Ohio Adm.Code 4167 | Ohio Administrative Code 4167 — Public Employment Risk Reduction Program

Chapter 4167-1 General Provisions

Ohio Adm.Code 4167-1-01 Definitions.

As used in this chapter:

(A) "Employment risk reduction standard," "Ohio employment risk reduction standard," "public employee," "public employee representative," "public employer," and "undue hardship" have the same meaning as defined in section 4167.01 of the Revised Code.

(B) "Act" means the public employment risk reduction act codified in Chapter 4167. of the Revised Code.

(D) "Amputation" means the traumatic loss of a limb or other external body part. Amputations include a part, such as a limb or appendage, which was severed, cut off, or amputated, whether completely or partially; fingertip amputations with or without bone loss; medical amputations resulting from irreparable damage; and amputations of body parts which were reattached. Amputations do not include avulsions, enucleations, deglovings, scalpings, severed ears, or broken or chipped teeth.

(E) "Business day" means any calendar day that is not a Saturday, Sunday, or a legal holiday as defined in section 1.14 of the Revised Code.

(F) "Compliance safety and health officer" or "compliance officer" means a representative of the division of safety and hygiene designated by the superintendent to conduct inspections under this chapter.

(G) "Compliance assistance" means activities and services that include, but are not limited to the following:

(1) Assistance on occupational safety and health issues by such means as telephone and correspondence;

(2) Assistance on an employer's occupational safety and health program and policies;

(3) An on-site employment risk reduction inspection that includes a written report to the employer on the findings and recommendations resulting from the visit; or

(4) Training and education needed to address hazards or potential hazards.

(H) "Days away, restricted, and/or transfer (DART) case incidence rate" means the number of recordable injuries and illness cases per one hundred full-time employees resulting in days away from work, restricted work activity, or job transfer that an applicant/participant has experienced in a given time frame.

(I) "Division" means the division of safety and hygiene.

(J) "Employment risk reduction inspection" means voluntary compliance assistance on an employer's occupational safety and health program and on specific workplace hazards through an on-site visit to an employer's worksite.

(K) "Establishment" means a single physical location where business is conducted or where services or industrial operations are performed.

(L) "Expected aggregate incidence rate" means the estimated average incidence rate that is within the limits of a ninety-five per cent confidence interval range as published by the public employment risk reduction program.

(M) "Hospitalization" means the admission to the inpatient service of a hospital or clinic for care or treatment of a public employee as the result of a work-related incident. Hospitalization does not include:

(1) Treatment in an emergency room or urgent care facility that does not result in admission to the inpatient service of a hospital or clinic; or

(2) Admission to the inpatient service of a hospital or clinic that occurs more than twenty-four hours after the work-related incident.

(N) "Imminent danger" means a condition or practice in any place of employment, where such a danger exists, which reasonably can be expected to cause death or serious physical harm, immediately or before the danger's imminence can be eliminated through the inspection procedures provided by section 4167.10 of the Revised Code.

(O) "Inspection" means a high-hazard emphasis public employment risk reduction program worksite inspection of a randomly selected public employer based on high-hazard activities. These inspections do not include refusal to work, fatality, hospitalization, complaint, amputation, and loss of an eye inspections and investigations.

(P) "Loss of an eye" means physical loss of an eye, including enucleation and evisceration.

(Q) "Minor violation" means a de minimis violation where an employer has implemented a measure different from one specified in an adopted standard, which has no direct or immediate relationship to safety or health.

(R) "Public employment risk reduction program enforcement investigation" means an inspection or investigation based upon the report of a public employee of a work-related fatality, refusal to work or imminent danger notification, or complaint of unsafe working conditions. Such visits may also include a public sector high-hazard emphasis inspection or investigations following the report of any incident resulting in an amputation, loss of an eye, or inpatient hospitalization of a public employee. "Public employment risk reduction program enforcement investigation" does not mean a voluntary compliance assistance inspection.

