Ohio Adm.Code 4101:9 | Ohio Administrative Code 4101:9 — Department of Commerce | Wage and Hour

Chapter 4101:9-1 Employment of the Handicapped

Ohio Adm.Code 4101:9-1-01 Applicability of rules.

(A) In order to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the minimum wage rates under Ohio minimum wage law, the director of the department of commerce is authorized to issue rules pursuant to section 4111.06 of the Revised Code permitting to the extent necessary, employment in any occupation at wages lower than the state minimum wage of individuals whose earning capacity is impaired by physical or mental impairment or injuries.

(B) A special license is required to employ individuals with a disability at less than the state minimum wage and until a state license is issued or a federal certificate is obtained a workshop or individual employer has no authority to pay its covered employees with a disability less than the minimum wage. The following types of licenses may be issued by the department:

(1) Work activity center program license;

(2) Sheltered workshop program license;

(3) Temporary individual license for on-the-job training;

(4) Individual license in regular business or industry;

(5) Individual license in a community rehabilitation program (if less than the licensed program rate).

(C) Subject to section 5123.022 of the Revised Code, the director pursuant to such rules as she or he shall prescribe may authorize a special license for payment of less than the minimum wage but at wages which are commensurate with those paid to employees who do not have disability workers in industry for essentially the same type, quality and quantity of work.

(D) The director may issue licenses authorizing payment of rates to individuals at less than the minimum wage for individuals with multiple disabilities and other individuals whose earning capacity is so severely impaired that they cannot earn the minimum wage.

(E) No exemption is provided from the maximum hour and overtime pay provisions of the law.

(F) If a license is desired application must be made to the "superintendent of the division of industrial compliance, Department of Commerce, 6606 Tussing Road, Reynoldsburg, Ohio 43068."

(G) No provision of any license issued under this chapter shall excuse noncompliance with any federal or state law or municipal ordinance establishing higher standards.

(H) Rules in this chapter shall apply to all employees with a disability within the state of Ohio. Any employer or his agent, or the officer or any agent of any corporation who violates any of the provisions of this chapter or who interferes with the director or her or his duly authorized representative in the enforcement of rules in this chapter shall be subject to the penalties as set forth in section 4111.99 of the Revised Code.

History

Effective: December 19, 2014
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-1-02 Definitions.

(A) "Department" means the department of Commerce.

(B) "Employee or worker with a disability" means an individual whose earning capacity is impaired by physical or mental impairment or injuries for the work he or she is to perform.

(C) "Work activities center" means a workshop, or a physically separated department of a workshop, conducted not for profit, having an ide0ntifiable program, separate supervision and records, planned and designed exclusively to provide therapeutic activities for worker with a disability whose physical or mental impairment is so severe as to make their productive capacity inconsequential. Therapeutic activities shall include custodial activities where the focus is on teaching the basic skills of living and any purposeful activity so long as work or production is not the main purpose. No work activities center or separate department thereof shall qualify as a work activities center if the average productivity is more than fifty per cent of the minimum wage per year as measured by dividing the total annual earned income of the work program, less the cost of purchased materials used, by the average number of clients in the work program. (The average number of clients shall be determined by taking the average of the total number of clients in the work program on the last day of each quarter in the previous fiscal year, provided such average is representative of the average number of clients employed during the entire year.) No individual worker whose productivity substantially exceeds this average shall be employed at less than the statutory minimum wage under a work activities center certificate. A worker with a disability whose productivity substantially exceeds the average may be certified under rules for individual rates in rare and unusual cases where necessary to avoid extreme hardship, if the individual is unable to earn the statutory minimum because of his disability, and if his production and earnings are included in the average. Information to be considered will include the severity of the worker with a disability employed and other pertinent factors.

(D) "Sheltered workshop" means a public or private organization or institution conducted not for profit, but for the purpose of carrying out a recognized program of rehabilitation for workers with a disability or other occupational rehabilitation activity of an educational or therapeutic nature and/or providing such workers with remunerative employment at less than minimum wage but more than fifty per cent of the minimum wage per year as measured by dividing the total annual earned income of the work program, less the cost of purchased materials used, by the average number of clients in the work program.

(1) The average number of clients shall be determined by the average of the total number of clients in the work program on the last day of each quarter in the previous fiscal year, provided such average is representative of the average number of clients employed during the entire year.

(2) A worker with a disability whose productivity substantially falls below the average may be certified under rules for individual rates in rare and unusual cases where necessary to avoid extreme hardship, and if his production and earnings are included in the average.

Information to be considered will include the severity of the worker with a disability employed and other pertinent factors.

(E) "Trainee with a disability" means an individual whose earning capacity is impaired by physical or mental impairment or injuries and who is receiving training in industry under any recognized vocational program.

History

Effective: December 19, 2014
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-1-03 Application for individual license.

(A) An application for a license authorizing the employment of individuals with a disability at less than the minimum wage shall be made upon forms provided by the superintendent of the division.

(B) An application for an individual license must be submitted for each worker for whom an individual rate is required.

(C) The application shall set forth the nature of the disability, a description of the occupation at which the individual with a disability is to be employed, and the wage the employer proposes to pay the individual with a disability.

(D) There can be no substitution for payment of a remuneration on account of a service provided; nor may services provided be used to off-set payment of the authorized wage.

(E) Subject to section 5123.022 of the Revised Code, the superintendent may require the submission of additional information to that shown on the application and may require the individual with a disability to take a medical or psychological examination in order to determine whether the issuance of a license is justified.

(F) Learning period of employment. During a learning period of employment not to exceed ninety working days from the date of employment, a commensurate wage or a rate of not less than fifty per cent of the minimum wage, whichever is less, shall be paid.

(1) Eighty hours of this learning period shall be used to determine the individual's productive capacity by utilization of a performance and merit rating form. At the end of the first eighty hours of the learning period of employment, application for the individual license and the performance and merit rating form shall be sent, in duplicate, to the department requesting a wage rate which shall be commensurate with the individual's demonstrated productive capacity.

(2) For an employer who does not have a sheltered workshop or work activities center license, an application to the superintendent is required during the ninety-working-day learning period of employment, for issuance of a temporary license for payment at the commensurate wage or at not less than fifty per cent of the minimum wage, whichever is less.

(3) Under these rules the superintendent may issue a ninety-working-day temporary license for the on-the-job trainees during the learning period permitting the payment of a commensurate wage or a rate of not less than fifty per cent of the minimum wage, whichever is less. Such temporary license may be issued only for the ninety-working-day learning period of employment.

(G) In instances where workers who do not have a disability are employed at piece rates, workers with a disability in the same occupation shall be paid at the full piece rate.

(H) The terms of any license, including the wage rate specified therein may be amended by the superintendent or his or her authorized representative upon written notice to the parties concerned if the facts justify such amendment.

History

Effective: December 19, 2014
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-1-04 Application for a sheltered workshop license and/or work activities center license.

(A) Application for a sheltered workshop and/or a work activities center license shall be filed with the director of the department of commerce.

(B) The application for a sheltered workshop license and/or a work activities center license shall be submitted on forms provided by the department. A separate application may be required for each branch operated at a separate location or for each separate department requesting authority to pay wages lower than the minimum wage. The application shall be signed by the president of the board of directors (or corresponding official) and a duly authorized officer of the sheltered workshop or work activities center.

(C) The application shall contain a description of the nature of the disabilities of the persons served by the sheltered workshop or the work activities center, a description of the types of employment and the programs provided by the sheltered workshop or work activities center, and the earnings of each individual with a disability. A sheltered workshop or work activities center newly applying for a license which does not have individual earnings records on which to establish an appropriate license rate may be issued a temporary license under the terms and conditions applicable to sheltered workshops and work activities centers provided the sheltered workshop and work activity center presents satisfactory evidence that all of its clients will be compensated at wages at least commensurate with the industry.

(D) The director may issue a license for the employment of workers with a disability at wages lower than the minimum wage but at wages which are equitably related to the worker's demonstrated productive capacity in either a sheltered workshop or a work activities center.

(E) Workers must be paid more than the licensed wage rate if such worker earns more since the law requires workers with a disability to be paid wages commensurate with those paid workers without a disability in the area taking into consideration the type, quality and quantity of work produced.

(F) Sheltered workshops or work activities centers possessing an approved federal certificate need not apply for a state license but shall submit a copy of the federal approval letter. Some departments in a sheltered workshop or work activities center not subject to federal certification may be subject to state license and would therefore be required to apply for a state license.

History

Effective: December 19, 2014
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-1-05 Investigations and additional information.

(A) To determine whether the facts justify issuance of a license the director or her authorized representative may conduct investigations with respect to applications for licenses, and reports of such investigations shall be filed with the department of commerce.

(B) The department may require additional information and may require the worker to take a medical or psychological examination when deemed necessary to determine whether issuance of a license is justified.

History

Effective: June 3, 2004
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-1-06 Issuance of an individual license.

If the application and other available information indicates that the requirements of these rules are satisfied the director shall issue a license. If issued, copies of the license shall be mailed to the employer and the worker with a disability. If denied, the employer and the worker with a disability and/or his authorized representative shall be given written notice of the denial.

History

Effective: June 3, 2004
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-1-07 Terms of the individual license.

(A) An individual license shall specify the name of the worker with a disability, the name of the employer, the occupation in which the individual with a disability is to be employed, the authorized sub-minimum wage rate and the period of time during which such wage rate may be paid.

(B) A license shall be effective for a period to be designated by the director. An individual with a disability employed under such a license may be paid less than the minimum wage only during the effective period of the license.

(C) The wage rate fixed in the license shall be set at a figure designated to reflect the individual with a disability's demonstrated earning capacity when, after investigation, less than the minimum wage rate appears to be clearly justified.

(D) Any monies received by an individual with a disability by reason of any state or federal pension or compensation program for persons with a disability shall not be considered as off-setting any part of the remuneration due the worker with a disability by the employer.

(E) The individual with a disability shall be paid at not less than one and one-half times the regular rate for hours worked in compliance with the overtime pay provisions of the law.

(F) The terms of any license, including the wage rate less than the minimum wage as specified therein, may be amended by the director of the department upon written notice to the parties concerned if the facts justify such amendment.

History

Effective: June 3, 2004
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-1-08 Renewal of licenses.

Application for renewal of a license shall be filed sixty days before the expiration date of the original license or at any time that a material change occurs in the conditions of employment as stated in the original application. If such application has been filed prior to the expiration date of the license, the license shall remain in effect until the application for renewal has been granted or denied.

Last updated September 25, 2025 at 8:20 AM

History

Effective: November 1, 1978
Promulgated Under: Ch 119.

Ohio Adm.Code 4101:9-1-09 Review.

(A) An employer or an individual with a disability or his representative, at any time, may request cancellation or modification of a license, based upon facts stated in a petition evidencing material changes in the conditions of employment under which the license was issued. Any person so aggrieved shall file with the director a petition of review of the action complained of, setting forth grounds for seeking such review. If reasonable grounds exist, the director or her authorized representative may grant such review.

(B) Such review if granted shall be made either by the director or her authorized representative.

History

Effective: December 19, 2014
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-1-10 Cancellation of a license.

(A) The director or her authorized representative may cancel any license for cause. A license may be canceled (1) as of the date of issuance if it is found that fraud has been exercised in obtaining the license or in permitting a worker with a disability to work thereunder; or (2) as of the date of violation, if it is found that any of the terms of the license have been violated.

(B) If a petition for review is filed, the effective date of the cancellation shall be postponed until action is taken on the petition for review.

(C) If a cancellation of a license is ordered on review, the sheltered workshop or work activities center or employer in regular business or industry shall reimburse any person covered by the license in an amount equal to the difference between the applicable minimum wage and any lower wage paid such person subsequent to the effective date of the cancellation.

(D) Except in cases of willfulness, before any license is canceled, facts or conduct which may warrant such action shall be called to the attention of the sheltered workshop or work activities center or employer in regular business or industry in writing and they shall be afforded an opportunity to achieve compliance.

History

Effective: June 3, 2004
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-1-11 Amendment of rules.

(A) The director of the department of commerce is authorized by law to adopt, amend, or rescind rules by complying with the procedure prescribed in sections 119.01 to 119.13 of the Revised Code, for the adoption, amendment, or rescission of rules.

(B) The director may at any time upon his or her own motion or upon the written request of any interested person setting forth reasonable grounds for the changes desired, amend or revoke any of the rules herein subscribed pursuant to the provisions as set forth in Chapter 119. of the Revised Code.

History

Effective: June 3, 2004
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-1-13 Powers and duties of the director.

(A) Pursuant to sections 119.01 to 119.13 of the Revised Code, the director shall promulgate rules which shall be published.

(B) The director or his or her representative shall have authority to investigate and ascertain wages of persons employed in an occupation in the state; enter and inspect the place of business or employment of any employer of employees in any occupation in the state at any reasonable time, for the purpose of examining and inspecting any records of any such employer that in any way relates to wages, hours, or other conditions of employment of such employees; copy any or all of such records as he or she or his or her authorized representative may deem necessary or appropriate; require from such employer full and accurate statements in writing, at such times as the director may deem necessary, of the wages paid to all employees in his employment; and interrogate such persons for the purpose of ascertaining whether the provisions of the law and the regulations issued thereunder have been and are being complied with.

(C) If any worker with a disability is paid by his or her employer less than the wage and/or overtime compensation authorized by the director as evidenced by a state license authorizing the employment of workers with a disability at less than the minimum wage or by any rules issued thereunder, such worker may recover in a civil action the full amount thereof less any amount actually paid and attorney's fees as may be allowed by court. Any agreement between the employer and the worker to work for less than such authorized wage and/or overtime compensation shall be no defense to such action. At the request of the employee paid less than such wage and/or overtime compensation to which such employee is entitled under the law and rules issued thereunder, the director may take an assignment of such wage claim in trust for the assigning worker and may bring any legal action necessary to collect such claim. The employer shall be required to pay the cost of such reasonable attorney's fees as may be allowed by the court.

