
three names | 1012 |
submitted by the Ohio school board association,
provided that from | 1013 |
the lists submitted, the
director shall appoint two members from | 1014 |
the names submitted by the Ohio
municipal league, one of whom | 1015 |
shall represent a larger municipal
corporation and one of whom | 1016 |
shall represent a smaller municipal
corporation, two members from | 1017 |
the names submitted by the Ohio
township association, one of whom | 1018 |
shall represent a larger
township and one of whom shall represent | 1019 |
a smaller township, two
members from the names submitted by the | 1020 |
county commissioners
association of Ohio, one of whom shall | 1021 |
represent a larger county
and one of whom shall represent a | 1022 |
smaller county, one member from
the names submitted by the | 1023 |
inter-university council of Ohio, and
one member from the names | 1024 |
submitted by the Ohio school board
association. | 1025 |
(C) The director shall make the initial
appointments to
the | 1031 |
commission within ninety days after April 20, 1993.
Of the
initial | 1032 |
appointments, the
director shall
appoint two public
employer and | 1033 |
two public employee members to
serve for a term
ending two years | 1034 |
after the appointment date, two
public employer
and two public | 1035 |
employee members to serve for a
term ending three
years after the | 1036 |
appointment date, two public
employer and two
public employee | 1037 |
members to serve for a term
ending four years
after the | 1038 |
appointment date, and two public
employer, and two
public employee | 1039 |
members to serve a term ending
five years after
the appointment | 1040 |
date. Thereafter, terms of
office are for five
years ending on the | 1041 |
fifth anniversary of the
appointment date.
Each member shall serve | 1042 |
subsequent to the
expiration of the
member's term until the | 1043 |
member's
successor is appointed and
qualified or until a period of | 1044 |
sixty days has elapsed, whichever
occurs first. Before entering | 1045 |
upon the duties of office,
each
member shall take and subscribe to | 1046 |
and file with the
secretary of
state the constitutional oath of | 1047 |
office. The
director shall fill
all vacancies in the manner | 1048 |
prescribed for
regular appointments to
the commission but such | 1049 |
appointments are
limited to the unexpired
terms. Members are | 1050 |
eligible for
reappointment to the commission. | 1051 |
The director, after giving the member notice and
an | 1052 |
opportunity for a hearing, may remove a member for misfeasance, | 1053 |
malfeasance, or nonfeasance. Three or more absences by a member | 1054 |
from commission meetings that are not excused by the commission | 1055 |
constitute nonfeasance. If the director removes a
member, the | 1056 |
director promptly shall fill the vacancy created
in accordance | 1057 |
with the requirements of this section. | 1058 |
| (1) Adopt rules, with the advice and consent of the workers' | 1071 |
| compensation oversight commission and in accordance with Chapter | 1072 |
| 119. of the
Revised Code, for the administration and enforcement | 1073 |
of this
chapter, including rules covering standards the
director | 1074 |
| administrator shall
follow in issuing an emergency temporary Ohio | 1075 |
| employment risk
reduction standard under section 4167.08 of the | 1076 |
| Revised Code and
a
temporary variance and a variance from an Ohio | 1077 |
| employment risk
reduction standard or part thereof under section | 1078 |
| 4167.09 of the
Revised Code; | 1079 |
(G)(C) In carrying out the responsibilities of this chapter, | 1082 |
the
directoradministrator
may use, with the consent of
any | 1083 |
| federal, state, or
local agency, the services, facilities,
and | 1084 |
| personnel of such
agency, with or without reimbursement, and
may | 1085 |
| retain or contract
with experts, consultants, and
organizations | 1086 |
for services or
personnel on such terms as the
director | 1087 |
| administrator determines appropriate. | 1088 |
| Sec. 4167.06. (A) A public employee acting in good faith
has | 1089 |
| the right to refuse to work under conditions that the public | 1090 |
|
employee reasonably believes present an imminent danger of death | 1091 |
|
or serious harm to the public employee, provided that such | 1092 |
|
conditions are not such as normally exist for or reasonably might | 1093 |
|
be expected to occur in the occupation of the public employee. A | 1094 |
|
public employer shall not discriminate against a public employee | 1095 |
|
for a good faith refusal to perform assigned tasks if the public | 1096 |
|
employee has requested that the public employer correct the | 1097 |
|
hazardous conditions but the conditions remain uncorrected, there | 1098 |
|
was insufficient time to eliminate the danger by resorting to the | 1099 |
|
enforcement methods provided in this chapter, and the danger was | 1100 |
|
one that a reasonable person under the circumstances then | 1101 |
|
confronting the public employee would conclude is an imminent | 1102 |
|
danger of death or serious physical harm to the public employee.
