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(123rd General Assembly)(Substitute Senate Bill Number 169)
AN ACT
To amend section 4167.19 of the Revised Code to eliminate the biennial safety
inspection required for a public employer that is exempt from the Public
Employment Risk Reduction Program and substitute an optional
inspection and to maintain the provisions of this act on and after July 1,
2000, by amending the version of section 4167.19 of the Revised Code that
takes effect on that date.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 4167.19 of the Revised Code be amended to read as
follows:
Sec. 4167.19. (A) A public employer, other than a state
agency, may apply to the
administrator of the bureau of employment services for an order
exempting the public employer from
compliance with this chapter, except as provided in division (K) of
this section, if the public employer satisfies both of
the following criteria: (1) The public employer is a member of a group that qualifies for a
group rating plan pursuant to division (A)(4) of section
4123.29 of the Revised Code or
the public employer's premium rate is at least fifty per cent
less than the base rate for its workers' compensation premiums; (2) The public employer establishes and maintains a safety committee
with both public employees and representatives of the public
employer as members if the public employer does not qualify for a group
rating plan. A public employer that employs five or fewer public
employees need not have a safety committee. (B) The application shall be on a form prescribed by the
administrator and shall be transmitted to the
administrator by certified mail, return receipt
requested. The application shall contain a certification of all of the
following: (1) The public employer has adopted an ordinance or resolution requesting
an
exemption from this chapter; (2) At least ten working days prior to passage of an ordinance or
resolution described in division (B)(1) of this section, the public
employer has informed its public employees of
the
application by giving a copy of the application to the public employee
representative, if any; (3) The public employer has informed its public employees by
posting
a statement for thirty consecutive days giving a summary of the application
and specifying where a copy of the application may be examined at the place or
places where notices to public employees are normally posted, and by any other
appropriate means of public employee notification; (4) The public employer has informed its public employees of
their
rights to a hearing under section 4167.15 of the Revised Code. The certification also shall contain a description of how public employees
have been informed of the application and of their rights to a hearing. (C) Except as provided in this section, the administrator
shall issue
an order providing for an exemption if the public employer meets the
requirements of division (A) of this section and files an application
that meets the requirements of division
(B) of this section. (D) The administrator shall not grant an exemption under
division
(C) of this section until after the superintendent
of the division of safety and hygiene in the bureau of workers' compensation
conducts an employment risk reduction inspection of
the public employer's place of employment to determine the presence of
any hazardous or unsafe conditions. The administrator
shall not cite
the public employer for a violation of this chapter during this
inspection. (E) The superintendent shall provide a copy of the report of the
inspection conducted pursuant to division (D) of this section and any
findings to the public employer. Within six months after receipt of the
report, the public employer shall submit the report to the
administrator, if
the public
employer wishes to proceed with the exemption request. If the report does not
contain a description of any hazardous or unsafe conditions, the
administrator shall
grant the public employer an exemption from this chapter, except as provided
in division (K) of this section. If the report contains a
description of any
hazardous or unsafe conditions, the public employer shall submit to
the administrator a plan that describes how it intends to
remedy, within
a one-year period of time, the hazardous or unsafe conditions. Within thirty days after receipt of the plan from the public
employer, the administrator may approve or disapprove the
plan as
submitted. If the administrator approves the plan as
submitted, the
administrator shall grant the public employer an exemption
from this
chapter, except as provided in division (K) of this section. If the administrator disapproves the plan, the
administrator shall return
it and the reasons for its rejection to the public employer.