History

Effective: June 3, 2004
Promulgated Under: 119.03

Chapter 4101:9-2 Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being

Ohio Adm.Code 4101:9-2-01 Applicability of rules.

In order to prevent the employment of minors in any occupations found hazardous or detrimental to the health and well-being of minors, the director of the department of commerce, after consultation with the director of health, is authorized to issue rules pursuant to section 4109.05 of the Revised Code prohibiting the employment of minors in occupations that are hazardous or detrimental to the health and well-being of minors.

Last updated April 4, 2025 at 10:52 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-02 Prohibited occupations for minors under sixteen years of age.

Fourteen- and fifteen-year-old minors may be employed in any occupation, except the excluded occupations listed in this rule:

Fourteen- and fifteen-year-old minors may not be employed in:

(A) Any manufacturing occupation.

(B) Any mining occupation.

(C) Processing occupations, such as filleting of fish, dressing poultry, cracking nuts, or laundering as performed by commercial laundries and dry cleaners (except in a retail, food service, or gasoline service establishment in those specific occupations expressly permitted therein, in accordance with the foregoing list).

(D) Occupations requiring the performance of any duties in workrooms or workplaces where goods are manufactured, mined, or otherwise processed.

(E) Public messenger services.

(F) Operation or tending of hoisting apparatus or of any power-driven machinery (other than office machines and machines in retail, food service, and gasoline service establishments that are not prohibited by other rules).

(G) Any occupation found and declared to be hazardous.

(H) Occupations in connection with:

(1) Transportation of persons or property by rail, highway, air, on water, pipeline, or other means.

(2) Warehousing and storage.

(3) Communications and public utilities.

(4) Construction (including repair).

Except office or sales work in connection with paragraphs (H)(1) to (H)(4) of this rule when not performed on transportation media or at the actual construction site.

(I) Any of the following occupations in a retail, food service, or gasoline service establishment:

(1) Work performed in or about boiler or engine rooms.

(2) Work in connection with maintenance or repair of the establishment, machines, or equipment.

(3) Outside window washing that involves working from window sills and all work requiring the use of ladders, scaffolds, or their substitutes.

(4) Cooking (except at soda fountains, lunch counters, snack bars, or cafeteria serving counters) and baking.

(5) Occupations that involve operating, setting up, adjusting, cleaning, oiling, or repairing power-driven food slicers and grinders, food choppers and cutters, and bakery-type mixers.

(6) Work in freezers and meat coolers and all work in preparation of meats for sale (except wrapping, sealing, labeling, weighing, pricing, and stocking when performed in other areas).

(7) Loading and unloading goods to and from trucks, railroad cars, or conveyors.

(8) All occupations in warehouses, except office and clerical work.

(9) Work in connection with cars and trucks involving the use of pits, racks, or lifting apparatus or involving the inflation of any tire mounted on a rim equipped with a removable retaining ring.

Last updated April 4, 2025 at 10:54 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-02.1 Manufacturing and construction mentorship program.

(A) Employers shall maintain records sufficient to document the satisfaction of all criteria established by section 4109.22 of the Revised Code.

(B) Documents maintained pursuant to paragraph (A) of this rule shall be maintained by the employer for no less than two years following the employment of the minor or after the minor turns eighteen, whichever is later.

(C) Employers shall make the documents maintained pursuant to paragraph (A) of this rule available to the director of commerce or the Director's designee upon request.

Last updated June 22, 2026 at 7:59 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-02.2 Tools permitted for participants of the manufacturing and construction mentorship program.

The following tools may be used by any minors sixteen or seventeen years of age only if they are participants in the manufacturing or construction mentorship program as prescribed by this chapter:

(A) General tools:

(1) Pipe and bolt threading machine;

(2) Pipe nipple and automatic pipe nipple machines;

(3) Certain electric carts used as a means of transportation in large industrial plants and at railroad stations, as long as they are not driven on public roads;

(4) Riding mowers or golf carts in a warehouse setting, as long as they are not driven on public roads;

(5) Powered contour measuring instruments;

(6) Multi-axis type robotic equipment;

(B) Tools only permitted with conditions:

(1) Welding tools only while under direct supervision;

(2) Waterjet cutting machines with devices for fully automatic feeding and ejection and with a fixed guard that prevents operators or helpers from placing any part of their bodies in the point-of-operation area;

(3) Computer numerical control (CNC) machines while under direct supervision;

(4) Production press machines that are not already listed as a specific prohibition or exception in Chapter 4101:9-2 of the Administrative Code, so long as those devices include fully automatic feeding and ejection and a fixed guard that prevents operators or helpers from placing any part of their bodies in the point-of-operation area;

(5) Plastics molding machines when fitted with the proper guarding and are not manually fed;

(6) Plastics extruders while under direct supervision;

(7) Soldering irons while under direct supervision;

(1) Certain tools that require the placing of material on a moving chain or in a hopper or slide for automatic feeding, such as:

(a) Band resaw only when it incorporates the use of a chain feed and there is no direct interaction with the tool;

(b) Automatic nailing machine only when it incorporates the use of a hopper, belt, or chain feed, and there is no direct interaction with the tool;

(2) Automatic wire-stitching machines only when it incorporates the use of a hopper or chain feed and there is no direct interaction with the tool;

(3) Tools designed for carrying or moving nonhazardous material from one machine to another (hike-a-way).

(D) Tools permitted for use by a minor who qualifies as an apprentice or a student-learner under the Fair Labor Standards Act as prescribed within 29 CFR 570.50 (b) and (c):

(1) Power-driven woodworking machines, including fixed and portable machines or tools driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, or otherwise assembling, pressing, or printing wood or veneer;

(2) Abrasive cutting discs, circular saws, and reciprocating saws;

(3) Any tools used on or about a roof or in close proximity to a roof in connection with the installation of the roof or alteration, addition, maintenance, and repair, including painting and coating of an existing roof;

(4) Any tools used in trenching or excavating.

(E) Miscellaneous tools:

Any other tools that are permitted under the Fair Labor Standards Act and are not specifically prohibited by section 4109.05 of the Revised Code or the rules adopted thereunder.

Last updated June 22, 2026 at 7:59 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-03 Hazardous occupations in agriculture.

The following occupations in agriculture are particularly hazardous for the employment of children below the age of sixteen, except for the following exemptions:

(A) Operating a tractor of over twenty PTO horsepower or connecting or disconnecting an implement, or any of its parts, to or from such a tractor.

(B) Operating or assisting to operate (including starting, stopping, adjusting, feeding, or any other activity involving physical contact associated with the operation of) any of the following machines:

(1) Corn picker, cotton picker, grain combine, hay mower, forage harvester, hay baler, potato digger, or mobile pea viner;

(2) Feed grinder, crop dryer, forage blower, auger conveyor, or the unloading mechanism of a nongravity-type self-unloading wagon or trailer; or

(3) Power post-hole digger, power post driver, or nonwalking-type rotary tiller.

(C) Operating or assisting to operate (including starting, stopping, adjusting, feeding, or any other activity involving physical contact associated with the operation of) any of the following machines:

(1) Trencher or earthmoving equipment;

(2) Fork lift;

(3) Potato combine; or

(4) Power-driven circular, band, or chain saw.

(D) Working on a farm in a yard, pen, or stall occupied by a:

(1) Bull, boar, or stud horse maintained for breeding purposes; or

(2) Sow with suckling pigs, or cow with newborn calf (with umbilical cord present).

(E) Felling, bucking, skidding, loading, or unloading timber with butt diameter of more than six inches.

(F) Working from a ladder or scaffold (painting, repairing, or building structures; pruning trees; picking fruit; etc.) at a height of over twenty feet.

(G) Driving a bus, truck, or automobile when transporting passengers or riding on a tractor as a passenger or helper.

(H) Working inside:

(1) A fruit, forage, or grain storage designed to retain an oxygen deficient or toxic atmosphere;

(2) An upright silo within two weeks after silage has been added or when a top unloading device is in operating position;

(3) A manure pit; or

(4) A horizontal silo while operating a tractor for packing purposes.

(I) Handling or applying (including cleaning or decontaminating equipment, disposal, or return of empty containers, or serving as a flagman for aircraft applying) agricultural chemicals classified under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135 et seq.) as category I of toxicity, identified by the word "poison" and the "skull and crossbones" on the label; or category II of toxicity, identified by the word "warning" on the label.

(J) Handling or using a blasting agent, including but not limited to, dynamite, black powder, sensitized ammonium nitrate, blasting caps, and primer cord; or

(K) Transporting, transferring, or applying anhydrous ammonia.

(L) Exemptions:

(1) These prohibitions do not apply to the employment of minors under eighteen years of age in connection with farms operated by their parents, grandparents, or guardian where they are members of the guardian's household.

(2) Minors fourteen and fifteen years old who hold certificates of completion from the 4-H federal extension service training program and the United States office of education vocational agriculture training program for tractor operation or machine operation may work in the occupations for which they have been certified. Occupations for which these certificates are valid are covered by paragraphs (A) and (B) of this rule. Farmers employing minors who are certified under these programs must keep a copy of the certificates of completion on file with the minor employee's record.

Last updated April 4, 2025 at 10:54 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-04 Occupations involving slaughtering, meat-packing or processing, or rendering.

(A) The following occupations in or about slaughtering and meat-packing establishments, rendering plants, or wholesale, retail, or service establishments are prohibited for minors under eighteen years of age, unless exempt by the following:

(1) All occupations on the killing floor, in curing cellars, and in hide cellars, except the work of messengers, runners, hand-truckers, and similar occupations that require entering such workrooms or workplaces infrequently and for short periods of time.

(2) All occupations involved in the recovery of lard and oils, except packaging and shipping of such products and the operations of lard-roll machines.

(3) All occupations involved in tankage or rendering of dead animals, animal offal, animal fats, scrap meats, blood, and bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and similar products.

(4) All occupations involved in the operation or feeding of the following power-driven meat-processing machines, including the occupation of setting-up, adjusting, repairing, oiling, or cleaning of such machines or the individual parts of attachments of such machines: meat patty forming machines; meat and bone cutting saws; poultry scissors or shears; knives, head splitters, and guillotine cutters; snout pullers and jaw pullers; skinning machines; horizontal rotary washing machines; casing-cleaning machines such as crushing, stripping, and finishing machines; grinding, mixing, chopping, and hashing machines; and presses.

(5) All boning occupations.

(6) All occupations that involve the pushing or dropping of any suspended carcass, half carcass, or quarter carcass.

(7) All occupations involving hand-lifting or hand-carrying any carcass or half carcass of beef, pork, or horse, deer, or buffalo, or any quarter carcass of beef, horse, or buffalo.

(B) Definitions:

(1) The term "slaughtering and meat-packing establishments" shall mean places in or about which cattle, calves, hogs, poultry, sheep, lambs, goats, buffalo, deer, or horses are killed, butchered, or processed. The term shall also include establishments that manufacture or process meat or poultry products, including sausage or sausage casings from such animals.

(2) The term "rendering plants" shall mean establishments engaged in the conversion of dead animals, animal offal, animal fats, scrap meat, blood, and bones into stock feeds, tallow, inedible greases, fertilizer ingredients, and similar products.

(3) The term "killing floor" shall include that workroom or workplace where cattle, calves, hogs, poultry, sheep, lambs, goats, buffalo, deer, or horses are immobilized, shackled, or killed, and the carcasses are dressed prior to chilling.

(4) The term "curing cellar" shall include that workroom or workplace that is primarily devoted to the preservation and flavoring of meat, including poultry, by curing materials. It does not include that workroom or workplace where meats are smoked.

(5) The term "hide cellar" shall include that workroom or workplace where hides are graded, trimmed, salted, and otherwise cured.

(6) The term "boning occupations" shall mean the removal of bones from meat cuts. It shall not include work that involves cutting, scraping, or trimming meat from cuts containing bones.

This rule shall not apply to the killing and processing of rabbits or small game in areas physically separated from the "killing floor."

Last updated April 4, 2025 at 10:54 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-05 Power-driven bakery machine occupations.

(A) The following occupations involved in the operation of power-driven bakery machines are prohibited for minors under eighteen years of age, unless exempt by the following:

(1) The occupations of operating, assisting to operate, or setting up, adjusting, repairing, oiling, or cleaning any horizontal or vertical dough mixer; batter mixer; bread dividing, rounding, or molding machine; dough brake; dough sheeter; combination bread slicing and wrapping machine; or cake cutting band saw.

(2) The occupation of setting up or adjusting a cookie or cracker machine.

(B) Exceptions:

This rule does not apply to the following list of bakery machines that may be operated by sixteen- and seventeen-year-old minors.

(1) Ingredient preparation and mixing

Flour-sifting machine operator

Flour-blending machine operator

Sack-cleaning machine operator

(2) Product forming and shaping

Roll-dividing machine operator

Roll-making machine operator

Batter-sealing machine operator

Depositing machine operator

Cookie or cracker machine operator

Wafer machine operator

Pretzel-stick machine operator

Pie-dough sealing machine operator

Pie-dough rolling machine operator

(3) Finishing and icing

Depositing machine operator

Enrobing machine operator

Spray machine operator

Icing mixing machine operator

(4) Slicing and wrapping

Roll slicing and wrapping machine operator

Cake wrapping machine operator

Carton packing and sealing machine operator

(5) Pan washing

Spray-type pan washing machine operator

Tumbler-type pan washing machine operator

Last updated April 4, 2025 at 10:54 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-06 Occupations involved in the manufacture of brick, tile and kindred products.

(A) The following occupations involved in the manufacture of clay construction products and of silica refractory products are prohibited for minors under eighteen years of age, unless exempt by the following:

(1) All work in or about establishments in which clay construction products are manufactured, except (a) work in storage and shipping; (b) work in offices, laboratories, and storerooms; and (c) work in the drying departments of plants manufacturing sewer pipe.