A | 1103 |
| public employee who has refused in good faith to perform
assigned | 1104 |
| tasks and who has not been reassigned to other tasks by
the public | 1105 |
| employer shall, in addition to retaining a right to
continued | 1106 |
| employment, receive full compensation for the tasks
that
would | 1107 |
| have been performed. If the public employer reassigns
the
public | 1108 |
| employee, the public employer shall pay the
public
employee's full | 1109 |
|
compensation as if the public employee were not
reassigned. | 1110 |
| (B) A public employee who exercises the right to refuse to | 1111 |
|
work under division (A) of this section shall notify by a written | 1112 |
|
statement that is signed by the public employee, as soon as | 1113 |
practicable after exercising that right, the
director
of commerce | 1114 |
| administrator of workers' compensation
of the condition that | 1115 |
|
presents an imminent danger of death or
serious harm to the
public | 1116 |
employee. Upon receipt of the
notification, the
director | 1117 |
administrator or the director'sadministrator's
designee | 1118 |
| immediately
shall inspect the premises of
the public
employer. The | 1119 |
directoradministrator
and the
director'sadministrator's
designee | 1120 |
| shall comply
with section 4167.10 of
the Revised Code in | 1121 |
| conducting the inspection and
investigation
and in issuing orders | 1122 |
| and citations. | 1123 |
| (C) A public employee who refuses to perform assigned
tasks | 1124 |
|
under division (A) of this section and fails to meet all of
the | 1125 |
|
conditions set forth in that division for the refusal is
subject | 1126 |
|
to any disciplinary action provided by law or agreement
between | 1127 |
|
the public employer and public employee for a refusal to
work, | 1128 |
|
including, but not limited to, suspension, nonpayment of
wages for | 1129 |
|
the duration of the refusal to work, and discharge. | 1130 |
| (B) The administrator, with the advice and consent of the | 1156 |
| workers' compensation oversight commission, may decline to adopt | 1157 |
| any federal
occupational safety and health standard as a rule and | 1158 |
| an Ohio
employment risk reduction standard or to modify or rescind | 1159 |
| any
existing rule and Ohio employment risk reduction standard to | 1160 |
|
conform to any federal occupational safety and health standard | 1161 |
|
modified or revoked by the United States secretary of labor or
may | 1162 |
| adopt as a rule and an Ohio employment risk reduction
standard any | 1163 |
| occupational safety and health standard that is not
covered under | 1164 |
| the federal law or that differs from one adopted or
modified by | 1165 |
the United States secretary of labor, if the
commission | 1166 |
| administrator determines that existing rules and Ohio employment | 1167 |
|
risk reduction standards provide protection at least as effective | 1168 |
|
as that which would be provided by the existing, new, or modified | 1169 |
federal occupational safety and health standard or if itthe | 1170 |
| administrator
determines that local conditions warrant a different | 1171 |
| standard
from that of the existing federal occupational safety and | 1172 |
| health
standard or from standards the United States secretary of | 1173 |
| labor
adopts, modifies, or revokes. | 1174 |
| (2) Base the development of these rules and Ohio
employment | 1187 |
| risk reduction standards on research, demonstrations,
experiments, | 1188 |
| and other information as is appropriate and upon the
technological | 1189 |
| feasibility of the rule and standard, using the
latest available | 1190 |
| scientific data in the field and the experience
gained in the | 1191 |
| workplace under this chapter and other health and
safety laws, to | 1192 |
| establish the highest degree of safety and health
for the public | 1193 |
| employee; | 1194 |
| (E)(1) Except for rules adopted under division (A) of this | 1220 |
|
section, the administrator, with the advice and consent of the | 1221 |
| workers' compensation oversight commission, shall adopt all rules | 1222 |
| under this section
in accordance with Chapter 119. of the Revised | 1223 |
Code, provided
that notwithstanding that chapter, the commission | 1224 |
| administrator may delay the
effective date of any rule or Ohio | 1225 |
employment risk reduction
standard for the period the commission | 1226 |
| administrator determines necessary to
ensure that affected public | 1227 |
| employers and public employees will
be informed of the adoption, | 1228 |
| modification, or rescission of the
rule and Ohio employment risk | 1229 |
| reduction standard and have the
opportunity to familiarize | 1230 |
| themselves with the specific
requirements of the rule and | 1231 |
standard. In no case, however,
shall the commissionadministrator | 1232 |
| delay the effective date of a rule adopted
pursuant to Chapter | 1233 |
| 119. of the Revised Code in excess of ninety
days beyond the | 1234 |
| otherwise required effective date. | 1235 |
| (B)(1) Except as provided in division (B)(2) of this
section | 1254 |
|
an emergency temporary Ohio employment risk reduction
standard | 1255 |
issued by the directoradministrator under division (A)
of
this | 1256 |
|
section
shall be
in effect no longer than fifteen days, unless the | 1257 |
|
commission
approves the emergency temporary Ohio employment risk | 1258 |
reduction
standard as issued by the directoradministrator, in | 1259 |
|
which case, the
emergency
temporary Ohio employment risk reduction | 1260 |
| standard shall
be in
effect no longer than one hundred twenty days | 1261 |
after the
date the
directoradministrator issues it. | 1262 |
| On or before the expiration date of the emergency temporary | 1270 |
|
Ohio employment risk reduction standard or renewal thereof, if
the | 1271 |
|
conditions identified in divisions (A)(1) and (2) of this
section | 1272 |
|
continue to exist, the administrator, with the advice and consent | 1273 |
| of the oversight commission, shall adopt a permanent
Ohio | 1274 |
|
employment risk reduction standard pursuant to section
4167.07 of | 1275 |
|
the Revised Code as a rule to replace the emergency
temporary Ohio | 1276 |
|
employment risk reduction standard. | 1277 |
| Sec. 4167.09. (A) Any public employer affected by a
proposed | 1278 |
| rule or Ohio employment risk reduction standard or any
provision | 1279 |
| of a standard proposed under section 4167.07 or
4167.08 of
the | 1280 |
Revised Code may apply to the director of
commerceadministrator | 1281 |
| of workers' compensation for an