(S) "Safety partnership agreement" means a compliance assistance service that promotes voluntary compliance with this chapter as referenced in rule 4167-15-01 of the Administrative Code.

(T) "Signature" means a handwritten signature or an electronic signature as defined in division (H) of section 1306.01 of the Revised Code.

(U) "Superintendent" means superintendent of the division, or the superintendent's designee.

(V) "Total recordable case (TRC) incidence rate" means the total number of recordable injuries and illness cases per one hundred full-time employees that an applicant/participant has experienced in a given time frame.

Last updated February 2, 2026 at 8:02 AM

History

Effective: February 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4167-15-01

(A) The superintendent shall establish a policy and procedures for a safety partnership agreement (SPA) between the public employment risk reduction program (PERRP) and a participating public employer establishment that includes eligibility criteria for participation.

(B) The minimum eligibility criteria for an SPA are:

(1) The public employer establishment has an active workers' compensation policy and is current with respect to all payments due the bureau of workers' compensation, as defined in paragraph (A)(1)(b) of rule 4123-17-14 of the Administrative Code.

(2) The public employer establishment has an injury and illness history with both a TRC incidence rate and DART case incidence rate, as are defined in rule 4167-1-01 of the Administrative Code, that are less than the respective expected aggregate incidence rate for all Ohio public employment sectors.

(a) The calculations shall be based on the most recent three calendar year history of injuries and illnesses experienced by the public employer establishment.

(b) The calculated three-year TRC incidence rate and DART case incidence rates shall be below the upper limit of the ninety-five per cent confidence interval range of the most recent expected aggregate incidence rates for all Ohio public employment sectors published by PERRP.

(3) The public employer establishment shall establish and maintain a safety committee with both public employees and public employee representatives of the public employer establishment. A public employer establishment that employs five or fewer public employees is not required to have a safety committee.

(4) The public employer establishment shall not have any of the following:

(a) Open PERRP enforcement investigations, as defined in rule 4167-1-01 of the Administrative Code;

(b) Pending or open contested citations or notices under appeal at the time of application; or

(5) The public employer establishment shall agree to comprehensive employment risk reduction inspections that serve as a baseline safety and industrial hygiene analysis of the public employer establishment and for determining progress toward meeting the objectives of an SPA.

(C) A public employer establishment in a SPA will be exempted from any inspections that are initiated by the superintendent under paragraph (A)(1)(e) of rule 4167-8-01 of the Administrative Code.

(D) Nothing in an agreement shall limit a public employee's rights as provided in Chapter 4167. of the Revised Code.

Last updated February 2, 2026 at 8:03 AM

History

Effective: February 1, 2026
Promulgated Under: 119.03

Chapter 4167-2 Refusal to Work

Ohio Adm.Code 4167-2-01 Refusal to work.

(A) This rule is promulgated pursuant to division (A) of section 4167.06 of the Revised Code.

(B) A public employee acting in good faith has the right to refuse work under conditions that the public employee reasonably believes present an imminent danger to the public employee if all of the following conditions are met:

(1) The working conditions are not as normally exists, or reasonably might be expected to occur, in the normal and regular duties of the employee.

(2) There is insufficient time to eliminate the danger through the inspection and enforcement procedures provided by section 4167.10 of the Revised Code.

(3) The working conditions are such that a reasonable person would conclude an imminent danger exists.

(4) The public employee has requested that their immediate supervisor or other supervisory representative of the public employer correct the hazardous condition, but the supervisor or other supervisory representative declines to correct the hazardous condition.

A public employee who exercises his right to refuse work under this rule must notify the superintendent in a written statement, as soon as practical, of the working conditions under which the public employee has refused to work. A public employee may provide initial notice to the superintendent via telephone if the public employer declines to correct the hazardous working conditions.

(D) Inspection by superintendent.

