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As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 122 |
REPRESENTATIVES CATES-CORBIN-EVANS-HAINES-HOOD-MOTTLEY-
OLMAN-TIBERI-VAN VYVEN-VESPER-WILLAMOWSKI-COUGHLIN-
WILLIAMS-BUEHRER-YOUNG-HARRIS-HOOD-TERWILLEGER-CALLENDER-
BUCHY-DAMSCHRODER-WIDENER-AUSTRIA-JACOBSON-
SENATORS HOTTINGER-NEIN-JOHNSON-MUMPER-SPADA
A BILL
To amend section 4123.54 of the Revised Code to provide a rebuttable
presumption that the proximate cause of an injury of an
employee, who, through
a blood, breath, or urine test, tests positive for the use
of alcohol or a
controlled substance not prescribed by a physician,
is the alcohol or
controlled
substance.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4123.54 of the Revised Code be amended to read as
follows:
Sec. 4123.54. (A) Every employee, who is injured or who
contracts an occupational disease, and the dependents of each
employee who is killed, or dies as the result of an occupational
disease contracted in the course of employment, wherever such
injury has occurred or occupational disease has been contracted,
provided the same were not:
(A)(1) Purposely self-inflicted; or
(B)(2) Caused by the employee being intoxicated or under the
influence of a controlled substance not prescribed by a physician
where the intoxication or being under the influence of the
controlled substance not prescribed by a physician was the
proximate cause of the injury, is entitled to receive, either
directly from his THE EMPLOYEE'S self-insuring employer as
provided in section
4123.35 of the Revised Code, or from the state insurance fund,
the compensation for loss sustained on account of the injury,
occupational disease, or death, and the medical, nurse, and
hospital services and medicines, and the amount of funeral
expenses in case of death, as are provided by this chapter.
(B) FOR THE PURPOSE OF THIS SECTION, PROVIDED THAT AN EMPLOYEE IS
GIVEN OR HAS BEEN GIVEN NOTICE THAT THE RESULTS OF, OR THE EMPLOYEE'S REFUSAL
TO SUBMIT TO, ANY CHEMICAL TEST DESCRIBED UNDER THIS DIVISION MAY AFFECT THE
EMPLOYEE'S ELIGIBILITY FOR COMPENSATION AND BENEFITS PURSUANT TO THIS CHAPTER
AND CHAPTER 4121. OF THE REVISED CODE,
THERE IS A REBUTTABLE PRESUMPTION THAT AN EMPLOYEE IS INTOXICATED
OR UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE NOT PRESCRIBED BY A
PHYSICIAN AND THAT BEING INTOXICATED OR UNDER THE INFLUENCE OF A
CONTROLLED SUBSTANCE NOT PRESCRIBED BY A PHYSICIAN IS THE
PROXIMATE CAUSE OF AN INJURY WHEN ANY ONE OR MORE OF THE FOLLOWING
IS TRUE:
(1) THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED WITHIN
EIGHT HOURS OF AN INJURY, IS DETERMINED TO HAVE AN ALCOHOL CONCENTRATION
LEVEL EQUAL TO OR IN EXCESS OF THE LEVELS ESTABLISHED IN DIVISIONS
(A)(2) TO (7) OF SECTION 4511.19 OF THE REVISED
CODE;
(2) THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED WITHIN
THIRTY-TWO HOURS OF AN INJURY, IS DETERMINED TO HAVE ONE OF THE
FOLLOWING CONTROLLED SUBSTANCES NOT PRESCRIBED BY THE EMPLOYEE'S
PHYSICIAN IN THE EMPLOYEE'S SYSTEM THAT TESTS ABOVE THE FOLLOWING
LEVELS IN AN ENZYME MULTIPLIED IMMUNOASSAY TECHNIQUE SCREENING TEST AND ABOVE
THE LEVELS ESTABLISHED IN DIVISION (B)(3) OF THIS SECTION IN A GAS
CHROMATOGRAPHY MASS SPECTROMETRY TEST:
(a) FOR AMPHETAMINES, ONE THOUSAND NANOGRAMS PER MILLILITER OF
URINE;
(b) FOR CANNABINOIDS, FIFTY NANOGRAMS PER MILLILITER OF
URINE;
(c) FOR COCAINE, INCLUDING CRACK COCAINE, THREE HUNDRED
NANOGRAMS
PER MILLILITER OF URINE;
(d) FOR OPIATES, TWO THOUSAND NANOGRAMS PER MILLILITER OF
URINE;
(e) FOR PHENCYCLIDINE, TWENTY-FIVE NANOGRAMS PER MILLILITER OF
URINE.