order granting a temporary | 1282 |
|
variance from the standard or provision. The application
for the | 1283 |
| order and any extension of the order shall contain a
reasonable | 1284 |
application fee, as determined by the public
employment risk | 1285 |
reduction advisoryworkers' compensation oversight commission, and | 1286 |
| all of the
following information: | 1287 |
| (5) A certification that the public employer has informed
the | 1305 |
| public employer's public employees of the application by
giving a | 1306 |
| copy of the
application to the public employee representative, if | 1307 |
| any, and by
posting a statement giving a summary of the | 1308 |
| application and
specifying where a copy of the application may be | 1309 |
| examined at the
place or places where notices to public employees | 1310 |
| are normally
posted, and by any other appropriate means of public | 1311 |
| employee
notification. The public employer also shall inform the | 1312 |
| public
employer's public
employees of their rights to a hearing | 1313 |
| under section 4167.15 of
the Revised Code. The certification also | 1314 |
| shall contain a
description of how public employees have been | 1315 |
| informed of the
application and of their rights to a hearing. | 1316 |
(C)(1) If the directoradministrator issues an order | 1338 |
| providing
for
a temporary variance under division (B) of this | 1339 |
section, the
directoradministrator shall prescribe the practices, | 1340 |
| means,
methods,
operations, and
processes that the public employer | 1341 |
| must adopt and use while the
order is in effect and state in | 1342 |
| detail the public employer's
program for coming into compliance | 1343 |
with the Ohio employment risk
reduction standard. The director | 1344 |
| administrator may issue the
order
only after
providing notice to | 1345 |
| affected public employees and their public
employee | 1346 |
| representative, if any, and an opportunity for a hearing
pursuant | 1347 |
to section 4167.15 of the Revised Code, provided that
the director | 1348 |
| administrator may issue one interim order granting
a
temporary | 1349 |
|
order
to be effective until a decision on a hearing is made. | 1350 |
| Except as
provided in division (C)(2) of this section, no | 1351 |
| temporary
variance may be in effect for longer than the period | 1352 |
| needed by
the public employer to achieve compliance with the Ohio | 1353 |
|
employment risk reduction standard or one year, whichever is | 1354 |
|
shorter. | 1355 |
| (D) Any public employer affected by an Ohio employment
risk | 1363 |
| reduction standard or any provision of it proposed,
adopted, or | 1364 |
| otherwise issued under section 4167.07 or
4167.08 of
the Revised | 1365 |
Code may apply to the directoradministrator for an
order granting | 1366 |
a variance from the standard or provision. The
director | 1367 |
| administrator shall provide affected public employees
and
their | 1368 |
| public employee
representative, if any, notice of the application | 1369 |
| and shall
provide an opportunity for a hearing pursuant to section | 1370 |
4167.15
of the Revised Code. The directoradministrator shall | 1371 |
| issue the
order granting
the variance if the public employer files | 1372 |
| an application that
meets the requirements of division (B) of this | 1373 |
| section, and after
an opportunity for a hearing pursuant to | 1374 |
| section 4167.15 of the
Revised Code, and if the public employer | 1375 |
establishes to the
satisfaction of the directoradministrator that | 1376 |
| the conditions,
practices, means, methods, operations, or | 1377 |
| processes used or proposed to be
used by the public employer will | 1378 |
| provide employment and
places of employment to the public | 1379 |
| employer's public
employees that are as safe and healthful as | 1380 |
| those that
would prevail if the public employer complied with the | 1381 |
Ohio
employment risk
reduction standard. The director | 1382 |
| administrator shall prescribe
in
the order
granting the variance | 1383 |
| the conditions the public employer must
maintain, and the | 1384 |
| practices, means, methods, operations, and
processes the public | 1385 |
| employer must adopt and utilize in lieu
of the Ohio
employment | 1386 |
risk reduction standard that would otherwise apply. The
director | 1387 |
| administrator may modify or revoke the order upon
application of | 1388 |
| the
public employer, public employee, or public employee | 1389 |
representative, or upon the director'sadministrator's own motion | 1390 |
| in
the manner prescribed
for the issuance of an order under this | 1391 |
| division at any time
during six months after the date of issuance | 1392 |
| of the order. | 1393 |
| Sec. 4167.10. (A) In order to carry out the purposes of
this | 1394 |
chapter, the director of commerceadministrator of workers' | 1395 |
compensation or the
director'sadministrator's designee
shall, as | 1396 |
| provided in
this section,
inspect and investigate any
plant, | 1397 |
| facility, establishment,
construction site, or any other
area, | 1398 |
| workplace, or environment
where work is being performed by a | 1399 |
|
public employee of a public
employer, and any place of employment | 1400 |
|
and all pertinent
conditions, structures, machines, apparatus, | 1401 |
|
devices, equipment,
and materials therein, and question privately | 1402 |
|
any public
employer, administrator, department head, operator, | 1403 |
|
agent, or
public employee. The authority to inspect and | 1404 |
|
investigate
includes the taking of environmental samples, the | 1405 |
|
taking and
obtaining of photographs related to the purposes of the | 1406 |
|
inspection or investigation, the examination of records required | 1407 |
|
to be kept under section 4167.11 of the Revised Code and other | 1408 |
|
documents and records relevant to the inspection and | 1409 |
|
investigation, the issuance of subpoenas, and the conducting of | 1410 |
|
tests and other studies reasonably calculated to serve the | 1411 |
|
purposes of implementing and enforcing this chapter. Except as | 1412 |
provided in this section, the directoradministrator or the | 1413 |
director'sadministrator's designee
shall conduct
inspections and | 1414 |
| investigations only pursuant to a
request to do
so by a public | 1415 |
| employee or public employee
representative, or the notification | 1416 |
the directoradministrator receives pursuant
to division (B) of | 1417 |
section 4167.06 of the Revised Code and only
if
the director | 1418 |