Upon receipt of the notice, the superintendent will immediately contact the public employer and inform the employer of the notification. The superintendent will also inform the public employer that a compliance officer will immediately inspect the premises of the public employer, pursuant to rule 4167-8-01 of the Administrative Code. If, upon inspection, the superintendent finds any condition or practice which presents an imminent danger to a public employee, the superintendent will issue a "notice of imminent danger" pursuant to rule 4167-8-02 of the Administrative Code.

(E) Public employee rights.

A public employee who has refused in good faith to perform assigned tasks and who has not been reassigned to other tasks by the public employer shall, in addition to retaining a right to continued employment, receive full compensation for the tasks that would have been performed. If the public employer reassigns the public employee, the public employer shall pay the public employee's full compensation as if the public employee were not reassigned.

(F) Public employer rights.

A public employee who refuses to perform assigned tasks under paragraph (B) of this rule and fails to meet all of the conditions set forth in that paragraph for the refusal is subject to any disciplinary action provided by law or agreement between the public employer and public employee for a refusal to work, including, but not limited to, suspension, nonpayment of wages for the duration of the refusal to work, and discharge.

Last updated March 1, 2024 at 8:22 AM

History

Effective: March 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4167-8-01

(A) Authority for inspections and investigations.

(1) The superintendent will conduct inspections and investigations under the following circumstances:

(a) A request from a public employee or public employee representative pursuant to division (B)(1) of section 4167.10 of the Revised Code;

(b) A refusal to work notification pursuant to section 4167.06 of the Revised Code;

(d) A report of a work-related fatality, hospitalization, amputation, or loss of an eye;

(e) An inspection upon the superintendent's own initiative, pursuant to section 4167.10 of the Revised Code; and

(f) A request from a public employer for a compliance assistance employment risk reduction inspection.

(2) The superintendent will conduct all requested or required inspections within a reasonable amount of time following receipt of the request or the notification.

(B) The superintendent will determine which Ohio employment risk reduction standards apply when conducting inspections and investigations.

(1) The superintendent will enter without delay to inspect and investigate any plant, facility, establishment, construction site, area, workplace, or environment where work is being performed by a public employee of a public employer, and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein.

Delay of inspections includes, but is not limited to, harassment, intimidation, interference of access to premises or records, and refusal to admit the superintendent or his authorized representative upon presentation of official department identification, for the purpose of inspecting or investigating.

(2) Inspections will take place at such times and in such places as the superintendent may direct.

(a) The conduct of inspections will be such as to preclude unreasonable disruption of the operations of the employer's establishment.

(b) At the beginning of an inspection, compliance officers will present their credentials to the public employer or the public employer's agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate the scope of the inspection and the records they wish to review and other documents and records relevant to the inspection or investigation.

(i) Take environmental samples, take or obtain photographs or video related to the purpose of the inspection, and conduct tests and other studies reasonably calculated to serve the purposes of the inspection or investigation.

(a) As used in this rule, "take environmental samples" includes, but is not limited to, the use of devices to measure employee exposures and the attachment of personal sampling equipment such as dosimeters, pumps, badges, and other similar devices to employees to measure their exposures.

(b) In taking photographs and samples, compliance officers will take reasonable precautions to ensure that such actions with flash, spark-producing, or other equipment would not be hazardous. Compliance officers will comply with all safety and health rules and practices at the establishment being inspected, and they will wear and use appropriate protective clothing and equipment.

(ii) Provide public employee representatives the opportunity to accompany an inspection and to consult with the compliance officer regarding workplace safety, to interview public employees and public employee representatives in private, and to provide public employees and public employee representatives participation in a closing conference.

(iii) Question privately any public employer, administrator, department head, operator, agent, or public employee, and administer oaths and require, by subpoena, the attendance and testimony of witnesses and the production of evidence under oath.

(a) Witnesses will receive the same fees and mileage provided for witnesses in civil cases in the court of common pleas.

