130th Ohio General Assembly
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S. B. No. 375  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 375


Senator Tavares 

Cosponsors: Senators Brown, Kearney 



A BILL
To enact section 3717.56 of the Revised Code to require that employees of food service operations be trained in performing the Heimlich maneuver.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3717.56 of the Revised Code be enacted to read as follows:
Sec. 3717.56. (A) Every food service operation or retail food establishment providing the services of a food service operation shall require that each employee employed by the operation or establishment, within a reasonable amount of time after being hired, be trained to perform the Heimlich maneuver to relieve a person choking on food or food particles. With respect to any employee employed by the operation or establishment on or before the effective date of this section, the operation or establishment shall require the employee to have the required training within a reasonable amount of time after the effective date of this section.
(B) Any employee who is required to be trained under division (A) of this section who receives training to perform the Heimlich maneuver is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the individual's failure to perform the Heimlich maneuver in an emergency situation or from the individual's administration of the Heimlich maneuver in an emergency situation, unless the maneuver is administered in a manner that constitutes willful or wanton misconduct.
(C) A food service operation or retail food establishment providing the services of a food service operation is not liable in damages in a civil action for injury, death, or loss to person or property resulting from an employee's administration of or failure to administer the Heimlich maneuver in an emergency situation, so long as the food service operation or retail food establishment complies with division (A) of this section.
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