administrator or the
director'sadministrator's designee complies | 1419 |
with this
section. The directoradministrator or the
director's | 1420 |
| administrator's designee shall conduct
all requested
or
required | 1421 |
| inspections within a reasonable amount
of time following
receipt | 1422 |
| of the request or notification. | 1423 |
| (B)(1) Any public employee or public employee
representative | 1424 |
|
who believes that a violation of an Ohio
employment risk reduction | 1425 |
|
standard exists that threatens physical
harm, or that an imminent | 1426 |
|
danger exists, may request an
inspection by giving written notice | 1427 |
to the
directoradministrator or the
director'sadministrator's | 1428 |
| designee
of the violation or
danger. The notice shall set forth | 1429 |
| with
reasonable particularity
the grounds for the notice, and | 1430 |
| shall be
signed by the public
employee or public employee | 1431 |
| representative. The names of
individual public employees making | 1432 |
| the notice or
referred to
therein shall not appear in the copy | 1433 |
| provided to the
public
employer pursuant to division (B)(2) of | 1434 |
| this section and
shall be
kept confidential. | 1435 |
| (2) If, upon receipt of a notification pursuant to
division | 1436 |
(B)(1) of this section, the directoradministrator
determines that | 1437 |
| there
are no
reasonable grounds to believe that a violation or | 1438 |
danger
exists,
the directoradministrator shall inform the public | 1439 |
|
employee or public
employee
representative in writing of the | 1440 |
determination. If,
upon receipt
of a notification, the director | 1441 |
| administrator
determines that there
are
reasonable grounds to | 1442 |
believe that a violation or danger
exists,
the director | 1443 |
| administrator shall, within one week,
excluding Saturdays, | 1444 |
| Sundays,
and any legal
holiday as defined in section 1.14 of the | 1445 |
| Revised
Code, after receipt
of the notification, notify the public | 1446 |
|
employer, by certified mail,
return receipt requested, of the | 1447 |
|
alleged violation or danger. The notice
provided to the public | 1448 |
|
employer or the public employer's agent shall
contain a copy of | 1449 |
the notice provided to the
directoradministrator by the public | 1450 |
|
employee or the
public employee representative under division | 1451 |
|
(B)(1) of this
section and shall inform the public employer of
the | 1452 |
alleged
violation or danger and that the
directoradministrator or | 1453 |
the
director'sadministrator's
designee will investigate and | 1454 |
| inspect
the public employer's
workplace as provided in this | 1455 |
section. The public employer must
respond to the director | 1456 |
administrator, in a method determined by
the
director | 1457 |
| administrator,
concerning the alleged violation or
danger,
within | 1458 |
| thirty days
after receipt of the notice. If the public
employer | 1459 |
| does not
correct the violation or danger within the
thirty-day | 1460 |
| period or if
the public employer fails to respond
within that time | 1461 |
period, the
directoradministrator or the
director's | 1462 |
| administrator's designee shall
investigate and inspect
the public | 1463 |
employer's workplace as
provided in this section. The
director | 1464 |
administrator or the
director'sadministrator's designee shall not | 1465 |
| conduct any
inspection prior to the
end of the thirty-day period | 1466 |
unless
requested or permitted by the public employer. The
director | 1467 |
| administrator may,
at any time upon the request of the public | 1468 |
| employer, inspect and
investigate
any violation or danger alleged | 1469 |
| to exist at the public
employer's place of
employment. | 1470 |
(3) The authority of the directoradministrator or the | 1471 |
director'sadministrator's designee
to
investigate and inspect a | 1472 |
| premises pursuant to a public
employee
or public employee | 1473 |
| representative notification is not
limited to
the alleged | 1474 |
violation or danger contained in the
notification.
The director | 1475 |
administrator or the
director'sadministrator's designee may | 1476 |
|
investigate and
inspect any other
area of the premises where there | 1477 |
|
is reason to believe
that a
violation or danger exists. In | 1478 |
addition, if the
directoradministrator or the
director's | 1479 |
| administrator's designee detects any
obvious or
apparent
violation | 1480 |
| at any
temporary place of employment
while en route to the | 1481 |
| premises to
be inspected or investigated,
and that violation | 1482 |
| presents a
substantial probability that the
condition or practice | 1483 |
could
result in death or serious physical
harm, the
director | 1484 |
administrator or the
director'sadministrator's designee may use | 1485 |
| any of the
enforcement
mechanisms provided in
this section to | 1486 |
| correct or
remove the condition or practice. | 1487 |
(4) If, during an inspection or investigation, the
director | 1488 |
administrator
or the
director'sadministrator's designee finds any | 1489 |
| condition or
practice
in
any
place of
employment that presents a | 1490 |
| substantial probability that
the
condition or practice could | 1491 |
| result in death or serious
physical
harm, after notifying the | 1492 |
employer of the
director'sadministrator's
intent to issue an | 1493 |
order, the
directoradministrator shall issue
an order, or
the | 1494 |
director'sadministrator's designee shall
issue an order after | 1495 |
consultation
either by telephone or in
person with the director | 1496 |
administrator and upon the
recommendation of the
director | 1497 |
| administrator,
which prohibits the employment of
any public | 1498 |
| employee or any
continuing operation or process under
such | 1499 |
| condition or practice
until necessary steps are taken to
correct | 1500 |
| or remove the
condition or practice. The order shall not
be | 1501 |
| effective for more
than fifteen days, unless a court of
competent | 1502 |
| jurisdiction
otherwise orders as provided in section
4167.14 of | 1503 |
| the Revised
Code. | 1504 |
| (C) In making any inspections or investigations under this | 1505 |
chapter, the directoradministrator or the
director's | 1506 |
| administrator's
designee may administer
oaths and require, by | 1507 |
| subpoena, the attendance and
testimony of
witnesses
and the | 1508 |
| production of evidence under oath. Witnesses
shall
receive the | 1509 |
| same fees and mileage provided for witnesses in
civil
cases in the | 1510 |
| court of common pleas. In the case of