(2) All work in or about establishments in which silica brick or other silica refractories are manufactured, except work in offices.

(B) Definitions:

(1) The term "clay construction products" shall mean the following clay products: brick, hollow structural tile, sewer pipe, and kindred products, refractories, and other clay products such as architectural terra cotta, glazed structural tile, roofing tile, stove lining, chimney pipes and tops, wall coping, and drain tile. The term shall not include the following non-structural-bearing clay products: ceramic, floor and wall tile, mosaic tile, glazed and enameled tile, faience, and similar tile; nor shall the term include non-clay construction products such as sand-lime brick, glass brick, or non-clay refractories.

(2) The term "silica brick or other silica refractories" shall mean refractory products produced from raw materials containing free silica as their main constituent.

Last updated April 4, 2025 at 10:54 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-07 Occupations involved in the manufacture of chemicals.

All occupations involved in the manufacture, distribution, or use of the following chemicals or chemical compounds: fertilizers, fungicides, insecticides, rodenticides, and herbicides are prohibited for minors under eighteen years of age.

Definitions:

(A) "Fertilizers" are artificial substances manufactured to be applied to the soil to increase fertility of vegetation.

(B) "Fungicides" are any poisonous substances that kill fungi or check the growth of spores.

(C) "Insecticides" are poisonous substances sprayed or dusted upon the soil or vegetation to kill or prevent the propagation of insect pests.

(D) "Rodenticides" are any poisonous substances that are used for killing rodents.

(E) "Herbicides" are any chemical substances used to kill or check the growth of plants.

Last updated April 4, 2025 at 10:54 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-08 Manufacturing or storage occupations involving explosives.

(A) The following occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components are prohibited for minors under eighteen years of age, unless exempt by the following:

(1) All occupations in or about any plant or establishment (other than retail establishments or plants or establishments of the type described in paragraph (A)(2) of this rule) manufacturing or storing explosives or articles containing explosive components, except where the occupation is performed in a "nonexplosives area" as defined in paragraph (B)(3) of this rule.

(2) The following occupations in or about any plant or establishment manufacturing or storing small arms ammunitions not exceeding .60 caliber in size, shotgun shells, or blasting caps when manufactured or stored in conjunction with the manufacture of small-arms ammunition:

(a) All occupations involved in the manufacturing, mixing, transporting, or handling of explosive compounds in the manufacture of small-arms ammunition and all other occupations requiring the performance of any duties in the explosives area in which explosive compounds are manufactured or mixed;

(b) All occupations involved in the manufacturing, transporting, or handling of primers and all other occupations requiring the performance of any duties in the same building in which primers are manufactured;

(c) All occupations involved in the priming of cartridges and all other occupations requiring the performance of any duties in the same workroom in which rim-fire cartridges are primed;

(d) All occupations involved in the plate loading of cartridges and in the operation of automatic loading machines;

(e) All occupations involved in the loading, inspecting, packing, shipping, and storage of blasting caps.

(B) Definitions:

(1) The term "plant or establishment manufacturing or storing explosives or articles containing explosive components" means the land with all the buildings and other structures thereon used in connection with the manufacturing or processing or storing of explosives or articles containing explosive components.

(2) The terms "explosives" and "articles containing explosive components" mean and include ammunition, black powder, blasting caps, fireworks, high explosives, primers, smokeless powder, and all goods classified and defined as explosives by the interstate commerce commission in regulations for the transportation of explosives by common carriers.

(3) An area meeting all of the following criteria shall be deemed a "nonexplosives area":

(a) None of the work performed in the area involves the handling or use of explosives;

(b) The area is separated from the explosives area by a distance not less than that prescribed in the "American Table of Distances" for the protection of inhabited buildings;

(c) The area is separated from the explosives area by a fence or is otherwise located so that it constitutes a definite designated area; and

(d) Satisfactory controls have been established to prevent employees under eighteen years of age within the area from entering any area about the plant that does not meet the criteria of paragraphs (B)(3)(a) to (B)(3)(c) of this rule.

Last updated April 4, 2025 at 10:54 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-09 Occupations involving exposure to radioactive substances and to ionizing radiations.

(A) The following occupations are prohibited for minors under eighteen years of age, unless exempt by the following:

(1) Any work in any workroom in which: (a) radium is stored or used in the manufacture of self-luminous compound; (b) self-luminous compound is made, processed, or packaged; (c) self-luminous compound is stored, used, or worked upon; (d) incandescent mantles are made from fabric and solutions containing thorium salts, or are processed or packaged; (e) other radioactive substances are present in the air in average concentrations exceeding ten per cent of the maximum permissible concentrations in the air recommended for occupational exposure by the "National Committee on Radiation Protection" as set forth in the forty-hour week column of table one of the "National Bureau of Standards Handbook No. 69" entitled "Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure," issued June 5, 1959.

(2) Any other work that involves exposure to ionizing radiations in excess of 0.5 rem per year.

(B) Definitions:

As used in this chapter:

(1) The term "self-luminous compound" shall mean any mixture of phosphorescent material and radium, mesothorium, or other radioactive element.

(2) The term "workroom" shall include the entire area bounded by walls of solid material and extending from floor to ceiling.

(3) The term "ionizing radiations" shall mean alpha and beta particles, electrons, protons, neutrons, gamma, and x-ray and all other radiations that produce ionizations directly or indirectly, but does not include electromagnetic radiations other than gamma and x-ray.

Last updated April 4, 2025 at 10:55 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-10 Power-driven paper-products machine occupations.

(A) The following occupations are prohibited for minors under eighteen years of age, unless exempt by the following:

(1) The occupations of operating or assisting to operate any of the following power-driven paper-products machines:

(a) Arm-type wire stitcher or stapler, circular or band saw corner cutter or mitering machine, corrugating and single or double-facing machine, envelope die-cutting press, guillotine paper cutter or shear, horizontal bar scorer, laminating or combining machine, sheeting machine, scrap-paper baler, paper box compactor, or vertical slotter.

(b) Platen die-cutting press, platen printing press, or punch press which involves hand feeding of the machine.

(2) The occupations of operation or assisting to operate any baler that is designed or used to process materials other than paper.

(3) The occupations of operation or assisting to operate any compactor that is designed or used to process materials other than paper.

(4) The occupations of setting up, adjusting, repairing, oiling, or cleaning any of the machines listed in paragraphs (A)(1), (A)(2) and (A)(3) of this rule, including those that do not involve hand feeding.

(B) Definitions:

(1) The term "operating or assisting to operate" shall mean all work that involves starting or stopping a machine covered by this rule, placing materials into or removing them from the machine, or any other work directly involved in operating the machine.

(2) The term "paper-products machine" shall mean power-driven machines used in the remanufacture or conversion of paper or pulp into a finished product. The term is understood to apply to such machines whether they are used in establishments that manufacture, or in any other type of manufacturing or nonmanufacturing establishment.

There are many machines not covered by this rule. The following machines are not covered.

Bag machine, bag-making machine

Bottoming machine (bags)

Box-making machine (collapsible boxes)

Bundling machine

Calendar roll and plating machines

Cigarette carton opener and tax stamping machine

Clasp machine

Counting, stacking, and ejecting machine

Corner stayer

Covering, lining, or wrapping machines (set-up boxes)

Creping machine

Dornbusch machine (wall paper)

Ending machine (set-up boxes)

Envelope machine

Folding machine

Gluing, scaling, or gumming machine

Interfolding machine

Jogging machine

Lacer machine

Parchmentizing, waxing, or coating machines

Partition assembling machine

Paper cup machine

Quadruple stayer

Rewinder

Rotary printing press

Ruling machine

Slitting machine

Straw winder

Stripping machine

Taping machine

Tube cutting machine

Tube winder

Tube machine (paper bags)

Window patch machine

Wire or tag stringing machine

Last updated April 4, 2025 at 10:55 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-11 Power-driven metal forming, punching, and shearing machine operations.

(A) The following occupations are prohibited for minors under eighteen years of age, unless exempt by the following:

(1) The occupations of operator of or helper on the following power-driven metal forming, punching, and shearing machines:

(a) All rolling machines, such as beading, straightening, corrugating, flanging, or bending rolls, and hot or cold rolling mills.

(b) All pressing or punching machines, such as punch presses, except those provided with full automatic feed and ejection and with a fixed barrier guard to prevent the hands or fingers of the operator from entering the area between the dies; power presses, and plate punches.

(d) All hammering machines, such as drop hammers and power hammers.

(e) All shearing machines, such as guillotine or squaring shears, alligator shears, and rotary shears.

(2) The occupations of setting up, adjusting, repairing, oiling, or cleaning the machines listed in paragraph (A)(1) of this rule, including those with automatic feed and ejection.

(B) Definitions:

(1) The term "operator" shall mean a person who operates a machine covered by this rule by performing such functions as starting or stopping the machine, placing materials into or removing them from the machine, or any other functions directly involved in operation of the machine.

(2) The term "helper" shall mean a person who assists in the operation of a machine covered by this rule by helping place materials into or remove them from the machine.

(3) The term "forming, punching, and shearing machines" shall mean power-driven metal-working machines, other than machine tools, such as dies, rolls, or knives that are mounted on rams, plungers, or other moving parts. Types of forming, punching, and shearing machines enumerated in this section are the machines to which the designation is by custom applied.

This rule does not apply to machine tools that are defined as "power-driven" complete metal-working machines having one or more tool- or work-holding devices and used for progressively removing metal in the form of chips.

(1) Milling function machines

Horizontal milling machines

Vertical milling machines

Universal milling machines

Planer-type milling machines

Gear hobbing machines

Profilers

Routers

(2) Turning function machines

Engine lathes

Turret lathes

Hollow spindle lathes

Automatic lathes

Automatic screw machines

(3) Planing function machines

Planers

Shapers

Slotters

Broaches

Keycasters

Hack saws

(4) Grinding function machines

Grinders

Abrasive wheels

Abrasive belts

Abrasive disks

Abrasive points

Polishing wheels

Buffing wheels

Stroppers

Lapping machines

(5) Boring function machines

Vertical boring mills

Horizontal boring mills

Jig borers

Pedestal drills

Radial drills

Gang drills

Upright drills

Drill press, etc.

Centering machines

Reamers

Honers

Last updated April 4, 2025 at 10:55 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-12 Occupations involved in the operation of power-driven circular saws, band saws, and guillotine shears.

(A) The following occupations are prohibited for minors under eighteen years of age, unless exempt by the following:

(1) The occupations of operator of or helper on the following power-driven fixed or portable machines, except for machines equipped with full automatic feed and ejection:

(a) Circular saws

(b) Band saws

(2) The occupations of operator of or helper on the following power-driven fixed or portable machines:

(a) Chain saws

(b) Reciprocating saws

(d) Abrasive cutting discs

(3) The occupations of setting up, adjusting, repairing, oiling, or cleaning circular saws, band saws, guillotine shears, chain saws, reciprocating saws, wood chippers, or abrasive cutting discs.

(B) Definitions:

(2) The term "helper" shall mean a person who assists in the operation of a machine covered by this rule by helping place materials into or remove them from the machine.

(3) The term "machines equipped with full automatic feed and ejection" shall mean machines covered by this rule that are equipped with devices for full automatic feeding and ejection and with a fixed barrier guard to prevent completely the operator or helper from placing any part of his body in the point-of-operation area.

(4) The term "circular saw" shall mean a machine equipped with a thin steel disc having a continuous series of notches or teeth on the periphery, mounted on shafting, and used for sawing materials.

(5) The term "band saw" shall mean a machine equipped with an endless steel band having a continuous series of notches or teeth, running over wheels or pulleys, and used for sawing materials.

(6) The term "guillotine shear" shall mean a machine equipped with a movable blade operated vertically and used to shear materials. The term shall not include other types of shearing machines using a different form of shearing action, such as alligator shears or circular shears.

(7) The term "abrasive cutting disc" shall mean a machine equipped with a disc embedded with abrasive materials used for cutting materials.

Last updated April 4, 2025 at 10:55 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-13 Power-driven woodworking machine occupations.

(A) The following occupations involved in the operation of power-driven woodworking machines are prohibited for minors under eighteen years of age, unless exempt by the following:

(1) The occupation of operating power-driven woodworking machines, including supervising or controlling the operation of such machines, feeding material into such machines, and helping the operator to feed material into such machines, but not including the placing of material on a moving chain or in a hopper or slide for automatic feeding.

(2) The occupations of setting up, adjusting, repairing, oiling, or cleaning power-driven woodworking machines.

(3) The operations of off-bearing from circular saws and from guillotine-action veneer clippers.

(B) Definitions:

(1) The term "power-driven woodworking machines" shall mean all fixed or portable machines or tools driven by power and used or designed for cutting, shaping, forming, surfacing, nailing, stapling, wire stitching, fastening, or otherwise assembling, pressing, or printing wood or veneer.

(2) The term "off-bearing" shall mean the removal of material or refuse directly from a saw table or from the point of operation. Operations not considered as off-bearing within the intent of this rule include: (a) the removal of material or refuse from a circular saw or guillotine-action veneer clipper where the material or refuse has been conveyed away from the saw table or point of operation by a gravity chute or by some mechanical means such as a moving belt or expulsion roller; and (b) the following operations when they do not involve the removal of material or refuse directly from a saw table or from a point of operation: the carrying, moving, or transporting of materials from one machine to another or from one part of a plant to another, the piling, stacking, or arranging of materials for feeding into a machine by another person, and the sorting, tying, bundling, or loading of material.

Last updated April 4, 2025 at 10:55 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-14 Coal mine occupations.

All occupations in or about any coal mine are prohibited for minors under eighteen years of age except the occupations of slate or other refuse picking at a picking table or picking chute in a tipple or breaker and occupations requiring the performance of duties solely in offices or in repair or maintenance shops located in the surface part of any coal-mining plant.