(b) In the case of contumacy, failure, or refusal of any person to comply with an order or any subpoena lawfully issued, or upon the refusal of any witness to testify to any matter regarding which they may lawfully be interrogated, a judge of the court of common pleas of any county in this state, on the application of the superintendent, shall issue an order requiring the person to appear and to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question. The court may punish any failure to obey the order of the court as a contempt thereof.

(d) At the conclusion of any inspection or investigation, the compliance officer will confer with the public employer or the public employer's representative, informally advising of any apparent safety or health violations disclosed by the inspection or investigation. During such conference, the public employer shall be afforded an opportunity to bring to the attention of the compliance officer any pertinent information regarding conditions in the workplace.

(e) All information obtained by the superintendent in connection with any inspection or investigation that is confidential or a trade secret may not be disclosed pursuant to rule 4167-10-01 of the Administrative Code.

(3) Fatality, hospitalization, amputation, and loss of an eye investigations.

In addition to following the requirements in paragraphs (C)(1) and (C)(2) of this rule, the superintendent will develop and implement policies and procedures to conduct investigations to obtain detailed information about fatalities, hospitalizations, amputations, and loss of an eye, within ten days of the incident or when reported to a manager, supervisor, or legal representative of the public employer, whichever is later. The investigation information will include, but is not limited to:

(a) Causes or factors;

(b) Test results;

(d) Witness statements;

(e) Follow-up actions; and

(f) Evaluations of work processes.

(4) Compliance assistance and employment risk reduction inspections.

(a) Any public employer may request the superintendent to provide compliance assistance and a voluntary employment risk reduction inspection of the public employer's place of employment.

(b) If hazards exist, an inspection report will be sent to the public employer that includes a corrective action report, and the public employer shall provide a response to the report by the assigned target date that verifies corrective action progress.

(c) To demonstrate necessary corrective action, a public employer may be required to submit periodic reports, permit a follow-up visit, or take similar action that ensures progress is verified.

(d) All necessary corrective action must be completed within an agreed upon time frame not to exceed three years.

(5) Neither the superintendent, nor any other person, may use any information obtained from the inspection for a period not to exceed three years in any proceeding for a violation of this chapter or any rule or order issued thereunder, nor in any other action in any court in this state.

Last updated February 17, 2026 at 8:01 AM

History

Effective: February 16, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4167-8-02

(A) If, during an inspection or investigation, the superintendent finds any condition or practice which presents an imminent danger to the safety and health of a public employee, the superintendent shall issue a "notice of imminent danger."

(1) The public employer shall immediately post the notice, or a clearly legible copy thereof, at or near each place the violation referenced in the notice exists or occurred.

(2) Citations shall be posted in areas accessible to public employees and public employee representatives but need not be posted in areas accessible to the public.

(3) A public employer shall seek the approval of the superintendent to post citations in locations other than those at the site of a violation.

(B) If, during an inspection or investigation, the superintendent finds any condition or practice in any place of employment that presents a substantial probability that the condition or practice could result in death or serious physical harm, after notifying the employer of the intent to issue an order, the superintendent will issue, after consultation with the administrator of workers' compensation and upon recommendation by the administrator, an order prohibiting the employment of any public employee or any continuing operation or process under such condition or practice until necessary steps are taken to correct or remove the condition or practice.

(1) The order will not be effective for more than fifteen days.

(2) To extend such an order, the superintendent will petition the court of common pleas to extend the order and to require corrective action by the employer.

(3) Any party may appeal to a court of common pleas any order of the superintendent under this rule within thirty days of the issuance of the order.

Last updated March 1, 2024 at 8:30 AM

History

Effective: March 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4167-2-02 Complaint by public employee.

(A) Any public employee or public employee representative who believes that a violation of an Ohio employment risk reduction standard exists that threatens physical harm may request an inspection by filing a written, complaint to the superintendent of the violation, which may be by electronic submission using the complaint form located on the bureau of workers' compensation's website.