contumacy,
failure, or | 1511 |
| refusal of any person to comply with an
order or any
subpoena | 1512 |
| lawfully issued, or upon the refusal of any
witness to
testify to | 1513 |
| any matter regarding which the witness may
lawfully be | 1514 |
|
interrogated, a judge of the court of common pleas of
any county | 1515 |
in this state, on the application of the directoradministrator
or | 1516 |
the
director'sadministrator's designee,
shall issue an order | 1517 |
| requiring the person
to appear and to
produce evidence if, as, and | 1518 |
| when so ordered, and
to give
testimony relating to the matter | 1519 |
| under investigation or in
question. The court may punish any | 1520 |
| failure to obey the order of
the court as a contempt thereof. | 1521 |
(D) If, upon inspection or investigation, the
director | 1522 |
administrator or
the
director'sadministrator's designee believes | 1523 |
| that a public
employer
has
violated any
requirement of this | 1524 |
| chapter or any rule, Ohio
employment risk
reduction standard, or | 1525 |
order adopted or issued
pursuant thereto,
the director | 1526 |
administrator or the
director'sadministrator's designee shall, | 1527 |
|
with reasonable
promptness, issue a citation to the
public | 1528 |
|
employer. The citation shall be in writing and describe
with | 1529 |
|
particularity the nature of the alleged violation, including
a | 1530 |
|
reference to the provision of law, Ohio employment risk
reduction | 1531 |
|
standard, rule, or order alleged to have been violated. In | 1532 |
|
addition, the citation shall fix a time for the abatement of
the | 1533 |
|
violation, as provided in division (H) of this section. The | 1534 |
directoradministrator
may prescribe procedures for the issuance | 1535 |
| of a notice
with
respect to minor violations and for enforcement | 1536 |
| of minor
violations that have no direct or immediate relationship | 1537 |
| to
safety
or health. | 1538 |
(G) If the directoradministrator issues a citation pursuant | 1546 |
to
this
section, the directoradministrator shall mail the | 1547 |
| citation to
the
public
employer by certified mail, return receipt | 1548 |
| requested. The public
employer
has fourteen days after receipt of | 1549 |
the citation within
which to
notify the directoradministrator | 1550 |
| that the employer wishes to
contest
the citation. If
the employer | 1551 |
notifies the directoradministrator within the
fourteen days that | 1552 |
| the
employer wishes to contest the citation, or
if within fourteen | 1553 |
| days after
the issuance of a citation a public
employee or public | 1554 |
| employee
representative files notice that the
time period fixed in | 1555 |
| the
citation for the abatement of the
violation is unreasonable, | 1556 |
the
directoradministrator shall hold an adjudication
hearing in | 1557 |
|
accordance with Chapter 119. of the Revised Code. | 1558 |
| (H) In establishing the time limits in which a public | 1559 |
employer must abate a violation under this section, the
director | 1560 |
| administrator
shall
consider the costs to the public employer, the | 1561 |
| size and
financial resources of the public employer, the severity | 1562 |
| of the
violation, the technological feasibility of the public | 1563 |
| employer's
ability to comply with requirements of the citation, | 1564 |
| the possible
present and future detriment to the health and safety | 1565 |
| of any
public employee for failure of the public employer to | 1566 |
| comply with
requirements of the citation, and such other factors | 1567 |
as the
directoradministrator
determines appropriate. The director | 1568 |
| administrator may, after
considering the above
factors, permit the | 1569 |
| public employer to
comply with the citation over a period
of up
to | 1570 |
| two years and may
extend that period an additional one year, as | 1571 |
the directoradministrator
determines appropriate. | 1572 |
(I) Any public employer may request the director | 1573 |
| administrator
to
conduct
an
employment risk reduction inspection | 1574 |
of the public employer's
place of
employment. The director | 1575 |
administrator or the
director'sadministrator's designee
shall | 1576 |
| conduct the inspection
within a reasonable amount of time | 1577 |
following the request. Neither the
directoradministrator nor any | 1578 |
|
other person
may use any information obtained from the inspection | 1579 |
| for a period
not to exceed three years in any proceeding for a | 1580 |
| violation of
this chapter or
any rule or order issued thereunder | 1581 |
| nor in any
other action in any court in
this state. | 1582 |
| (1) Requiring each public employer to make, keep, and | 1593 |
preserve, and make available to the directoradministrator, | 1594 |
|
reports and records
regarding the public employer's activities, as | 1595 |
| determined by the
rule that are necessary or appropriate for the | 1596 |
| enforcement of
this
chapter or for developing information | 1597 |
| regarding the causes
and
prevention of occupational accidents and | 1598 |
| illnesses. The rule
shall prescribe which of these reports and | 1599 |
| records shall or may
be
furnished to public employees and public | 1600 |
| employee
representatives. | 1601 |
| (3) Requiring public employers to maintain accurate
records | 1607 |
|
of public employee exposure to potentially toxic
materials, | 1608 |
|
carcinogenic materials, and harmful physical agents
that are | 1609 |
|
required to be monitored or measured under rules adopted
under the | 1610 |
|
guidelines of division (C) of section 4167.07 of the
Revised Code. | 1611 |
|
The rule shall provide public employees or public
employee | 1612 |
|
representatives an opportunity to observe the monitoring
or | 1613 |
|
measuring, and to have access on request to the records
thereof, | 1614 |
|
and may provide public employees or public employee | 1615 |
|
representatives an opportunity to participate in and to undertake | 1616 |
|
their own monitoring or measuring. The rules also shall permit | 1617 |
|
each current or former public employee to have access to the | 1618 |
|
records that indicate their own exposure to toxic materials, | 1619 |
|
carcinogenic materials, or harmful agents. | 1620 |
| Sec. 4167.12. All information reported to or otherwise | 1625 |
obtained by the
director
of commerceadministrator of workers' | 1626 |
compensation or
the director'sadministrator's designee in | 1627 |
|
connection with any investigation, inspection, or proceeding under | 1628 |
|
this
chapter
that reveals a trade secret of any person is | 1629 |