Definitions:

(A) The term "coal" shall mean any rank of coal including lignite, bituminous, and anthracite coals.

(B) The term "all occupations in or about any coal mine" shall mean all types of work performed in any underground working, open-pit, or surface part of any coal-mining plant that contributes to the extraction, grading, cleaning or other handling of coal.

Last updated April 4, 2025 at 10:56 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-15 Occupations in connection with mining, other than coal.

All occupations in connection with mining, other than coal, are prohibited for minors under eighteen years of age, except the following:

(A) Work in offices, in the warehouse or supply house, in the change house, and in repair or maintenance shops not located underground.

(B) Work in the operation and maintenance of living quarters.

(C) Work outside the mine in surveying, in the repair and maintenance of roads, and in general cleanup about the mine property, such as clearing brush and digging drainage ditches.

(D) Work of track crews in the building and maintaining of sections of railroad track located in those areas of open-cut metal mines where mining and haulage activities are not being conducted at the time and place that such building and maintenance work is being done.

(E) Work in or about surface placer mining operations other than placer dredging operations and hydraulic placer mining operations.

(F) The following work in metal mills, other than in mercury-recovery mills or mills using the cyanide process:

(1) Work involving the operation of jigs, sludge tables, flotation cells, or drier-filters.

(2) Work of hand sorting at a picking table or picking belt.

(3) General cleanup work.

Definitions:

As used in this section, the term "all occupations in connection with mining, other than coal" shall mean all work performed underground in mines and quarries; on the surface at underground mines and underground quarries; in or about open-cut mines, open quarries, clay pits, and sand and gravel operations; at or about placer mining operations; at or about dredging operations for clay, sand, or gravel; at or about bore-hole mining operations; in or about all metal mills; washer plants, or grinding mills reducing the bulk of the extracted minerals, and at or about any other crushing, grinding, screening, sizing, washing, or cleaning operations performed upon the extracted minerals, except where such operations are performed as a part of a manufacturing process. The term shall not include work performed in subsequent manufacturing or processing operations, such as work performed in smelters, electrometallurgical plants, refineries, reduction plants, cement mills, plants where quarried stone is cut, sanded, and further processed, or plants manufacturing clay, glass, or ceramic products. Neither shall the term include work performed in connection with coal mining, in petroleum production, in natural-gas production, nor in dredging operations that are not a part of mining operations, such as dredging for construction or navigation purposes.

Last updated April 4, 2025 at 10:56 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-16 Logging and sawmilling occupations.

(A) All occupations in logging, all occupations in forest fire fighting and forest fire prevention, and all occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill are prohibited for minors under eighteen years of age, except the following:

(1) Exceptions applying to logging:

(a) Work in offices or in repair or maintenance shops.

(b) Work in the construction, operation, repair, or maintenance of living and administrative quarters of logging camps.

(c) Work in timber cruising, surveying, or logging-engineering parties; work in the repair or maintenance of roads, railroads, or flumes; work in forest protection, such as clearing fire trails or roads, piling and burning slash, maintaining fire-fighting equipment, constructing and maintaining telephone lines, provided that such work is not performed in conjunction with, or in support of, efforts to extinguish a fores fire ; and further provided, that the provisions of this paragraph shall not apply to the felling or bucking of timber, the collecting or transporting of logs, the operation of power-driven machinery, the handling or use of explosives, and work on trestles.

(d) Peeling of fence posts, pulpwood, chemical wood, excelsior wood, cordwood, or similar products when not done in conjunction with and at the same time and place as other logging occupations declared hazardous by this rule.

(e) Work in the feeding or care of animals.

(2) Exceptions applying to the operation of any permanent sawmill or the operation of any lath mill, shingle mill, or cooperage-stock mill; provided that these exceptions do not apply to a portable sawmill the lumber yard of which is used only for the temporary storage of green lumber and in connection with which no office or repair or maintenance shop is ordinarily maintained and further provided that these exceptions do not apply to work that entails entering the sawmill building:

(a) Work in offices or in repair or maintenance shops;

(b) Straightening, marketing, or tallying lumber on the dry chain or the dry drop sorter;

(d) Cleanup in the lumberyard;

(e) Piling, handling, or shipping of cooperage stock in yards or storage sheds, other than operating or assisting in the operation of power-driven equipment;

(f) Clerical work in yards or shipping sheds, such as done by ordermen, tallymen, and shipping clerks;

(g) Cleanup work outside shake and shingle mills, except when the mill is in operation;

(h) Splitting shakes manually from pre-cut and split blocks with a froe and mallet, except inside the mill building or cover;

(i) Packing shakes into bundles when done in conjunction with splitting shakes manually with a froe and mallet, except inside the mill building or cover;

(j) Manual loading of bundles of shingles or shakes into trucks or railroad cars, provided that the employer has on file a statement from a licensed doctor of medicine or osteopathy certifying the minor capable of performing this work without injury to himself.

(B) Definitions:

(1) The term "all occupations in logging" shall mean all work performed in connection with the felling of timber; the bucking or converting of timber into logs, poles, piles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar products; the collecting, skidding, yarding, loading, transporting, and unloading of such products in connection with logging, the constructing, repairing, and maintaining of roads, railroads, flumes, or camps used in connection with logging; the moving, installing, rigging, and maintenance of machinery or equipment used in logging; and other work performed in connection with logging. The term shall not apply to work performed in timber culture, timber stand improvement, or in emergency firefighting.

(2) The term "all occupations in the operation of any sawmill, lath mill, shingle mill, or cooperage stock mill" shall mean all work performed in or about any such mill in connection with the storing of logs and bolts; converting logs or bolts into sawn lumber, laths, shingles, or cooperage stock, or other products of such mills; and other work performed in connection with the operation of any sawmill, lath mill, shingle mill, or cooperage-stock mill. The term shall not include work performed in the planing-mill department or other remanufacturing departments of any sawmill, or in any planing-mill or remanufacturing plant not a part of a sawmill.

(3) The term "all occupations in forest fire fighting and forest fire prevention" shall include the controlling and extinguishing of fires, the wetting down of areas or extinguishing of spot fires, and the patrolling of burned areas to assure the fire has been extinguished. The term shall also include the following tasks when performed in conjunction with, or in support of, efforts to extinguish a forest fire: the piling and burning of slash; the clearing of fire trails or roads; the construction, maintenance, and patrolling of fire lines; acting as a fire lookout or fire patrolman; and the maintaining of fire fighting equipment. The prohibition concerning the employment of youth in forest fire fighting and fire prevention applies to all forest and timber tract locations, logging operations, and sawmill operations, including all buildings located within such areas.

Last updated April 4, 2025 at 10:56 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-17 Motor vehicle occupations.

(A) The occupations of motor-vehicle driver and outside helper on any public road, highway, in or about any mine (including open pit mine or quarry), place where logging or sawmill operations are in progress, or in any excavation for construction of a building are prohibited for minors under eighteen years of age, except as provided in the following exemptions:

(B) Exemptions:

Incidental and occasional driving. This rule shall not apply to the operation of automobiles or trucks not exceeding six thousand pounds gross vehicle weight if such driving is restricted to daylight hours; provided such operation is only occasional and incidental to the child's employment, that the child holds a state license valid for the type of driving involved in the job performed, and has completed a state approved driver education course; and provided further that the vehicle is equipped with a seat belt or similar device for the driver and for each helper, and the employer has instructed each child that such belts or other devices must be used. This exemption shall not be applicable to any occupation of motor-vehicle driver that involves the towing of vehicles.

(1) The term "motor vehicle" shall mean any automobile, truck, truck-tractor, trailer, semitrailer, motorcycle, or similar vehicle propelled or drawn by mechanical power and designed for use as a means of transportation, but shall not include any vehicle operated exclusively on rails.

(2) The term "driver" shall mean any individual who, in the course of employment, drives a motor vehicle at any time.

(3) The term "outside helper" shall mean any individual, other than a driver, whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivering goods.

(4) The term "gross vehicle weight" includes the truck chassis with lubricants, water, and full tank or tanks of fuel, plus the weight of the cab or driver's compartment, body, special chassis and body equipment, and payload.

Last updated April 4, 2025 at 10:56 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-18 Maritime and longshoreman occupations.

All maritime and longshoreman occupations are prohibited for minors under eighteen years of age.

Definitions:

(A) "Maritime occupations" mean any employment on a ship, tug, barge, or other vessel; in the operation and repair of such vessels; and in the loading and unloading of such vessels. Maritime service is not necessarily a "maritime occupation" simply because it is rendered upon the high seas, a river, or other navigable water. To be a "maritime occupation," there must be a relation to commerce or navigation and a connection with a ship, tug, barge, or other vessel employed in trade.

(B) "Longshoreman occupations" are those jobs where one works in the loading and unloading of ships, tugs, barges, or other vessels.

Last updated April 4, 2025 at 10:56 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-19 Railroad occupations.

All occupations in or about a railroad are prohibited for minors under eighteen years of age.

Definitions:

(A) The term "railroad" means a transportation facility operating on rails and engaged in the transportation of freight and passengers for substantial distances and making stops at regular stations for the receipt and discharge of freight and passengers. The term "railroad" includes any tracks laid on, along, or under the streets of a municipality even though used primarily for the accommodation of passengers going from one point to another in such municipality or to and from the suburbs.

(B) The term "occupation in or about a railroad" includes, but is not limited to, brakemen, conductors, engineers, firemen, motormen, track and line crews, and any worker in a railroad shop.

Last updated September 25, 2025 at 8:21 AM

History

Effective: April 17, 1979
Promulgated Under: Ch 119.

Ohio Adm.Code 4101:9-2-20 Occupations in excavation operations.

The following occupations in excavation operations are prohibited for minors under eighteen years of age:

(A) Excavating, working in, or backfilling (refilling) trenches, except (1) manually excavating or manually backfilling trenches that do not exceed four feet in depth at any point, or (2) working in trenches that do not exceed four feet in depth at any point.

(B) Excavating for buildings or other structures or working in such excavations, except (1) manually excavating to a depth not exceeding four feet below any ground surface adjoining the excavation, or (2) working in an excavation not exceeding such depth, or (3) working in an excavation where the side walls are shored or sloped to the angle of repose.

(D) Working within shafts prior to the completion of all sinking and shoring operations.

Last updated September 25, 2025 at 8:21 AM

History

Effective: April 17, 1979
Promulgated Under: Ch 119.

Ohio Adm.Code 4101:9-2-21 Power-driven hoisting apparatus occupations.

(A) The following occupations involved in the operation of power-driven hoisting apparatus are prohibited for minors under eighteen years of age:

(1) Work of operating, tending, riding upon, working from, repairing, servicing, or disassembling an elevator, crane, derrick, hoist, or high-lift truck, except operating an unattended automatic operation passenger elevator or an electric or air-operated hoist not exceeding one ton capacity. Tending such equipment includes assisting in the hoisting tasks being performed by the equipment.

(2) Work of operating, tending riding upon, working from, repairing, servicing, or disassembling a manlift or freight elevator, except a freight elevator operated by an assigned operator. Tending such equipment includes assisting in the hoisting tasks being performed by the equipment.

(3) Work on assisting in the operation of a crane, derrick, or hoist performed by crane hookers, crane chasers, hookers-on, riggers, rigger-helpers, and like occupations.

(B) Definitions:

(1) The term "elevator" shall mean any power-driven hoisting or lowering mechanism equipped with a car or platform that moves in guides in a substantially vertical direction. The term shall include both passenger and freight elevators (including portable elevators or tiering machines), but shall not include dumbwaiters.

(2) The term "crane" shall mean a power-driven machine for lifting and lowering a load and moving it horizontally, in which the hoisting mechanism is an integral part of the machine. The term shall include all types of cranes, such as cantilever gantry, crawler, gantry, hammerhead, ingot-pouring, jib, locomotive, motor truck, overhead traveling, pillar jib, pintle, portal, semi-gantry, semi-portal, storage bridge, tower, walking jib, and wall cranes.

(3) The term "derrick" shall mean a power-driven apparatus consisting of a mast or equivalent members held at the top by guys or braces, with or without a boom, for use with a hoisting mechanism and operating ropes. The term shall include all types of derricks, such as A-frame, breast, Chicago boom, gin-pole, buy, and stiff-leg derricks.

(4) The term "high-lift truck" shall mean a power-driven industrial type of truck used for lateral transportation that is equipped with a power-operated lifting device usually in the form of a fork or platform capable of tiering loaded pallets or skids one above the other. Instead of a fork or platform, the lifting device may consist of a ram, scoop, shovel, crane, revolving fork, or other attachments for handling specific loads. The term shall mean and include high-lift trucks known under such names as forklifts, fork trucks, forklift trucks, tiering trucks, or stacking trucks, but shall not mean low-lift trucks or low-lift platform trucks that are designed for the transportation of, but not the tiering of, material.

(5) The term "manlift" shall mean a device intended for the conveyance of persons that consists of platforms or brackets mounted on or attached to an endless belt, cable, chain or similar method of suspension; such belt, cable, or chain operating in a substantially vertical direction and being supported by and driven through pulleys, sheaves, or sprockets at the top or bottom.

(6) The term "hoist" shall mean a power-driven apparatus for raising or lowering a load by the application of a pulling force that does not include a car or platform running in guides. The term shall include all types of hoists, such as base-mounted electric, clevis suspension, hood suspension, monorail, overhead electric, simple drum, and trolley suspension hoists.