(1) The complaint shall set forth with reasonable particularity the grounds for the complaint, and shall be signed by the public employee or public employee representative. The names of the public employee making the complaint, or any public employees referred to in the complaint, shall not appear in the notice sent to the public employer and shall be kept confidential.

(2) The complaint shall include:

(a) A description of the hazard to include, if applicable or possible, the date(s), time(s), location, and pieces of equipment involved; and

(b) The names of the public employee(s) or duties of the public employee(s) who are affected.

(B) If, upon receipt of a complaint under paragraph (A) of this rule, the superintendent determines that there are no reasonable grounds to believe that a violation or imminent danger exists, the superintendent will inform the public employee or public employee representative in writing of this determination.

(C) If, upon receipt of a complaint under paragraph (A) of this rule, the superintendent determines that there are reasonable grounds to believe that a violation or imminent danger exists, the superintendent will, within five business days after receipt of the complaint, notify the public employer, by certified mail, return receipt requested, of the alleged violation or imminent danger.

(1) The notice provided to the public employer or their agent will:

(a) Inform the public employer of the alleged violation or imminent danger; and

(b) Notify the employer that that the superintendent will investigate and inspect the public employer's workplace as provided in rule 4167-8-01 of the Administrative Code.

(2) The public employer must respond to the superintendent concerning the alleged violation or imminent danger within thirty days after receipt of the notice.

(a) If the public employer does not correct the violation or imminent danger within the thirty-day period or if the public employer fails to respond within that time period, the superintendent will investigate and inspect the public employer's workplace as provided in rule 4167-8-01 of the Administrative Code.

(b) The superintendent will not conduct any inspection prior to the end of the thirty-day period unless requested or permitted by the public employer.

(i) If the public employer requests such inspection, the superintendent will not issue a citation with respect to any findings during the inspection prior to the close of the thirty-day period during which the public employer is permitted to respond to the notice of alleged violation or imminent danger.

(ii) If the public employer successfully abates all violations or imminent dangers identified during the inspection prior to the close of the thirty-day period during which the public employer is permitted to respond to the notice of alleged violation or imminent danger, the superintendent will not issue a citation for the violations or imminent dangers alleged in the complaint.

(D) The authority of the superintendent to investigate and inspect premises pursuant to this rule is not limited to the alleged violation or imminent danger contained in the complaint.

(1) The superintendent may investigate and inspect any other area of the premises where there is reason to believe that a violation or imminent danger exists.

(2) If the superintendent detects any obvious or apparent violation at any temporary place of employment while en route to the premises to be inspected or investigated, and that violation presents a substantial probability that the condition or practice could result in death or serious physical harm, the superintendent may use any of the enforcement mechanisms provided in this section to correct or remove the condition or practice.

Last updated March 1, 2024 at 8:22 AM

History

Effective: March 1, 2024
Promulgated Under: 119.03

Chapter 4167-3 Adoption of Federal Standards; Ohio Specific Safety Standards

Ohio Adm.Code 4167-3-01 Employment risk reduction standards incorporated by reference.

Pursuant to section 4167.07 of the Revised Code, the following occupational safety and health standards promulgated by the United States secretary of labor are incorporated by reference as Ohio employment risk reduction standards:

(A) The "Occupational Safety and Health Act of 1970," 84 Stat. 1590, 29 U.C.S.A. 651 as amended.

(B) The Code of Federal Regulations, Title 29, Subtitle B, Chapter XVII, Part 1910 occupational safety and health standards Subpart C to and including Subpart T, and Subpart Z.

(C) The standards of Part 1926, Subpart C to and including Subpart X, with the exclusion of standards 29 CFR 1926.200(g)(2), and 1926.201(a).

(D) The Code of Federal Regulations, Title 29, Subtitle B, Chapter XVII, Part 1928 occupational safety and health standards.