|
confidential, except that the
information may be disclosed to | 1630 |
other agents or authorized representatives
of the director | 1631 |
| administrator
concerned with fulfilling the
requirements
of this | 1632 |
| chapter, or
when relevant, to any proceeding under this chapter. | 1633 |
In any
proceeding, the
directoradministrator or the court shall | 1634 |
| issue orders as
appropriate to
protect the
confidentiality of | 1635 |
| trade secrets. | 1636 |
| Sec. 4167.14. (A) Any court of common pleas has | 1637 |
jurisdiction, upon petition of the director of
commerce | 1638 |
| administrator of workers' compensation,
to
restrain any conditions | 1639 |
| or
practices in any places of employment
that present a danger | 1640 |
| that
could reasonably be expected to cause
death or serious harm | 1641 |
| or
contribute significantly to
occupationally related illness | 1642 |
|
immediately or before the imminence
of the danger can be | 1643 |
|
eliminated through the enforcement procedures
provided in this | 1644 |
|
chapter. Any order issued under this section may
require that | 1645 |
|
steps be taken as necessary to avoid, correct,
or
remove the | 1646 |
| imminent danger and prohibit the employment or presence
of any | 1647 |
|
individual in locations or under conditions where the
imminent | 1648 |
| danger exists,
except individuals whose presence is
necessary to | 1649 |
| avoid, correct, or remove
the imminent danger. | 1650 |
(C) If the directoradministrator or the
director's | 1657 |
| administrator's designee
responsible
for
inspections determines | 1658 |
| that the imminent danger as described
in
division (A) of this | 1659 |
| section is such that immediate action is
necessary, and further | 1660 |
| determines that there is not sufficient
time in light of the | 1661 |
| nature, severity, and imminence of the
danger
to seek and obtain a | 1662 |
temporary restraining order or
injunction,
the director | 1663 |
administrator or the
director'sadministrator's
designee | 1664 |
| immediately
shall file a
petition with the court under division | 1665 |
| (A) of this section and
issue an order requiring action to be | 1666 |
| taken as is necessary to
avoid, correct, or remove the imminent | 1667 |
| danger. | 1668 |
The public employment risk reduction advisoryadministrator, | 1669 |
| with the advice and consent of the workers' compensation oversight | 1670 |
| commission,
shall adopt rules, in accordance with Chapter 119. of | 1671 |
| the Revised
Code, to permit a public employer expeditious informal | 1672 |
reconsideration of any order issued by the
directoradministrator | 1673 |
under this
division. Unless the directoradministrator reverses
an | 1674 |
| order pursuant
to the
informal reconsideration, the order remains | 1675 |
| in effect pending the
court's determination under this section. If | 1676 |
the
directoradministrator
modifies an order
pursuant to the | 1677 |
informal
reconsideration, the
directoradministrator shall provide | 1678 |
the court with whom the
directoradministrator filed the
petition | 1679 |
|
under this section with a copy of the modified order.
The
modified | 1680 |
| order remains in effect pending the court's
determination under | 1681 |
| this section. | 1682 |
| Sec. 4167.15. Any public employer, public employee, or | 1683 |
|
public
employee representative affected by an order, rule, or Ohio | 1684 |
|
employment risk reduction standard proposed, adopted, or
otherwise | 1685 |
|
issued pursuant to this chapter, may request, within
fourteen days | 1686 |
|
after the proposal, adoption, or issuance of
the order, rule, or | 1687 |
standard, a hearing from the
director of commerceadministrator of | 1688 |
workers' compensation. The
directoradministrator,
within fourteen | 1689 |
| days after receipt of a request for a hearing,
shall appoint a | 1690 |
|
hearing officer to make a determination as to the
request. The | 1691 |
|
hearing officer, within fourteen days
after the
hearing officer's | 1692 |
| appointment, shall hold a
hearing in accordance
with Chapter 119. | 1693 |
| of the Revised Code and, within
fourteen days
after the hearing, | 1694 |
| render a decision. A
public employer, public
employee, or public | 1695 |
| employee representative may appeal
the
decision of the hearing | 1696 |
officer to the
directoradministrator, provided that
the
appeal is | 1697 |
| made within thirty days after the hearing officer
issues
the | 1698 |
| decision. The decision of the
hearing officer is
final unless | 1699 |
appealed to the directoradministrator within the
time period set | 1700 |
in this
section or unless the directoradministrator, on the | 1701 |
director'sadministrator's
own motion,
modifies
or reverses the | 1702 |
| decision within that time period. If a
party fails to appeal
the | 1703 |
| decision
of the hearing officer, the
decision of the hearing | 1704 |
|
officer is not, for purposes of section
4167.16 of the Revised | 1705 |
Code, a final
order of the directoradministrator and is
not | 1706 |
| appealable to
court as provided in
section 4167.16 of the
Revised | 1707 |
| Code, except that if the party fails to
appeal the
decision of the | 1708 |
hearing officer, and the
directoradministrator modifies or | 1709 |
|
reverses the decision under
this
section, the decision of the | 1710 |
directoradministrator is
appealable
to court pursuant to section | 1711 |
| 4167.16 of the
Revised Code. | 1712 |
| Sec. 4167.16. (A) Any party who is adversely affected by
a | 1713 |
final order of the director of commerceadministrator of workers' | 1714 |
| compensation issued pursuant to
division
(G) of section 4167.10 or | 1715 |
| section 4167.15 of the Revised
Code, and who has exhausted all | 1716 |
| administrative appeals
from such
order may appeal the order, | 1717 |
| within thirty days
after the
issuance
of a final order, to the | 1718 |
| court of common pleas of
Franklin county
or to the court of common | 1719 |
| pleas of the county in
which the alleged
violation occurred. If | 1720 |
| the court finds an
undue hardship to the
appellant will result | 1721 |
| from the enforcement
of the order pending
determination of the | 1722 |
| appeal, the court may
grant a suspension of
the order and fix the | 1723 |
| terms thereof. | 1724 |
(2) The court shall affirm the order of the
director | 1732 |
| administrator
if it
finds, upon consideration of the record as a | 1733 |
| whole, and additional
evidence as the court has admitted, that the | 1734 |
| order is supported by
reliable,
probative, and substantial | 1735 |