The public employer may submit a revised plan, which corrects the
deficiencies for which the original plan was rejected, within thirty
days after receipt of the disapproved plan from the
administrator. The administrator has thirty days
after receipt of the revised plan
to review it, and if it remedies the administrator's
objections, to approve it and grant the exemption. The public employer shall
be exempted from this chapter,
except as provided in division (K) of this section, if the
administrator fails to act within the
thirty-day period. (F) Within ten working days after completing implementation of
the plan, the public employer shall certify to the
administrator, by certified mail,
return receipt requested, that the hazardous or unsafe conditions have been
abated. If a public employer fails to complete the plan within the one-year period
of time, the administrator may do either of the
following: (1) Terminate the exemption; (2) Grant to the public employer a sixty-day extension to the one-year
period of time, provided that the administrator determines
that the public employer is
making significant progress in completing implementation of the plan. The administrator shall terminate the exemption of a public employer who
does not
complete implementation of the plan within the sixty-day extension granted by
the administrator under division (F)(2) of this section. (G) The administrator shall inspect a public employer's place of
employment
immediately after either of the following occur: (1) A public employee of the public employer is killed
due to an incident that is related to the public employee's
employment; (2) Three or more public employees of the public employer
are hospitalized due to an incident that is related to the
public employees' employment. After reviewing the inspection report, the administrator
may require the public employer to submit to the
administrator, within a
reasonable amount of time as determined by the
administrator, a plan that describes how the public employer intends to
remedy any
conditions described in the report that the administrator
determines need to be remedied. Nothing in this division constitutes the granting of a new
exemption for purposes of determining the seven-year expiration
date pursuant to division (H)
of this section. (H) Except as provided in division (F), an exemption
granted pursuant to this section
expires seven years after the date of its issuance. A public employer may
apply for a subsequent exemption in the same manner provided in this
section for the grant of an original exemption. (I) Each public employer granted an exemption under this section
shall may request the superintendent of the division of safety
and hygiene in the bureau of workers' compensation to conduct a safety
inspection of the
public employer's place of employment two years after the date the public
employer is granted the exemption and every two years thereafter
any time during the exemption period. Based on this inspection, the
superintendent shall note any hazards or unsafe conditions and recommend
abatement of these hazards and unsafe conditions. The superintendent shall
provide a copy of the report of the inspection conducted pursuant to this
division and any resulting recommendations to the public employer. The
administrator shall not cite the public employer for a violation of this
chapter due to a hazardous or unsafe condition identified by the
superintendent pursuant to this inspection. (J) Notwithstanding any other provision of this chapter, a public
employer who meets the requirements of division (A) of this section
and files an application that meets the requirements of division (B)
of this section is not subject to this chapter, except section 4167.06 of the
Revised Code and division (G) of this section, after the date
on which the public employer meets the requirements of division
(A) of this section and files an application that meets the
requirements of division (B) of this section until the
administrator
determines whether to grant the exemption under this section. (K) Nothing in this section limits, or shall
be construed as
limiting, a public employee's rights as provided in section 4167.06 of the
Revised Code. Nothing in this section limits, or shall be construed as
limiting, a public
employer's right to adopt reasonable safety rules and require a public
employee's compliance with those rules. A public employer who is granted an exemption under this section shall not
be exempt from divisions (G), (H), and (I) of this
section. SECTION 2 . That existing section 4167.19 of the Revised Code is hereby
repealed.
SECTION 3 . That section 4167.19 of the Revised Code, as scheduled to take
effect July 1, 2000, be amended to read as follows:
Sec. 4167.19. (A) A public employer, other than a state
agency, may apply to the
director of commerce for an order
exempting the public employer from
compliance with this chapter, except as provided in division (K) of
this section, if the public employer satisfies both of
the following criteria: (1) The public employer is a member of a group that qualifies for a
group rating plan pursuant to division (A)(4) of section
4123.29 of the Revised Code or
the public employer's premium rate is at least fifty per cent
less than the base rate for its workers' compensation premiums; (2) The public employer establishes and maintains a safety committee
with both public employees and representatives of the public
employer as members if the public employer does not qualify for a group
rating plan. A public employer that employs five or fewer public
employees need not have a safety committee. (B) The application shall be on a form prescribed by the
director and shall be transmitted to the
director by certified mail, return receipt
requested. The application shall contain a certification of all of the
following: (1) The public employer has adopted an ordinance or resolution requesting
an
exemption from this chapter; (2) At least ten working days prior to passage of an ordinance or
resolution described in division (B)(1) of this section, the public
employer has informed its public employees of
the
application by giving a copy of the application to the public employee
representative, if any; (3) The public employer has informed its public employees by
posting
a statement for thirty consecutive days giving a summary of the application
and specifying where a copy of the application may be examined at the place or
places where notices to public employees are normally posted, and by any other
appropriate means of public employee notification; (4) The public employer has informed its public employees of
their
rights to a hearing under section 4167.15 of the Revised Code. The certification also shall contain a description of how public employees
have been informed of the application and of their rights to a hearing. (C) Except as provided in this section, the
director
shall issue
an order providing for an exemption if the public employer meets the
requirements of division (A) of this section and files an application
that meets the requirements of division
(B) of this section. (D) The director shall not grant an exemption
under
division
(C) of this section until after the superintendent
of the division of safety and hygiene in the bureau of workers' compensation
conducts an employment risk reduction inspection of
the public employer's place of employment to determine the presence of
any hazardous or unsafe conditions. The director
shall not cite
the public employer for a violation of this chapter during this
inspection. (E) The superintendent shall provide a copy of the report of the
inspection conducted pursuant to division (D) of this section and any
findings to the public employer. Within six months after receipt of the
report, the public employer shall submit the report to the
director, if
the public
employer wishes to proceed with the exemption request. If the report does not
contain a description of any hazardous or unsafe conditions, the
director shall
grant the public employer an exemption from this chapter, except as provided
in division (K) of this section. If the report contains a
description of any
hazardous or unsafe conditions, the public employer shall submit to
the director a plan that describes how it intends
to
remedy, within
a one-year period of time, the hazardous or unsafe conditions. Within thirty days after receipt of the plan from the public
employer, the director may approve or disapprove
the
plan as
submitted. If the director approves the plan as
submitted, the
director shall grant the public employer an
exemption
from this
chapter, except as provided in division (K) of this section. If the director disapproves the plan, the
director shall return
it and the reasons for its rejection to the public employer.