This rule shall not prohibit the operation of an automatic elevator and an automatic signal operation elevator provided that the exposed portion of the car interior (exclusive of vents and other necessary small openings), the car door, and the hoistway doors are constructed of solid surfaces without any opening through which a part of the body may extend; all hoistway openings at floor level have doors that are interlocked with the car door so as to prevent the car from starting until all such doors are closed and locked; the elevator (other than hydraulic elevators) is equipped with a device that will stop and hold the car in case of overspeed or if the cable slackens or breaks; and the elevator is equipped with upper and lower travel limit devices that will normally bring the car to rest at either terminal and a final limit switch that will prevent the movement in either direction and will open in case of excessive over travel by the car.

(D) Definitions as used in this exception:

(1) For the purpose of this exception, the term "automatic elevator" shall mean a passenger elevator, a freight elevator, or a combination passenger-freight elevator, the operation of which is controlled by pushbuttons in such a manner that the starting, going to the landing selected, leveling and holding, and the opening and closing of the car and hoistway doors are entirely automatic.

(2) For the purpose of this exception, the term "automatic signal operation elevator" shall mean an elevator that is started in response to the operation of a switch (such as a lever or pushbutton) in the car that when operated by the operator actuates a starting device that automatically closes the car and hoistway doors and from this point on, the movement of the car to the landing selected, leveling and holding when it gets there, and the opening of the car and hoistway doors are entirely automatic.

Last updated April 4, 2025 at 10:57 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-22 Occupations in roofing operations.

All occupations in roofing operations are prohibited for minors under eighteen years of age.

Definition:

The term "roofing operations" shall mean all work performed in connection with the application of weatherproofing materials and substances (such as tar or pitch, asphalt prepared paper, tile, slate, metal, translucent materials, and shingles of asbestos, asphalt, or wood) to roofs of buildings or other structures. The term shall also include all work performed in connection with: (A) the installation of roofs, including related metal work such as flashing and (B) alterations, additions, maintenance, and repairs, including painting and coating of existing roofs. The term shall not include gutter and downspout work; the construction of the sheathing or base of roofs; or the installation of television antennas, air conditioners, exhaust and ventilating equipment, or similar appliances attached to roofs.

Last updated April 4, 2025 at 10:57 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-2-23 Occupations involved in wrecking, demolition, and shipbreaking operations.

All occupations in wrecking, demolition, and shipbreaking operations are prohibited for minors under eighteen years of age.

Definition:

The term "wrecking, demolition, and shipbreaking operations" shall mean all work, including cleanup and salvage work, performed at the site of the total or partial razing; demolishing; or dismantling of a building, bridge, steeple, tower, chimney, other structure, ship, or other vessel.

Last updated April 4, 2025 at 10:57 AM

History

Effective: March 6, 2020
Promulgated Under: 119.03

Chapter 4101:9-4 Prevailing Wage Regulations

Ohio Adm.Code 4101:9-4-02 Definitions.

The following definitions are provided for the purposes of clarifying the meaning of certain terms as they appear in sections 4115.03 to 4115.16 of the Revised Code and division 4101:9 rules of the Administrative Code.

(A) "Apprentice" means any employee who is enrolled or indentured per trade occupation as a member of a bona fide apprenticeship program, or a person in the first ninety days of probationary employment as an apprentice in such an apprenticeship program who has been certified by the Ohio apprenticeship council or registered with the Ohio apprenticeship council through those states with which Ohio holds reciprocal apprenticeship agreements to be eligible for probationary employment as an apprentice.

(B) "Basic hourly rate of pay" means that portion of the prevailing wage, excluding fringe benefits, paid directly to the employee before deductions.

(C) "Bona fide apprenticeship program" means a comprehensive training program registered with the Ohio apprenticeship council or certified by those with which Ohio holds reciprocal apprenticeship agreements.

(D) "Business association" means a business in any form, including, but not limited to, a sole proprietorship, partnership, limited liability company, or corporation.

(E) "Classification" means the level of experience within an occupation, trade, or craft.

(F) "Common labor" means the classification for unskilled employees.

(G) "Construction" means:

(1) Any new construction of any public improvement that meets the definition and thresholds set forth in either division (B)(1) or (B)(3) of section 4115.03 of the Revised Code.

(2) Any reconstruction, enlargement, alteration, repair, remodeling, renovation, or painting of any public improvement that meets the definition and thresholds set forth in either division (B)(2) or (B)(4) of section 4115.03 of the Revised Code.

(3) "Construction" includes, but is not limited to, dredging, shoring, demolition, drilling, blasting, excavating, scaffolding, installation, and any other change to the physical structure of a public improvement.

(H) "Contractor" means any business association that is involved in the actual construction of a public improvement. Contractor may include an owner, developer, recipients of publicly issued funds, and any person to the extent he or she actively participates in whole or in part in the actual construction of a public improvement by himself or herself, through the use of employees, or by awarding and managing subcontracts to subcontractors as defined in paragraph (HH) of this rule. Contractor may also include any business association that administers, manages, conducts, and oversees actual construction of a public improvement by directing contractors and subcontractors on a specific project.

(I) "Commerce" means the Ohio department of commerce.

(J) "Director" means the director of the Ohio department of commerce, or the director's designee.

(K) "Employee" means any person in the employment of an employer who performs labor or work of the type performed by a laborer, workman, or mechanic in the construction, prosecution, completion, or repair of a public improvement and includes owners, partners, supervisors, and working foremen who devote more than twenty per cent of their time during a work week to such labor or work for the time so spent. Employee does not include an individual who is a sole proprietor. Employee also does not include full-time employees of a public authority who have completed their probationary periods in the classified civil service of the public authority, except such persons are employees if performing work outside the classification specifications of the civil service position for which the probationary period has been served. Employee does not include any person in a program administered by a public authority approved at the discretion of the director in writing prior to work on any project or program, including, but not limited to, local workfare or community action programs.

(L) "Employer" means any public authority, contractor, or subcontractor.

(M) "Enforceable commitment" means a legally binding obligation of an employer.

(N) "Fringe benefits" means:

(1) Medical or hospital care or insurance to provide such;

(2) Pensions on retirement or death or insurance to provide such;

(3) Compensation for injuries or illnesses resulting from occupational activities if it is in addition to that coverage required by Chapters 4121. and 4123. of the Revised Code;

(4) Supplemental unemployment benefits that are in addition to those required by Chapter 4141. of the Revised Code;

(5) Life insurance;

(6) Disability and sickness insurance;

(7) Accident insurance;

(8) Vacation and holiday pay;

(9) Defraying of costs for apprenticeship or other similar training programs that are beneficial only to the employees affected;

(10) Other bona fide fringe benefits.

None of the benefits enumerated in this rule may be considered in the determination of prevailing wages if federal, state, or local law requires contractors or subcontractors to provide any such benefits.

(O) "Fringe benefits credit" means payment made by an employer on behalf of an employee for fringe benefits. The amount of a contribution made by the employee to a fringe benefit, as described in rule 4101:9-4-07 of the Administrative Code, shall not constitute a fringe benefits credit.

(P) "Good faith" in the context of section 4115.10 of the Revised Code means:

(1) An honest intention to abstain from unconscientiously taking advantage of another, together with the absence of all information, notice, benefit, or knowledge of facts and circumstances that render a transaction unconscientious; or

(2) An action that is honest in fact when viewed in light of the totality of the relevant and material circumstances.

(Q) "Institution" means any society or corporation of a for-profit, not-for-profit, public, or private character established or organized for any charitable, educational, or other beneficial purpose.

(R) "Interested party," with respect to a particular contract for construction or renovation of a public improvement, means:

(1) Pursuant to division (F)(1) of section 4115.03 of the Revised Code, any person who submits a bid for the purpose of securing the award of the contract;

(2) Any person acting as a subcontractor of a person described in division (F)(1) of section 4115.03 of the Revised Code;

(3) Any bona fide organization of labor which has as members or is authorized to represent employees of a person described in division (F)(1) or (F)(2) of section 4115.03 of the Revised Code and which exists in whole or in part for the purpose of negotiating with employers concerning the wages, hours, or terms and conditions of employment of employees. For the purpose of this section, "bona fide" means an organization of labor, the charter, constitution, bylaws, or other formative document of which is active and in good standing and requires the organization to act in the interests of its members.

(4) Any association having as members any of the persons described in division (F)(1) or (F)(2) of section 4115.03 of the Revised Code.

(S) "Laborer, workman, or mechanic" means a person who performs manual labor, or labor of a particular occupation, trade, or craft, or who uses tools of a particular occupation, trade, or craft, or who otherwise performs physical work in such occupation, trade, or craft that has been approved in writing by the director through issuance of prevailing wage rate schedules for such occupations, trades, or crafts. Laborer, workman, or mechanic does not include a person that performs activities that do not involve actual construction on the project, such as:

(1) Consultants that perform land use planning, construction planning, zoning representation, survey work, architectural work, interior design work, professional engineering work, and landscape architectural work for a project; or

(2) Persons whose primary function is to take measurements, accumulate data, and make recommendations on how to rectify imperfections or imbalances in installed equipment or systems.

(T) "Legal day's work" means that portion of any twenty-four-hour time period during which an employee may work consistent with all applicable state or federal laws.

(U) "Locality" means the county in Ohio wherein the physical work upon any public improvement is being performed.

(V) "Materialman" means any supplier or furnisher of materials to be used in the construction of any public improvement.

(W) "Nonpublic user beneficiary" means any nongovernmental person who is the recipient of funds generated by the issuance of public obligations for such person's construction, use, occupancy, or enjoyment of a public improvement.

(X) "Occupation," "trade," or "craft" means the functional nature of work performed by an individual. The director may use the U.S. department of labor's "Dictionary of Occupational Titles" as a guide in determining an occupation, trade, or craft.

(Y) "Person" means any individual, institution, business association, or governmental agency.

(Z) "Prevailing wage" means the sum of the following:

(1) The basic hourly rate of pay;

(2) The rate of contribution irrevocably made by an employer to a trustee or to a third person pursuant to a fund, plan, or program that is communicated in writing to the employees affected prior to completion of any project to which sections 4115.03 to 4115.16 of the Revised Code apply;

(3) The rate of costs to the employer that may be reasonably anticipated in providing fringe benefits to employees pursuant to an enforceable commitment to carry out a financially responsible plan or program that is communicated in writing to the employees affected prior to completion of any project to which sections 4115.03 to 4115.16 of the Revised Code apply.

(AA) "Prevailing wage rate schedule" means the determination of the department of the prevailing rates of wages to be paid to employees in applicable occupations and the ratios of helpers, apprentices, trainees, serving laborers, and assistants to skilled workers; it includes any subsequent modifications, corrections, escalations, or reductions to any wage rates or ratios.

(BB) "Public authority" means any officer, board, or commission of the state, or any political subdivision of the state, authorized to enter into a contract for the construction of a public improvement or to construct the same by the direct employment of labor, or any institution supported in whole or in part by public funds. Sections 4115.03 to 4115.16 of the Revised Code and division 4101:9 of the Administrative Code apply to expenditures of such institutions made in whole or in part from public funds.

(CC) "Public improvement," subject to the exceptions set forth in division (B) of section 4115.04 of the Revised Code, means:

(1) All buildings, roads, streets, alleys, sewers, ditches, sewage disposal plants, water works, and all other structures or works that are:

(a) Constructed by a public authority of the state or any political subdivision, including, but not limited to, a municipality thereof;

(b) Constructed by any person for a public authority of the state or a political subdivision, including, but not limited to, a municipality thereof, pursuant to a contract with such public authority;

(d) Constructed in whole or in part from public funds by an institution supported in whole or in part by public funds; or

(e) Constructed by a public authority using public funds dedicated for the construction of a public improvement and in which the public authority maintains a possessory or property interest in the completed project.

(2) All work performed on a newly constructed structure or work to suit it for occupancy by a public authority when a public authority rents or leases such a structure or work within six months after completion of such construction.

(3) Any construction where the federal government or any of its agencies furnishes all or any part of the funds used in constructing such improvement, except where the federal government or any of its agencies provides the funds by loan or grant and prescribes predetermined minimum wages to be paid to employees in the construction of such projects or where federal statute or regulation explicitly preempts the application of state prevailing wage law. Loan or grant does not include federal government insurance of state financing on the project nor a loan guarantee of private funds. To be predetermined, the rates must be set according to the procedures of the U.S. department of labor, prior to the beginning of construction, and specifications of the project must reference the application of federal wage requirements.

(DD) "Rate of contribution" means the hourly credit of the amount irrevocably made by an employer to a fund, plan, or program pursuant to division (E)(2) of section 4115.03 of the Revised Code.

(EE) "Rate of costs" means the hourly credit of the amount reasonably anticipated to be paid by an employer in providing fringe benefits to employees pursuant to an enforceable commitment to carry out a financially responsible plan or program pursuant to division (E)(3) of section 4115.03 of the Revised Code.

(FF) "State" means the state of Ohio or any of its instrumentalities or political subdivisions, and, unless exempted or excepted by the Revised Code, the departments, agencies, boards, or commissions thereof.

(GG) "Structures and works" means, to the extent not specifically stated in the definition of public improvement, all construction activity, including, but not limited to, improvements of all types, such as bridges, dams, plants, highways, parkways, streets, streetscapes, subways, tunnels, mains, power lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals.

(HH) "Subcontractor" means any business association hired by a contractor to perform construction on a public improvement or any business association hired by such subcontractor, or any subcontractor whose subcontract derives from the chain of contracts from the original subcontractor.

(II) "Supported in whole or in part by public funds" means any payment or partial payment directly or indirectly from funds provided by loans, grants, taxes, or any other type of payment from public funds of the federal government or of the state as defined in division 4101:9 of the Administrative Code.

(JJ) "Sufficient evidence" shall, for the purpose of section 4115.16 of the Revised Code, mean that each element of the complaint shall be supported by prima facie evidence.

(KK) "Third person" means a person responsible for safeguarding contributions to a fund, plan, or program pursuant to division (E)(2) of section 4115.03 of the Revised Code or fringe benefits provided pursuant to division (E)(3) of section 4115.03 of the Revised Code, or both. A third person must act in a fiduciary capacity and must assume the usual fiduciary responsibilities imposed upon trustees by applicable state or federal law.