| evidence and is in accordance
with law. In absence
of that | 1736 |
| finding, the court shall reverse,
vacate, or modify the order or | 1737 |
| make
such other ruling as is
supported by reliable, probative, and | 1738 |
| substantial
evidence and is
in accordance with law. The judgment | 1739 |
| of the
court is final and
conclusive, unless reversed, vacated, or | 1740 |
|
modified on appeal. Any
party may appeal as provided in Chapter | 1741 |
|
2505. of the Revised Code. | 1742 |
| Sec. 4167.17. (A) If a public employer, public employee,
or | 1747 |
|
public employee representative willfully fails to comply with
any | 1748 |
final order of the director of commerceadministrator of workers' | 1749 |
compensation issued pursuant to this
chapter, the director | 1750 |
| administrator may apply to the court
of common pleas of
Franklin | 1751 |
| county
or the court of common pleas of the
county in
which the | 1752 |
| violation occurred, for an injunction,
restraining
order, or any | 1753 |
| other appropriate relief compelling the
public
employer, public | 1754 |
| employee, or public employee
representative to
comply with such | 1755 |
| order. The court shall order
such relief as it
considers | 1756 |
| appropriate and shall, in addition,
impose a civil
penalty of not | 1757 |
| more than five hundred dollars per
day per
violation and not to | 1758 |
| exceed a total of ten thousand
dollars per
violation. | 1759 |
(B) The directoradministrator shall not seek to enforce this | 1760 |
|
chapter, or
any Ohio employment risk reduction standard, rule, or | 1761 |
| order
adopted or issued pursuant thereto, in any manner that | 1762 |
| derogates
from the immunity offered to a public employer by | 1763 |
| variances
obtained under this chapter, or by variations, | 1764 |
| tolerance, or
exemption allowed a public employer for reasons of | 1765 |
| national
defense by the United States secretary of labor pursuant | 1766 |
| to
section 16 of the
"Occupational Safety and Health Act of 1970," | 1767 |
|
84
Stat. 1590, 29 U.S.C.A. 651, as amended. | 1768 |
| (E) The superintendent shall provide a copy of the report of | 1821 |
| the
inspection conducted pursuant to division (D) of this section | 1822 |
| and any
findings to the public employer. Within six months after | 1823 |
| receipt of the
report, the public employer shall submit the report | 1824 |
to the
directoradministrator, if
the public
employer wishes to | 1825 |
| proceed with the exemption request. If the report does not
contain | 1826 |
a description of any hazardous or unsafe conditions, the
director | 1827 |
| administrator shall
grant the public employer an exemption from | 1828 |
| this chapter, except as provided
in division (K) of this section. | 1829 |
| If the report contains a
description of any
hazardous or unsafe | 1830 |
conditions, the public employer shall submit to
the director | 1831 |
| administrator a plan that describes how it intends
to
remedy, | 1832 |
| within
a one-year period of time, the hazardous or unsafe | 1833 |
| conditions. | 1834 |
If the directoradministrator disapproves the plan, the | 1841 |
directoradministrator shall return
it and the reasons for its | 1842 |
| rejection to the public employer.
The public employer may submit a | 1843 |
| revised plan, which corrects the
deficiencies for which the | 1844 |
| original plan was rejected, within thirty
days after receipt of | 1845 |
the disapproved plan from the
directoradministrator. The
director | 1846 |
| administrator has thirty days
after receipt of the revised plan
to | 1847 |
review it, and if it remedies the director'sadministrator's | 1848 |
|
objections, to approve it and grant the exemption. The public | 1849 |
| employer shall
be exempted from this chapter,
except as provided | 1850 |
in division (K) of this section, if the
directoradministrator | 1851 |
| fails to act within the
thirty-day period. | 1852 |
| (I) Each public employer granted an exemption under this | 1892 |
| section
may request the superintendent of the division of safety | 1893 |
|
and hygiene in
the bureau of workers' compensation to conduct a | 1894 |
| safety inspection of the
public employer's place of employment
any | 1895 |
| time during the exemption period. Based on this inspection, the | 1896 |
|
superintendent shall note any hazards or unsafe conditions and | 1897 |
| recommend
abatement of these hazards and unsafe conditions. The | 1898 |
| superintendent shall
provide a copy of the report of the | 1899 |
| inspection conducted pursuant to this
division and any resulting | 1900 |
recommendations to the public employer. The
directoradministrator | 1901 |
| shall not cite the public employer for a violation of this
chapter | 1902 |
| due to a hazardous or unsafe condition identified by the | 1903 |
|
superintendent pursuant to this inspection. | 1904 |
| (J) Notwithstanding any other provision of this chapter, a | 1905 |
| public
employer who meets the requirements of division (A) of this | 1906 |
| section
and files an application that meets the requirements of | 1907 |
| division (B)
of this section is not subject to this chapter, | 1908 |
| except section 4167.06 of the
Revised Code and division (G) of | 1909 |
| this section, after the date
on which the public employer meets | 1910 |
| the requirements of division
(A) of this section and files an | 1911 |
| application that meets the
requirements of division (B) of this | 1912 |
section until the
directoradministrator
determines whether to | 1913 |
| grant the exemption under this section. | 1914 |
| Section 2. That existing sections 121.08, 4121.12, 4121.121, | 1935 |
| 4121.37, 4123.511, 4167.02, 4167.06, 4167.07, 4167.08, 4167.09, | 1936 |
| 4167.10, 4167.11, 4167.12, 4167.14, 4167.15, 4167.16, 4167.17, | 1937 |
| 4167.19, and 4167.27 and section 4167.18 of the Revised Code are | 1938 |
| hereby repealed. | 1939 |
| The foregoing appropriation item 855-401, William Green Lease | 1965 |
|
Payments to OBA,
shall be used for lease payments to the Ohio | 1966 |
|
Building Authority, and these
appropriations shall be used to meet | 1967 |
|
all payments at the times they are
required to be made during the | 1968 |
|
period from July 1, 2005, to June 30, 2007, by
the Bureau of | 1969 |
|
Workers' Compensation to the Ohio Building Authority pursuant to | 1970 |
|
leases and agreements made under Chapter 152. of the Revised Code | 1971 |
|
and Section
6 of Am. Sub. H.B. 743 of the 118th General Assembly. | 1972 |
|
Of the amounts received
in Fund 023, appropriation item 855-401, | 1973 |