(3) THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED WITHIN
THIRTY-TWO HOURS OF AN INJURY, IS DETERMINED TO HAVE ONE OF THE
FOLLOWING CONTROLLED SUBSTANCES NOT PRESCRIBED BY THE EMPLOYEE'S
PHYSICIAN IN THE EMPLOYEE'S SYSTEM THAT TESTS ABOVE THE FOLLOWING
LEVELS BY A GAS CHROMATOGRAPHY MASS SPECTROMETRY TEST:
(a) FOR AMPHETAMINES, FIVE HUNDRED NANOGRAMS PER MILLILITER OF
URINE;
(b) FOR CANNABINOIDS, FIFTEEN NANOGRAMS PER MILLILITER OF
URINE;
(c) FOR COCAINE, INCLUDING CRACK COCAINE, ONE HUNDRED FIFTY
NANOGRAMS PER MILLILITER OF URINE;
(d) FOR OPIATES, TWO THOUSAND NANOGRAMS PER MILLILITER OF
URINE;
(e) FOR PHENCYCLIDINE, TWENTY-FIVE NANOGRAMS PER MILLILITER OF
URINE.
(4) THE EMPLOYEE, THROUGH A CHEMICAL TEST ADMINISTERED WITHIN
THIRTY-TWO HOURS OF AN INJURY, IS DETERMINED TO HAVE BARBITURATES,
BENZODIAZEPINES, METHADONE, OR PROPOXYPHENE IN THE EMPLOYEE'S SYSTEM
THAT TESTS ABOVE LEVELS ESTABLISHED BY LABORATORIES CERTIFIED BY THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(5) THE EMPLOYEE REFUSES TO SUBMIT TO A REQUESTED CHEMICAL TEST.
Whenever, with respect to an employee of an employer who is
subject to and has complied with this chapter, there is
possibility of conflict with respect to the application of
workers' compensation laws because the contract of employment is
entered into and all or some portion of the work is or is to be
performed in a state or states other than Ohio, the employer and
the employee may agree to be bound by the laws of this state or
by the laws of some other state in which all or some portion of
the work of the employee is to be performed. The agreement shall
be in writing and shall be filed with the bureau of workers'
compensation within ten days after it is executed and shall
remain in force until terminated or modified by agreement of the
parties similarly filed. If the agreement is to be bound by the
laws of this state and the employer has complied with this
chapter, then the employee is entitled to compensation and
benefits regardless of where the injury occurs or the disease is
contracted and the rights of the employee and his THE EMPLOYEE'S
dependents
under the laws of this state are the exclusive remedy against the
employer on account of injury, disease, or death in the course of
and arising out of his THE EMPLOYEE'S employment. If the
agreement is to be
bound by the laws of another state and the employer has complied
with the laws of that state, the rights of the employee and his THE
EMPLOYEE'S
dependents under the laws of that state are the exclusive remedy
against the employer on account of injury, disease, or death in
the course of and arising out of his THE EMPLOYEE'S employment
without regard
to
the place where the injury was sustained or the disease
contracted.
If any employee or his THE EMPLOYEE'S dependents are awarded
workers'
compensation benefits or recover damages from the employer under
the laws of another state, the amount awarded or recovered,
whether paid or to be paid in future installments, shall be
credited on the amount of any award of compensation or benefits
made to the employee or his THE EMPLOYEE'S dependents by the
bureau.
If an employee is a resident of a state other than this
state and is insured under the workers' compensation law or
similar laws of a state other than this state, the employee and
his THE EMPLOYEE'S dependents are not entitled to receive
compensation or
benefits under this chapter, on account of injury, disease, or
death arising out of or in the course of employment while
temporarily within this state, and the rights of the employee and
his THE EMPLOYEE'S dependents under the laws of the other state
are the exclusive remedy against the employer on account of the injury,
disease, or death.
Compensation or benefits are not payable to a claimant
during the period of confinement of the claimant in any state or
federal correctional institution whether in this or any other state for
conviction of violation of any state or federal criminal law.
Section 2. That existing section 4123.54 of the Revised Code is hereby
repealed.
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