(LL) "Trainee" is one who is employed pursuant to and individually registered in a program that has received prior approval by the employment and training administration (ETA), U.S. department of labor. Each occupation in which trainees are to be trained must be one commonly recognized throughout the construction industry.

(MM) "Trustee" means a person responsible for safeguarding contributions to a fund, plan, or program pursuant to division (E)(2) of section 4115.03 of the Revised Code or fringe benefits provided pursuant to division (E)(3) of section 4115.03 of the Revised Code, or both. A trustee must act in a fiduciary capacity and must assume the usual fiduciary responsibilities imposed upon trustees by applicable state or federal law.

The terms used in these rules are to be construed according to the purposes of the prevailing wage law, general principles of Ohio law, custom and usage in the construction industry, the context of their usage, and the use of similar words therein.

Last updated November 1, 2024 at 7:56 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-07

(A) The following deductions from wages may be made without application to and approval of commerce:

(1) Any deduction from wages required by federal, state, or local law;

(2) Any deduction of amounts required by court order, process, or judgment to be paid to another unless collusion or collaboration exists between the employer and the employee for whose benefit the deduction is made; and

(3) Any deduction that constitutes a contribution by the employee to funds, plans, or programs established by the employer or representatives of employees, or both, for the purpose of providing either from principal or income, or both, medical or hospital care, pensions or annuities on retirement, death benefits, compensation for injuries in addition to that required by Chapters 4121. and 4123. of the Revised Code, compensation for illness; accidents; sickness; or disability, or for insurance to provide any of the foregoing, or unemployment benefits in addition to those required by Chapter 4141. of the Revised Code or vacation pay.

(B) The following deductions from wages may be made only if, prior to commencement of work by the employee on any project, employers procure and maintain, in writing, proof of voluntary deductions signed by the employee:

(1) Savings accounts or similar savings plans for the benefit of employees, their families, and dependents;

(2) Any deduction constituting a contribution toward the purchase of United States defense stamps or savings bonds;

(3) Any deduction enabling the employee to repay loans to or purchase shares in credit unions organized and operated in accordance with federal and state credit union statutes;

(4) Any deduction for the making of contributions to governmental or quasi-governmental agencies;

(5) Any deduction for the making of contributions to legitimate charitable institutions;

(6) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments, provided that a collective bargaining agreement between the employer and representatives of its employees permits such deductions and such deductions are not otherwise prohibited by law; and

(7) Any deduction for the making of contributions to a state or federal political action committee.

(C) Any deduction from wages not specifically permitted in paragraphs (A) and (B) of this rule shall be permitted only upon approval of the public authority and the director and must meet the following criteria:

(1) The deduction is not otherwise prohibited by law;

(2) The employer does not make a profit or benefit directly or indirectly from the deduction in any form, including, but not limited to, commissions or dividends;

(3) The deduction is either voluntarily consented to by the employee in writing, prior to the period in which the work is to be done, where such prior consent is not a condition for obtaining or continuing employment, or is provided for in a bona fide collective bargaining agreement between the employer and representatives of its employees; and

(4) The deduction serves the convenience and interest of the employee, his family, or beneficiaries.

(D) Failure to provide evidence of voluntary deductions pursuant to paragraphs (B) and (C) of this rule constitutes a violation of section 4115.07 of the Revised Code.

(E) Failure to obtain the approval of the public authority and director for any deduction taken pursuant to paragraph (C) of this rule constitutes a violation of section 4115.07 of the Revised Code.

(F) An employer withholding a permissible payroll deduction pursuant to paragraph (A), (B), or (C) of this rule shall maintain complete records of the wages withheld, including any and all receipts for donations, contributions, fees, and dues paid on behalf of the employee, from the deductions withheld by the employer.

(G) Failure to comply with paragraph (F) of this rule constitutes a violation of section 4115.07 of the Revised Code.

(H) Any records required to be maintained by this rule shall be made available to the public authority and commerce upon request.

Last updated November 1, 2024 at 7:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-03 Discharge of prevailing wage obligation.

(A) An employer shall pay not less than the prevailing wage rate as determined by the director in the following manner:

(1) Payment of the basic hourly rate of pay directly to the employee plus payment of the rate of contribution and rate of costs permitted under division-level 4101:9 rules of the Administrative Code; or

(2) Where there is no rate of contribution or rate of costs as permitted under these rules, the basic hourly rate of pay shall be at least equal to the prevailing wage rate and shall be paid in full directly to the employee.

(B) No fringe benefits may be considered in the determination of prevailing wages if federal, state, or local law requires employers to provide such benefits.

Last updated November 1, 2024 at 7:56 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-04 Allowance of contributions to a fund, plan, or program.

(A) Pursuant to division (E)(2) of section 4115.03 of the Revised Code, commerce will allow credit for the "rate of contribution" irrevocably made by an employer to a trustee or to a third person pursuant to a fund, plan, or program. No credit will be allowed to the extent the employer will be able to recapture this rate of contribution or in any way divert said funds to his or her own use or benefit, except where the employer can demonstrate that he or she has erroneously contributed an excessive amount, he or she may recapture said amount without affecting the credit previously given, provided that he or she received no credit for the amount he or she seeks to recapture. In order for an employer to receive the credit, a trustee or third person must act in a fiduciary capacity and must assume the usual fiduciary responsibilities imposed upon trustees by applicable state or federal law. The terms fund, plan, or program are intended to recognize the various types of arrangements commonly used to provide the funded benefits contemplated by division (E)(2) of section 4115.03 of the Revised Code.

(B) Fringe benefits credits shall be presumed to be paid at a rate not to exceed the amount of contributions for fringe benefits set forth in the applicable prevailing wage rate schedule for the locality. In the event that an employer seeks fringe benefit credit that exceeds the amount set forth in the applicable prevailing wage rate schedule, the employer shall provide the department with documentation that supports such excess credit.

(C) Funds, plans, or programs that violate applicable state or federal law will not be recognized for the purposes of determining the allowable credit.

Last updated November 1, 2024 at 7:56 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-05 Allowance of fringe benefits.

(A) Pursuant to division (E)(3) of section 4115.03 of the Revised Code, commerce will allow credit for the rate of costs that may be reasonably anticipated in providing fringe benefits to employees pursuant to an enforceable commitment to carry out a financially responsible plan or program of fringe benefits that was communicated in writing to the employees. The plan or program must be set up in such a way that an "enforceable commitment," as defined in these rules exists for the provision of the fringe benefits contemplated thereby. The terms "plan or program" include the various types of arrangements commonly used to provide the benefits contemplated by division (E)(3) of section 4115.03 of the Revised Code. The words "reasonably anticipated" require a plan or program to be able to withstand a test of actuarial soundness. The words "financially responsible" require a plan or program to be bona fide.

(C) Funds, plans, or programs that violate applicable state or federal law will not be recognized for the purposes of determining the allowable credit.

Last updated November 1, 2024 at 7:56 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-06 Calculation of credits.

(A) It is the duty of each employer to calculate the amount of credit it seeks for fringe benefits in accordance with Chapter 4101:9-4 of the Administrative Code.

(B) Each employer shall submit a certified payroll report to the prevailing wage coordinator. This report shall include at a minimum the basic hourly rate, calculated hourly rate of fringe benefits credited, and all permissible payroll deductions.

(C) The employer shall submit detailed calculations showing the calculations used in determining any of the information contained on the certified payroll report upon request by commerce.

(D) Where the employer provides commerce with substantiating documentation concerning the amount contributed to the fringe benefit and the total number of hours worked by the employee on all projects deemed relevant by the director for the purposes of this calculation, hourly fringe benefit credit shall be calculated by dividing the total contribution of the employer applicable to the employee by the total number of hours worked by the employee.

(E) Where the employer provides commerce with substantiating documentation concerning only the amount contributed to the fringe benefit, hourly fringe benefit credit shall be calculated by dividing the total yearly contribution by 2080.

(F) Commerce may reject any credits sought by an employer that are not substantiated by adequate records.

(G) Falsification of any information provided to commerce pursuant to this rule is a violation of section 2921.13 of the Revised Code.

Last updated November 1, 2024 at 7:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-08 Computation of overtime compensation.

(A) Overtime compensation shall be computed in the manner prescribed by this rule. This rule incorporates the provisions of division (A) of section 4111.03 of the Revised Code and sections 207 and 213 of the Fair Labor Standards Act, 29 U.S.C.A. 207, 213.

(B) Subject to the requirements of paragraph (A) of this rule, an employee shall be paid the prevailing wage for every hour actually worked on any project that requires payment of the prevailing wage. In addition to that amount, for every hour an employee works for an employer on any project that requires payment of the prevailing wage that takes place after the first forty hours worked by the employee for the employer on all projects, he shall be paid the basic hourly rate, as determined by this rule, times one-half.

(C) For the purposes of the calculations required by this rule, the basic hourly rate shall be the basic hourly rate as listed in the applicable prevailing wage rate schedule.

Last updated November 1, 2024 at 7:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-09 Determination of wage rate schedule.

(A) The director shall determine the prevailing rate of wages to be paid for a legal day's work to employees upon public works as not less than the collective bargaining rates in the applicable locality under collective bargaining agreements or understandings between employers and bona fide organizations of labor in force at the date the contract for the public work, relating to the trade or occupation, was made and collective bargaining agreements or understandings successor thereto. For certain bond projects where a statute so provides, a nonpublic user beneficiary may pay regular bargaining unit employees covered under a collective bargaining agreement the rate under a collective bargaining agreement in existence prior to the date of the commitment instrument undertaking to issue bonds. The wage rate schedule, including all modifications, corrections, escalations, or reductions, shall be the "fixed rate of wages" as used in sections 4115.03 to 4115.16 of the Revised Code.

(B) To determine the prevailing rate of wages, the director shall consider the following information:

(1) Signed collective bargaining agreements or understandings between employers and bona fide organizations of labor, in force at the date of the contract for the public improvement;

(2) Signed collective bargaining agreements or understandings that are successor to those mentioned in paragraph (B)(1) of this rule. For purposes of this rule, successor collective bargaining agreements or understandings include collective bargaining agreements or understandings previously in existence but subsequently brought to the attention of the department, and collective bargaining agreements or understandings that come into existence subsequent to an initial request by a public authority for a fixing of the prevailing wage rate schedule; and

(3) The director will not recognize any collective bargaining agreement, contract, or understanding, or successors thereto, between employers and bona fide labor organizations unless submitted by a labor organization that is a party thereto and that is accompanied by an affidavit signed by said organization's authorized representative certifying that such materials are complete, current, and accurate copies of the relevant portions of original documents, including signature pages and all exhibits and appendices included, as required by section 4115.05 of the Revised Code.

(C) The director shall make a wage rate schedule in accordance with the criteria set forth in division (E) of section 4115.03 and sections 4115.04 and 4115.05 of the Revised Code and division 4101:9 of the Administrative Code.

(D) Ratios of apprentices, helpers, serving laborers, trainees, and assistants shall be issued by the director as part of the prevailing wage rate schedule where such classifications exist in the collective bargaining agreement or understanding in force at the date and in the locality of the public improvement. Such ratio shall not be greater than the ratio allowed the contractor or subcontractor in said collective bargaining agreement or understanding.

(E) The wage rate schedules shall be disseminated to the public authorities. Each public authority shall disseminate any changes in the wage rate schedules in their entirety to employers under its jurisdiction within seven working days from receipt and require such employers to make the necessary adjustments in the prevailing wage rates.

(F) No employer shall classify or pay any employee as an apprentice, helper, serving laborer, trainee, or assistant, unless the director, as part of the prevailing wage rate schedule, designates such classifications as being applicable to the locality.

(G) No employer shall classify or pay any employee as an apprentice, helper, serving laborer, trainee, or assistant in excess of the ratio of apprentices, helpers, serving laborers, trainees, or assistants to journeymen or skilled workers at the jobsite of the public improvement as indicated in the prevailing wage rate schedule issued by the director for the locality.

Last updated June 25, 2025 at 7:42 PM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-10 Procedure for requesting wage rate schedules.

(A) Every public authority authorized to contract for or construct with its own forces a public improvement, before advertising for bids or undertaking such construction with its own forces, shall have commerce determine the prevailing rate of wages to be paid to laborers, workmen, and mechanics for the class or classes of work called for in the construction of the public improvement. The public authority shall initially request a wage rate schedule under sections 4115.03 to 4115.16 of the Revised Code by submitting the standard forms, supplied by the director, to the following e-mail address: IC@com.state.oh.us.

(B) The public authority shall supply the following information to the division on the applicable forms:

(1) A sufficiently detailed description of the work to indicate the type of construction involved, prepared by the designing architect and/or engineer, unless there is no designing architect or engineer in which case the identity of the person providing the description shall be provided.

(2) A sufficiently detailed, itemized breakdown of all expected costs, prepared by the designing architect and/or engineer, unless there is no designing architect or engineer in which case the identity of the person providing the description shall be provided.

(3) The county in which the project is to be constructed.

(4) The estimated time of completion of the project.

(5) The estimated total cost of the project.

(6) The type of funding involved.

(C) The time required to process requests for a wage rate schedule is dependent upon the facts and circumstances of each project. Commerce shall process each request within thirty days.

(D) The schedule of wage rates, as formulated by commerce, shall be attached to and made a part of the specifications for all work to be performed on every public improvement project subject to sections 4115.03 to 4115.16 of the Revised Code.

(E) Where any work is to be performed pursuant to a contract, the schedule of wage rates shall also be printed on the bidding blanks.

(F) True and accurate copies of the bidding blanks shall be filed with commerce by the public authority prior to the award of the general contract.

(G) Any person may be placed on a county-by-county mailing list for changes in the wage rate schedules by accessing the wage rate schedules via electronic means through the department of commerce, division of industrial compliance's website.