|
up to $39,862,500 shall be
restricted for lease rental payments to | 1974 |
|
the Ohio Building Authority. If it is
determined that additional | 1975 |
|
appropriations are necessary for such purpose, such
amounts are | 1976 |
|
hereby appropriated. | 1977 |
|
On July 1, 2005, or as soon thereafter as possible, the | 2026 |
| Director of Budget and Management shall transfer the OSHA | 2027 |
| Enforcement Fund (Fund 349) from the Department of Commerce to the | 2028 |
| Bureau of Workers' Compensation. At the request of the Director of | 2029 |
| the Department of Commerce, the Director of Budget and Management | 2030 |
| may cancel encumbrances in this fund from appropriation item | 2031 |
| 800-626, OSHA Enforcement, within the budget of the Department of | 2032 |
| Commerce, and reestablish those encumbrances or parts of those | 2033 |
| encumbrances in fiscal year 2006 for the same purpose and to the | 2034 |
| same vendor to appropriation item 855-601, OSHA Enforcement, | 2035 |
| within the budget of the Bureau of Workers' Compensation. As | 2036 |
| determined by the Director of Budget and Management, the | 2037 |
| appropriation authority necessary to reestablish encumbrances or | 2038 |
| parts of encumbrances in fiscal year 2006 for the Bureau of | 2039 |
| Workers' Compensation is hereby granted. | 2040 |
| Section 4. (A) Notwithstanding any provision of law to the | 2041 |
| contrary, the Director of Budget and Management is authorized to | 2042 |
| take the actions described under this section. The Director of | 2043 |
| Budget and Management may make any transfers of cash balances | 2044 |
| between funds made necessary by the administrative reorganization, | 2045 |
| program transfers, creation of new funds, and the consolidation of | 2046 |
| funds that are authorized by this act. At the request of the | 2047 |
| Office of Budget and Management, the administering agency head | 2048 |
| shall certify to the Director of Budget and Management the amount | 2049 |
| or an estimate of the amount of the cash balance to be transferred | 2050 |
| to the receiving fund. The Director may transfer the amount or the | 2051 |
| estimate of the amount when needed to make payments. Not more than | 2052 |
| thirty days after certifying an estimated amount, the | 2053 |
| administering agency head shall certify the final amount to the | 2054 |
| Director. The Director shall then transfer the difference between | 2055 |
| any estimated amount previously transferred and the certified | 2056 |
| final amount. | 2057 |
|
(1) The functions of the Department of Commerce, Division of | 2059 |
| Labor and Worker Safety, conducted pursuant to Chapter 4167. of | 2060 |
| the Revised Code, and all agreements with the federal Occupational | 2061 |
| Safety and Health Administration's (OSHA) on-site consultation | 2062 |
| program, are transferred to the Bureau of Workers' Compensation, | 2063 |
| together with all assets, liabilities, capital spending authority, | 2064 |
| equipment, and records, regardless of their form or medium, that | 2065 |
| relate to those functions and agreements. The Bureau of Workers' | 2066 |
| Compensation assumes these functions. | 2067 |
| (2) Business commenced but not completed pursuant to Chapter | 2068 |
| 4167. of the Revised Code by the Director or the Department of | 2069 |
| Commerce, Division of Labor and Worker Safety, and any agreements | 2070 |
| with OSHA's on-site consultation program that are in effect, shall | 2071 |
| be completed by the Administrator or the Bureau of Workers' | 2072 |
| Compensation in the same manner, and with the same effect, as if | 2073 |
| completed by the Director or the Department of Commerce, Division | 2074 |
| of Labor and Worker Safety. | 2075 |
| (3) All of the rules, orders, and determinations enacted or | 2076 |
| adopted by the Department of Commerce, Division of Labor and | 2077 |
| Worker Safety, that relate to the transfer of functions required | 2078 |
| by this section shall continue in effect as rules, orders, and | 2079 |
| determinations of the Bureau of Workers' Compensation until | 2080 |
| modified or rescinded by the Bureau of Workers' Compensation. If | 2081 |
| necessary to ensure the integrity of the numbering of the | 2082 |
| Administrative Code, the Director of the Legislative Service | 2083 |
| Commission shall renumber the rules of the Department of Commerce, | 2084 |
| Division of Labor and Worker Safety, enacted or adopted pursuant | 2085 |
| to Chapter 4167. of the Revised Code to reflect their transfer to | 2086 |
| the Bureau of Workers' Compensation. | 2087 |
| (4) Subject to the layoff provisions of sections 124.321 to | 2088 |
| 124.328 of the Revised Code, all employees of the Department of | 2089 |
| Commerce, Division of Labor and Worker Safety, who perform | 2090 |
| functions pursuant to Chapter 4167. of the Revised Code or to | 2091 |
| agreements with the federal Occupational Safety and Health | 2092 |
| Administration related to OSHA's on-site consultation program, are | 2093 |
| hereby transferred to the Bureau of Workers' Compensation. The | 2094 |
| vehicles and equipment assigned to these employees are also | 2095 |
| transferred to the Bureau of Workers' Compensation. | 2096 |
| Section 6. If any item of law that constitutes the whole or | 2118 |
| part of a codified or uncodified section of law contained in this | 2119 |
| act, or if any application of any item of law that constitutes the | 2120 |
| whole or part of a codified or uncodified section of law contained | 2121 |
| in this act, is held invalid, the invalidity does not affect the | 2122 |
| other items of law or applications of items of law that can be | 2123 |
| given effect without the invalid item of law or application. To | 2124 |
| this end, the items of law of which the codified and uncodified | 2125 |
| sections of law contained in this act are composed, and their | 2126 |
| applications, are independent and severable. | 2127 |
| Section 7. The uncodified sections of law contained in this | 2128 |
| act, and the items of law of which the uncodified sections of law | 2129 |
| contained in this act are composed, are not subject to the | 2130 |
| referendum. Therefore, under Ohio Constitution, Article II, | 2131 |
| Section 1d and section 1.471 of the Revised Code, the uncodified | 2132 |
| sections of law contained in this act, and the items of law of | 2133 |
| which the uncodified sections of law contained in this act are | 2134 |
| composed, go into immediate effect when this act becomes law. | 2135 |