The public employer may submit a revised plan, which corrects the
deficiencies for which the original plan was rejected, within thirty
days after receipt of the disapproved plan from the
director. The
director has thirty days
after receipt of the revised plan
to review it, and if it remedies the director's
objections, to approve it and grant the exemption. The public employer shall
be exempted from this chapter,
except as provided in division (K) of this section, if the
director fails to act within the
thirty-day period. (F) Within ten working days after completing implementation of
the plan, the public employer shall certify to the
director, by certified mail,
return receipt requested, that the hazardous or unsafe conditions have been
abated. If a public employer fails to complete the plan within the one-year period
of time, the director may do either of the
following: (1) Terminate the exemption; (2) Grant to the public employer a sixty-day extension to the one-year
period of time, provided that the director
determines
that the public employer is
making significant progress in completing implementation of the plan. The director shall terminate the exemption of a
public employer who
does not
complete implementation of the plan within the sixty-day extension granted by
the director under division (F)(2) of this
section. (G) The director shall inspect a public
employer's place of
employment
immediately after either of the following occur: (1) A public employee of the public employer is killed
due to an incident that is related to the public employee's
employment; (2) Three or more public employees of the public employer
are hospitalized due to an incident that is related to the
public employees' employment. After reviewing the inspection report, the
director
may require the public employer to submit to the
director, within a
reasonable amount of time as determined by the
director, a plan that describes how the public
employer intends to
remedy any
conditions described in the report that the
director
determines need to be remedied. Nothing in this division constitutes the granting of a new
exemption for purposes of determining the seven-year expiration
date pursuant to division (H)
of this section. (H) Except as provided in division (F), an exemption
granted pursuant to this section
expires seven years after the date of its issuance. A public employer may
apply for a subsequent exemption in the same manner provided in this
section for the grant of an original exemption. (I) Each public employer granted an exemption under this section
shall may request the superintendent of the division of safety
and hygiene in
the bureau of workers' compensation to conduct a safety inspection of the
public employer's place of employment two years after the date the public
employer is granted the exemption and every two years thereafter
any time during the exemption period. Based on this inspection, the
superintendent shall note any hazards or unsafe conditions and recommend
abatement of these hazards and unsafe conditions. The superintendent shall
provide a copy of the report of the inspection conducted pursuant to this
division and any resulting recommendations to the public employer. The
director shall not cite the public employer for a violation of this
chapter due to a hazardous or unsafe condition identified by the
superintendent pursuant to this inspection. (J) Notwithstanding any other provision of this chapter, a public
employer who meets the requirements of division (A) of this section
and files an application that meets the requirements of division (B)
of this section is not subject to this chapter, except section 4167.06 of the
Revised Code and division (G) of this section, after the date
on which the public employer meets the requirements of division
(A) of this section and files an application that meets the
requirements of division (B) of this section until the
director
determines whether to grant the exemption under this section. (K) Nothing in this section limits, or shall
be construed as
limiting, a public employee's rights as provided in section 4167.06 of the
Revised Code. Nothing in this section limits, or shall be construed as
limiting, a public
employer's right to adopt reasonable safety rules and require a public
employee's compliance with those rules. A public employer who is granted an exemption under this section shall not
be exempt from divisions (G), (H), and (I) of this
section. SECTION 4 . That all existing versions of section 4167.19 of the Revised Code,
as scheduled to take effect July 1, 2000, are hereby repealed.
SECTION 5 . Sections 3 and 4 of this act shall take effect July 1, 2000.
SECTION 6 . The Director of Commerce and Administrator of Workers' Compensation
shall jointly submit a report to the President of the Senate, the Speaker of
the House of Representatives, and the Chairpersons of the Senate and House
committees to which legislation that is the subject of this act is normally
referred, on or before four years after the effective date of this act. The
report shall indicate statistics regarding the effect of this act on workplace
safety in the workplaces to which Chapter 4167. of the Revised Code applies.
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