(H) In the event that it is unclear which occupation, class, or trade to categorize an employee because the work to be performed on a public improvement by said employee fits the description of more than one occupation, class, or trade, the proper category shall be determined by commerce looking to a number of factors, including past industry practices in the locality concerning which occupation, class, or trade has traditionally done said work.

Last updated November 1, 2024 at 7:57 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-12 Duty of public authority to appoint prevailing wage coordinator.

(A) In addition to the duties delineated in section 4115.071 of the Revised Code, duties of the prevailing wage coordinator shall include:

(1) Reporting any delinquency in the filing of the certified copy of the payroll or related documentation or affidavits to the chief officer of the contracting public authority and the administrator within two weeks of the date such reporting was required; and

(2) Receiving and maintaining from each contractor or subcontractor all forms and/or evidence required pursuant to division 4101:9 of the Administrative Code.

(B) Pursuant to section 4115.07 of the Revised Code no public authority shall make final payment to any contractor or subcontractor unless an affidavit has been filed with the director by the respective contractor or subcontractor. The affidavits shall be sworn to and notarized.

(C) On bond or other similarly financed projects, the issuer of bonds or provider of other similar financing shall arrange for the appointment of a prevailing wage coordinator, except where the identity of said coordinator is provided by law.

(D) In the event that the public authority does not appoint a prevailing wage coordinator, commerce may appoint a coordinator. The public authority shall reimburse commerce for the cost of such prevailing wage coordinator appointed. Contractors and subcontractors are not relieved of any obligation to prepare the certified payrolls, or otherwise comply with these rules by the failure of the appropriate public authority to appoint a prevailing wage coordinator. In the event a prevailing wage coordinator is subsequently appointed, the contractor or subcontractor must submit the information required by Chapter 4101:9-4 of the Administrative Code at that time.

(E) On bond or other similarly financed projects subject to the prevailing wage law where financing is provided before, during, or at the expiration of the project, the public authority must ensure that compliance with sections 4115.03 to 4115.16 of the Revised Code and these rules has been achieved before the issuance of bonds or commencement of other similar financing. The public authority shall require submission of the certified payrolls, affidavits, and other records and compliance with the requirements of this rule for that purpose.

Last updated November 1, 2024 at 7:58 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-13 Duties of contractors.

(A) Every contractor and subcontractor on a public improvement project shall:

(1) Under its contract with any public authority or contractor of a public authority, supply the prevailing wage coordinator with all documentation required pursuant to sections 4115.03 to 4115.16 of the Revised Code and division-level 4101:9 rules of the Administrative Code. Said contractor shall obtain from either commerce or the public authority sufficient copies of all forms required to assure accurate and timely submission of all reports required by sections 4115.03 to 4115.16 of the Revised Code and division 4101:9 of the Administrative Code.

(2) As soon as it begins performance under its contract with any contracting public authority, supply the prevailing wage coordinator of the contracting public authority with a schedule of the dates during the life of its contract with the public authority on which it is required to pay wages to employees. The schedule of pay dates must not be greater than the time periods required for reporting of payrolls as set forth in paragraph (B) of this rule.

(3) Post in a prominent and accessible place on the site of the work a legible statement of the schedule of wage rates specified in the contract for the various occupations of laborers, workmen, and mechanics employed. The notice must remain posted during the life of the contract and must be supplemented in its entirety whenever new wage rate schedules are issued by the department. The schedule must also state the name, address, and phone number of the prevailing wage coordinator.

(4) On the occasion of the first pay date under a contract, issue to each employee not covered by a collective bargaining agreement or understanding between employees and bona fide organizations of labor an individual written notification stating the identity of the prevailing wage coordinator and when the prevailing wage coordinator is appointed. In the event that the contractor is unable to identify the prevailing wage coordinator, he or she shall contact the Ohio department of commerce.

(5) Failure to provide any information, reports, documents, or other evidence required by this rule or rules 4101:9-4-06 and 4101:9-4-07 of the Administrative Code is a violation of sections 4115.05 and 4115.071 of the Revised Code.

(B) For the purposes of paragraph (A)(2) of this rule, the initial and all supplemental payroll reports shall contain the information required by section 4115.071 of the Revised Code and an accurate description of the nature of the deductions withheld from each employee's wages.

(C) Falsification of any information addressed within this rule is a violation of section 4115.071 of the Revised Code and a criminal violation pursuant to section 2921.13 of the Revised Code.

Last updated November 1, 2024 at 7:58 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-14 Obligation of contracts.

(A) No contractor or subcontractor under a contract for a public improvement or public work shall sublet any of the work covered by such contract unless specifically authorized to do so by the contract. If a contractor or subcontractor sublets a contract, it shall notify the public authority at the time the contract is sublet. If a contractor or subcontractor sublets a contract, it shall require the contracting party to pay not less than the prevailing rate of wages, to comply with the reporting and recordkeeping requirements of sections 4115.03 to 4115.16 of the Revised Code and division 4101:9 of the Administrative Code, and to submit the affidavits required by section 4115.07 of the Revised Code. Such contracting party shall not further sublet the contract without requiring its subcontractors to meet the same requirements. Each contract for a public improvement or public work shall contain a provision that all employees shall be paid not less than the applicable prevailing wage.

(B) Every contract for a public improvement project shall contain provisions requiring the successful bidder to be responsible for the payment of the prevailing wages to each individual who worked on the project.

Last updated November 1, 2024 at 7:59 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-15 Employees with multiple job functions.

(A) As used in sections 4115.03 to 4115.16 of the Revised Code and division-level 4101:9 rules of the Administrative Code, the occupation called for by the contract is the functional job to be performed, such as "carpenter," "laborer," or "electrician."

(B) Laborers, workmen, or mechanics performing work in more than one occupation shall be compensated at least at the rate specified for each occupation for the time actually worked therein.

(C) Commerce may use the U.S. department of labor's "Dictionary of Occupational Titles" as a guide in determining occupations.

Last updated September 9, 2024 at 3:02 PM

History

Effective: June 3, 2004
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-16 Apprentices, serving laborers, assistants, helpers, and trainees.

(A) Apprentices, serving laborers, assistants, helpers, and trainees shall not be categorized as common labor.

(B) Apprentices may be categorized in their particular trades, and paid less than the prevailing rates of wages for qualified laborers, workmen, or mechanics in such particular trades, only if there is in force at the time work is being performed under a contract for the public improvement project, in the locality of such project, a collective bargaining agreement or understanding between employers and bona fide organizations of labor that authorizes the employment of apprentices.

(C) Where the foregoing condition is not fulfilled, except as provided in paragraph (K) of this rule and in accordance with section 4115.05 of the Revised Code, with respect to any individual apprentice or group of apprentices, such apprentice or group of apprentices shall be categorized according to the type of work performed and shall be paid the full prevailing rates of wages applicable to qualified laborers, workmen, or mechanics who performed that type of work.

(D) Serving laborers, assistants, and helpers may be categorized as such in their particular trades, and paid less than the prevailing rates of wages for qualified laborers, workmen, or mechanics in such particular trades, only if there is in force at the time work is being performed under a contract for the public improvement project, in the locality of such project, a collective bargaining agreement or understanding between employers and bona fide organizations of labor that authorizes the employment of serving laborers, assistants, and helpers.

(E) Except as provided in paragraph (K) of this rule and in accordance with section 4115.05 of the Revised Code, where the forgoing condition applicable to serving laborers, assistants, and helpers is not fulfilled, with respect to individual serving laborers, assistants, and helpers, or groups of serving laborers, assistants, and helpers, such individuals or groups shall be classified according to the work performed and shall be paid the full prevailing rate of wages as stated in the wage rate schedule issued by commerce applicable to qualified laborers, workmen, or mechanics who perform that type of work.

(F) Trainees may be categorized in their particular trades, and paid less than the prevailing rate of wages for qualified laborers, workmen, or mechanics in such particular trade, only if there is in force at the time work is being performed under a contract for the public improvement project, in the locality of such project, a collective bargaining agreement or understanding between employees and bona fide organizations of labor that authorizes the employment of trainees.

(G) Except as provided in paragraph (K) of this rule and in accordance with section 4115.05 of the Revised Code, where the foregoing condition is not fulfilled with respect to an individual trainee or group of trainees, such trainee or group of trainees shall be categorized according to the type of work performed and shall be paid the full prevailing rate of wages applicable to qualified laborers, workmen, or mechanics who perform that type of work.

(H) Except as provided in paragraph (K) of this rule and in accordance with section 4115.05 of the Revised Code, ratios of apprentices to skilled workers for the jobsite of the public improvement may not exceed the allowable ratio contained in the applicable prevailing wage rate schedule. The allowable ratio of apprentices to skilled workers set forth in the prevailing wage rate schedule shall be the ratio of apprentices to skilled workers in the collective bargaining agreement applicable to the locality of the project. If a contractor or subcontractor has employed apprentices in excess of the allowable ratio contained in the prevailing wage rate schedule, all such apprentices are considered to have been improperly classified and will be entitled to an equitable share of the total of the wages that would have been paid had such employees been properly classified. For purposes of ratios, a working foreman, supervisor, or owner may be counted as a laborer, workman, or mechanic; however, if an employer has miscategorized any employee, including a working foreman, supervisor, or owner, or utilized an excessive number of apprentices, such employees cannot be counted as laborers, workmen, or mechanics for ratio purposes.

(I) Except as provided in paragraph (K) of this rule and in accordance with section 4115.05 of the Revised Code, ratios of serving laborers, assistants, and helpers to skilled workers at the jobsite of the public improvement may not exceed the allowable ratio contained in the prevailing wage rate schedule. The allowable ratio of serving laborers, assistants, and helpers to skilled workers set forth in the prevailing wage rate schedule shall be the ratio of serving laborers, assistants, and helpers to skilled workers in the collective bargaining agreement applicable to the locality of the project. If a contractor or subcontractor has employed serving laborers, assistants, or helpers in excess of the allowable ratio contained in the prevailing wage rate schedule, all such serving laborers, assistants, and helpers are considered to have been improperly classified and will be entitled to an equitable share of the total of wages due if such employees had been properly classified. For purposes of ratios, a working foreman, supervisor, or owner may be counted as a laborer, workman, or mechanic; however, if an employer has miscategorized any employee, including a working foreman, supervisor, or owner, or utilized an excessive number of serving laborers, assistants, or helpers, such employees cannot be counted as laborers, workmen, or mechanics for ratio purposes.

(J) Except as provided in paragraph (K) of this rule and in accordance with section 4115.05 of the Revised Code, ratios of trainees to skilled workers at the jobsite of the public improvement may not exceed the allowable ratio contained in the prevailing wage rate schedule. The allowable ratio of trainees to skilled workers set forth in the prevailing wage rate schedule shall be the ratio of trainees to skilled workers in the collective bargaining agreement applicable to the locality of the project. If a contractor or subcontractor has employed trainees in excess of the allowable ratio contained in the prevailing wage rate schedule, all such trainees are considered to have been improperly classified and will be entitled to an equitable share of the total of wages due if such employees had been properly classified. For purposes of ratios, a working foreman, supervisor, or owner may be counted as a laborer, workman, or mechanic; however, if an employer has miscategorized any employee, including a working foreman, supervisor, or owner, or utilized an excessive number of trainees, such employees cannot be counted as laborers, workmen, or mechanics for ratio purposes.

(K) Ratios of apprentices to skilled workers may not exceed the permissible ratio at the jobsite of the public improvement project as contained in the applicable prevailing wage rate schedule within a valid collective bargaining agreement or understanding between employers and bona fide organizations of labor. However, it is not a violation of this rule or of section 4115.05 of the Revised Code when:

(1) The number of apprentices working on a public improvement project exceeds the permissible ratio by two or fewer apprentices; and

(2) This occurs for a period of two days or less in any thirty day period.

Last updated November 1, 2024 at 7:59 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-17 Scope of project.

(A) The construction of a public improvement shall be "fairly estimated to be more than the threshold," based on the prevailing wage rates in the locality at the time the project is to be let out for bidding, whether done at one time or in phases.

(B) Whenever a contract for the construction of a public improvement project exceeding the threshold in value is awarded to a contractor by a public authority, and the contractor begins performance but is unable to complete the project, and it therefore becomes necessary for the public authority to contract with a new contractor to complete the project, any new contractor shall be required to pay the prevailing rates of wages regardless of whether the contract awarded to the succeeding contractor for completing the project is worth less than the threshold.

(C) A public authority may not subdivide a project into component parts or projects of less than the threshold unless such projects under the threshold are conceptually separate and unrelated to each other, or encompass independent and unrelated needs of the public authority. Phases may be considered as separate projects only where the public authority has proposed construction of the project in separate and distinct phases, the proposal to construct in phases is based upon lack of adequate funding necessary to award the contract as a whole, and a period of six months or longer of construction inactivity will occur between each phase. A single project that exceeds the applicable threshold as set forth in this rule shall constitute construction of a public improvement regardless of how many separate contracts are included within the project.

Last updated November 1, 2024 at 7:59 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-18 Construction by public authority with its own employees.

A public authority that constructs a public improvement project with its own employees shall pay not less than the prevailing rate of wages, unless the public authority's employees performing the work are full-time employees that have completed their probationary period in the classified service of the public authority and are performing work consistent with the classified nature of their employment.

Last updated November 1, 2024 at 8:00 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-20 Payment.

(A) An employer shall not pay or permit any worker to accept wages less than the prevailing rate of wages as determined by the director and evidenced by the prevailing wage rate schedule.

(B) An employer shall provide evidence of proper payment of wages when requested by the director.

(C) An employer shall not, at any time during the project, pay less than the prevailing rate of wages for each day worked, regardless of the rate of pay being paid at any other time.