(E) The superintendent shall determine the scope and application of all adopted Ohio employment risk reduction standards when conducting inspections and investigations.

Last updated September 3, 2026 at 9:54 AM

History

Effective: March 1, 2024
Promulgated Under: 111.15

Ohio Adm.Code 4167-3-02 Emergency temporary standards.

(A) An emergency temporary Ohio employment risk reduction standard will be issued if the superintendent finds both of the following:

(1) Public employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards; and

(2) The emergency temporary standard is necessary to protect employees from the danger.

(B) The emergency temporary standard shall take effect immediately upon publication in newspapers of general circulation in Cleveland, Columbus, Cincinnati, and Toledo.

(1) Such emergency temporary standard will be in effect no longer than fifteen days, unless the administrator approves the emergency temporary standard, in which case the emergency temporary standard will be in effect no longer than one hundred twenty days after issuance by the superintendent.

(2) The superintendent may renew an emergency temporary standard approved by the administrator for a time period not to exceed one hundred days if the conditions prompting the emergency temporary standard continue to exist.

(C) The administrator, with the advice and consent of the board of directors, will adopt a permanent Ohio public employment risk reduction standard to replace the emergency temporary standard on or before the final expiration date of the emergency temporary standard, if the conditions prompting the emergency temporary standard are expected to persist.

Last updated March 1, 2024 at 8:25 AM

History

Effective: March 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4167-3-03 Amending of existing standards.

(A) The administrator of workers' compensation, with the advice and consent of the bureau of workers' compensation board of directors, has the authority to amend Ohio employment risk reduction standards.

(B) The Ohio employment risk reduction standards are amended as referenced by:

(1) 29 CFR PART 1910 Occupational Safety and Health Standards.

(a) 1910 Subpart D - Walking-Working Surfaces [61 FR 9227, March 7, 1996; 81 FR 82981, Nov. 18, 2016; 84 FR 68794, Dec. 17, 2019]

(b) 1910 Subpart E - Means of Egress [61 FR 9227, March 7, 1996; FR 67961, Nov. 7, 2002; 76 FR 33606, June 8, 2011]

(c) 1910 Subpart F - Powered Platforms, Manlifts, and Vehicle-Mounted Work Platforms [61 FR 9227, March 7, 1996; 72 FR 7190, Feb. 14, 2007; 72 FR 71068, Dec. 14, 2007: 79 FR 37190, Jul. 1, 2014; 81 FR 82998, Nov. 18, 2016]

(d) 1910 Subpart G - Occupational Health and Environmental Control [61 FR 9236, Mar. 7, 1996; 61 FR 31427, June 20, 1996; 63 FR 1152, Jan. 8, 1998; 64 FR 13909, March 23, 1999; 71 FR 16672, April 3, 2006; 72 FR 71069, Dec. 14, 2007; 73 FR 75584, Dec. 12, 2008; 74 FR 46356, Sept. 9, 2009; 78 FR 35566, June 13, 2013]

(e) 1910 Subpart H - Hazardous Materials [59 FR 43268, Aug. 22, 1994; 61 FR 9227, March 7, 1996; 63 FR 1152, Jan. 8, 1998; 63 FR 33450, June 18, 1998; 64 FR 1309, March 23, 1999; 67 FR 67964, Nov. 7, 2002; 69 FR 31881, June 8, 2004; 70 FR 53929, Sept. 13, 2005; 72 FR 71069, Dec. 14, 2007; 74 FR 40447, August 11, 2009; 76 FR 75786, Dec. 5, 2011; 76 FR 80738, Dec. 27, 2011; 77 FR 17765, March 26, 2012; FR 78, Feb. 8, 2013]