(D) An employer shall not pay less than the prevailing rate of wages by docking pay, docking time, or deducting pay for any purpose unless provided for in sections 4115.03 to 4115.16 of the Revised Code or division-level 4101:9 rules of the Administrative Code.

(E) A person shall not, either for himself or any other person, request, demand, or receive, either before or after an employee is engaged, that such employee pay back, return, donate, contribute, or give any part or all of said employee's wages, salary, or thing of value, to any person, upon the statement, representation, or understanding that failure to comply with such request or demand will prevent such employee from procuring or retaining employment. This paragraph does not apply to any agent or representative of a duly constituted labor organization acting in the collection of dues or assessments of such organization as permitted by section 4115.10 of the Revised Code and rule 4101:9-4-07 of the Administrative Code.

(F) No agreement by an employee to waive his right to prevailing wages is valid or will be recognized by the director.

(G) A person shall not keep any record or duplicate of a record with the intent to avoid payment of the prevailing rate of wages or with the intent to mislead any investigation by any governmental authority authorized to enforce sections 4115.03 to 4115.16 of the Revised Code.

Last updated September 9, 2024 at 3:02 PM

History

Effective: June 3, 2004
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-21 Maintenance, preservation, and inspection of payroll records.

(A) Each contractor and subcontractor performing work on a public improvement shall keep, maintain for inspection, and preserve accurate payroll records in accordance with this chapter. If an employer performs both prevailing wage work and non-prevailing wage work, the records must be capable of being segregated. The employer may segregate such records on an hourly, daily, weekly, work shift, or project basis.

(B) The payroll records required to be kept by this rule shall contain all of the information contained in division (C) of section 4115.071 of the Revised Code and a chronological listing of all hours worked on all projects by each employee employed on the public improvement throughout the term of the public improvement.

(C) Any records maintained by contractors and subcontractors concerning wages paid each employee or the number of hours worked by each employee on a public improvement shall be made available for inspection by any authorized representative of the contracting public authority, including the project's prevailing wage coordinator and commerce, during normal working hours of business days.

(D) Such payroll records shall be preserved by the affected contractors and subcontractors for a period of at least one year following the completion of the public improvement for which the records were made.

(E) For the purpose of this rule, the word "preserved" means not destroyed and kept within the state of Ohio for one full year following the completion of the public improvement. The one-year time period is tolled upon any request by commerce to inspect such records or proceed with an investigation or litigation.

(F) The contractor or subcontractor shall, upon request, make available to the public authority, prevailing wage coordinator, commerce, or any other person with right of inspection, the address where the records are kept and the name and address of the person responsible for keeping and maintaining them. The contractor or subcontractor shall notify the above parties of any change and the records shall not be relocated without notification to the parties listed in this rule.

(G) Any right of inspection of records required by this rule is in addition to any other rights commerce may have to inspect records.

Last updated November 1, 2024 at 8:00 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-23 Investigation.

(A) A complaint may be filed with the director by any employee upon a public improvement or by any interested party. The complaints shall be in writing on a form furnished by the director and delivered to the "Ohio Department of Commerce, Division of Industrial Compliance, Bureau of Wage and Hour Administration, 6606 Tussing Rd., P.O. Box 4009, Reynoldsburg, OH 43068-9009."

(B) The complaint of an employee shall include sufficient evidence to demonstrate that the employee was paid less than the prevailing wage in violation of Chapter 4115. of the Revised Code.

(1) The names and business addresses of any contractors or employers against whom the complaint is made;

(2) Specific allegations, along with evidence supporting each allegation, describing each specific act or failure by the named contractors or employers that is claimed to be a violation of Chapter 4115. of the Revised Code. If an allegation is made on the basis of information and belief, the complaint shall state with particularity all facts on which that belief is formed; and

(3) The names and contact information of persons having personal knowledge of the facts alleged.

The director will not accept any complaint that fails to allege a specific violation of Chapter 4115. of the Revised Code, or that is not supported by sufficient evidence.

(D) Upon receipt of a complaint or upon the director's own motion, the director shall initiate an investigation of alleged violations of sections 4115.03 to 4115.16 of the Revised Code. Such investigation may include an audit of the records of any employer on the affected project. Audits shall be done at reasonable times during business hours. Prior notice is not required though usually will be given. No employer shall refuse an authorized agent of commerce admission to its premises for purposes of inspection. Inspection may cover any duplicate books, cancelled checks, and any other records pertaining to the affected project to the extent necessary to determine whether prevailing rates of wages have been paid on public improvement projects. The final decision regarding any audit will be made by the central staff of commerce and not by field auditors.

Last updated November 1, 2024 at 8:00 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-24 Hearings.

Except as provided in division (B) of section 4115.10 of the Revised Code, commerce, at the sole discretion of the director, may hold hearings in connection with any investigation. Any hearings held pursuant to section 4115.131 of the Revised Code shall be conducted in the manner set forth in section 119.12 of the Revised Code.

Last updated November 1, 2024 at 8:00 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-25 Procedure for hearings.

In the event hearings are held:

(A) The hearing shall be held in the county in which the violation is alleged to have occurred, in Franklin county, or in the county that is the situs of the project.

(B) Notice shall be given to the employer, the public authority, and all interested parties.

(D) The director shall send a copy of the decision to each interested party.

(E) The procedures of Chapter 119. of the Revised Code shall be used, unless such procedure would conflict with the procedures set forth in this chapter.

Last updated November 1, 2024 at 8:00 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-26 Subpoenas.

(A) In any investigation, the director or director's designee may administer oaths, take and cause to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses and the production of documents and testimony. Subpoenas, including subpoenas duces tecum, may be issued for sworn statements, depositions, and hearings. In addition, subpoenas may be issued in connection with a general investigatory request for production of documents. Subpoenas shall be issued according to the requirements of this rule.

(B) Subpoenas, including subpoenas duces tecum, that are issued for an administrative hearing shall be issued upon request of any party to said hearing or upon commerce's own initiative. Subpoenas, including subpoenas duces tecum, issued for such a hearing shall be issued by commerce in the manner required by section 119.09 of the Revised Code.

(C) Subpoenas, including subpoenas duces tecum, that are issued for a deposition sought in connection with an administrative hearing shall be issued upon request of any party to said hearing or upon the department's own initiative. Said subpoenas shall be issued by the department in that manner required by section 119.09 of the Revised Code.

(D) Subpoenas for a general investigatory request for production of documents may be issued by the director or the director's designee upon his or her own initiative. The director or the director's designee shall mail the subpoenas by certified mail, return receipt requested, not less than ten calendar days in advance of any date for compliance specified in such subpoena.

(E) Upon motion and for good cause shown, any subpoena issued pursuant to this rule may be quashed by the director. Motions to quash shall be in writing and shall be submitted prior to the sworn statement, deposition, hearing, or date of compliance specified in the general investigatory request for production of documents.

Last updated November 1, 2024 at 8:00 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-27 Satisfaction of claim.

(A) To satisfy a claim, the employer shall submit payment to commerce. Payments to be made to commerce in satisfaction of any claim shall be made out to "the Ohio department of commerce in trust for" the named employee. The employer should withhold all applicable federal, state, and local taxes and any other deductions required by law. Proof of such deduction shall be sent with each check. Installment payments shall not be made without the approval of the director and must be accompanied by sufficient guarantees for full payment. Each installment must provide separate checks in pro rata amounts for each employee owed.

(B) If an employer's underpayment to an employee is less than one thousand dollars as determined by the director, then such employer is not subject to any further proceedings under sections 4115.03 to 4115.16 of the Revised Code, so long as such employer makes full restitution to the affected employee for all wages determined to be owed. Such restitution must take place within a reasonable period of time following publication of the determination made by the director.

Last updated November 1, 2024 at 8:01 AM

History

Effective: November 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4101:9-4-28 Stop work orders.

Where an investigation by commerce discloses a failure to pay the prevailing rate of wages on an ongoing project, commerce may propose to issue an order halting work. Notice shall be given to the contractor or subcontractor and the sureties thereof. The notice may be issued by commerce stating therein the date for the hearing required by these rules and according to the procedure thereof. The notice may also be issued by the contracting public authority with a request to commerce to set such hearing. After the hearing as provided herein, commerce may order work halted under that part of the contract for which less than the prevailing wage has been paid. The order shall remain in force and effect until the defaulting contractor has filed a bond in the amount of such penal sum as commerce shall set conditioned upon payment of the prevailing rate of wages.

Last updated September 9, 2024 at 3:03 PM

History

Effective: June 3, 2004
Promulgated Under: 119.03

Ohio Administrative Code 4101:9 — Department of Commerce | Wage and Hour

Chapter 4101:9-1 Employment of the Handicapped

Ohio Adm.Code 4101:9-1-01 Applicability of rules.

Ohio Adm.Code 4101:9-1-02 Definitions.

Ohio Adm.Code 4101:9-1-03 Application for individual license.

Ohio Adm.Code 4101:9-1-04 Application for a sheltered workshop license and/or work activities center license.

Ohio Adm.Code 4101:9-1-05 Investigations and additional information.

Ohio Adm.Code 4101:9-1-06 Issuance of an individual license.

Ohio Adm.Code 4101:9-1-07 Terms of the individual license.

Ohio Adm.Code 4101:9-1-08 Renewal of licenses.

Ohio Adm.Code 4101:9-1-09 Review.

Ohio Adm.Code 4101:9-1-10 Cancellation of a license.

Ohio Adm.Code 4101:9-1-11 Amendment of rules.

Ohio Adm.Code 4101:9-1-13 Powers and duties of the director.

Chapter 4101:9-2 Employment of Minors in Occupations Hazardous or Detrimental to Health and Well-Being

Ohio Adm.Code 4101:9-2-01 Applicability of rules.

Ohio Adm.Code 4101:9-2-02 Prohibited occupations for minors under sixteen years of age.

Ohio Adm.Code 4101:9-2-02.1 Manufacturing and construction mentorship program.

Ohio Adm.Code 4101:9-2-02.2 Tools permitted for participants of the manufacturing and construction mentorship program.

Ohio Adm.Code 4101:9-2-03 Hazardous occupations in agriculture.

Ohio Adm.Code 4101:9-2-04 Occupations involving slaughtering, meat-packing or processing, or rendering.

Ohio Adm.Code 4101:9-2-05 Power-driven bakery machine occupations.

Ohio Adm.Code 4101:9-2-06 Occupations involved in the manufacture of brick, tile and kindred products.

Ohio Adm.Code 4101:9-2-07 Occupations involved in the manufacture of chemicals.

Ohio Adm.Code 4101:9-2-08 Manufacturing or storage occupations involving explosives.

Ohio Adm.Code 4101:9-2-09 Occupations involving exposure to radioactive substances and to ionizing radiations.

Ohio Adm.Code 4101:9-2-10 Power-driven paper-products machine occupations.

Ohio Adm.Code 4101:9-2-11 Power-driven metal forming, punching, and shearing machine operations.

Ohio Adm.Code 4101:9-2-12 Occupations involved in the operation of power-driven circular saws, band saws, and guillotine shears.

Ohio Adm.Code 4101:9-2-13 Power-driven woodworking machine occupations.

Ohio Adm.Code 4101:9-2-14 Coal mine occupations.

Ohio Adm.Code 4101:9-2-15 Occupations in connection with mining, other than coal.

Ohio Adm.Code 4101:9-2-16 Logging and sawmilling occupations.

Ohio Adm.Code 4101:9-2-17 Motor vehicle occupations.

Ohio Adm.Code 4101:9-2-18 Maritime and longshoreman occupations.

Ohio Adm.Code 4101:9-2-19 Railroad occupations.

Ohio Adm.Code 4101:9-2-20 Occupations in excavation operations.

Ohio Adm.Code 4101:9-2-21 Power-driven hoisting apparatus occupations.

Ohio Adm.Code 4101:9-2-22 Occupations in roofing operations.

Ohio Adm.Code 4101:9-2-23 Occupations involved in wrecking, demolition, and shipbreaking operations.

Chapter 4101:9-4 Prevailing Wage Regulations

Ohio Adm.Code 4101:9-4-02 Definitions.

Ohio Adm.Code 4101:9-4-07

Ohio Adm.Code 4101:9-4-03 Discharge of prevailing wage obligation.

Ohio Adm.Code 4101:9-4-04 Allowance of contributions to a fund, plan, or program.

Ohio Adm.Code 4101:9-4-05 Allowance of fringe benefits.

Ohio Adm.Code 4101:9-4-06 Calculation of credits.

Ohio Adm.Code 4101:9-4-08 Computation of overtime compensation.

Ohio Adm.Code 4101:9-4-09 Determination of wage rate schedule.

Ohio Adm.Code 4101:9-4-10 Procedure for requesting wage rate schedules.

Ohio Adm.Code 4101:9-4-12 Duty of public authority to appoint prevailing wage coordinator.

Ohio Adm.Code 4101:9-4-13 Duties of contractors.

Ohio Adm.Code 4101:9-4-14 Obligation of contracts.

Ohio Adm.Code 4101:9-4-15 Employees with multiple job functions.

Ohio Adm.Code 4101:9-4-16 Apprentices, serving laborers, assistants, helpers, and trainees.

Ohio Adm.Code 4101:9-4-17 Scope of project.

Ohio Adm.Code 4101:9-4-18 Construction by public authority with its own employees.

Ohio Adm.Code 4101:9-4-20 Payment.

Ohio Adm.Code 4101:9-4-21 Maintenance, preservation, and inspection of payroll records.

Ohio Adm.Code 4101:9-4-23 Investigation.

Ohio Adm.Code 4101:9-4-24 Hearings.

Ohio Adm.Code 4101:9-4-25 Procedure for hearings.

Ohio Adm.Code 4101:9-4-26 Subpoenas.

Ohio Adm.Code 4101:9-4-27 Satisfaction of claim.

Ohio Adm.Code 4101:9-4-28 Stop work orders.

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