(f) 1910 Subpart I - Personal Protective Equipment [61 FR 9227, March 7, 1996; 61 FR 19547, May 2, 1996; 63 FR 1152, Jan. 8, 1998; 68 FR 75780, Dec. 31, 2003; 69 FR 46993, August 4, 2004; 71 FR 16672, April 3, 2006; 71 FR 50187, August 24, 2006; 72 FR 64428, Nov. 15, 2007; 73 FR 75584, Dec. 12, 2008; 74 FR 46356, Sept. 9, 2009; 76 FR 33606, June 8, 2011; 77 FR 46949, Aug. 7, 2012; 79 FR 20629, July 10, 2014; 81 FR 16090, March 25, 2016; 81 FR 82999, Nov. 18, 2016; 2016; 84 FR 68794, Dec. 17, 2019]

(g) 1910 Subpart J - General Environmental Controls [61 FR 9227, March 7, 1996; 63 FR 33450, June 18, 1998; 63 FR 66038, Dec. 1, 1998; 64 FR 204, Jan. 4, 1999; 70 FR 1140, Jan. 5, 2005; 70 FR 53929, Sept. 13, 2005; 72 FR 71069, Dec. 14, 2007; 76 FR 24698, May 2, 2011; 76 FR 33607, June 8, 2011; 76 FR 80739, Dec. 27, 2011; 78 FR 35566, June 13, 2013]

(h) 1910 Subpart K - Medical and First Aid [61 FR 9227, March 7, 1996; 63 FR 33450, June 18, 1998; 70 FR 1141, Jan. 5, 2005; 76 FR 80739, Dec. 27, 2011]

(i) 1910 Subpart L - Fire Protection [61 FR 9227, March 7, 1996; 63 FR 1152, Jan. 8, 1998; 63 FR 33450, June 18, 1998; 67 FR 67964, Nov. 7, 2002; 73 FR 75584, Dec. 12, 2008]

(j) 1910 Subpart M - Compressed Gas and Compressed Air Equipment [61 FR 9227, March 7, 1996]

(k) 1910 Subpart N - Materials Handling and Storage [61 FR 9227, March 7, 1996; 63 FR 33450, June 18, 1998; 63 FR 66270, Dec. 1, 1998; 71 FR 16672, April 3, 2006; 76 24698, May 2, 2011; 76 FR 33607, June 8, 2011; 76 FR 80739, Dec. 27, 2011; 81 83005, Nov. 18, 2016]

(l) 1910 Subpart O - Machinery and Machine Guarding [61 FR 9227, March 7, 1996; 69 FR 31881, June 8, 2004; 76 FR 80739, Dec. 27, 2011; 77 FR 46949, Aug. 7, 2012; 78 FR 69549, Nov. 20, 2013]

(m) 1910 Subpart P - Hand and Portable Powered Tools and Other Hand-Held Equipment [61 FR 9227, March 7, 1996; 70 FR 53929, Sept. 13, 2005; 72 FR 71070, Dec. 14, 2007]

(n) 1910 Subpart Q - Welding, Cutting, and Brazing [61 FR 9227, March 7, 1996; 63 FR 1152, Jan. 8, 1998; 70 FR 53929, Sept. 13, 2005; 72 FR 71070, Dec. 14, 2007; 74 FR 46357, Sept. 9, 2009; 77 FR 17777, March 26, 2012]

(o) 1910 Subpart R - Special Industries [59 FR 40672, Aug. 9, 1994; 59 FR 51672, Oct. 12, 1994; 60 FR 7447, Feb. 8, 1995; 60 FR 40457, Aug. 9, 1995; 60 FR 47022, Sept. 8, 1995; 61 FR 9227, March 7, 1996; 61 FR 9577, March 8, 1996; 61 FR 31427, June 20, 1996; 63 FR 1152, Jan. 8, 1998; 63 FR 33450, June 18, 1998; 67 FR 67964, Nov. 7, 2002; 69 FR 31882, June 8, 2004; 70 FR 1141, Jan. 5, 2005; 70 FR 53929, Sept. 13, 2005; 71 FR 16673, April 3, 2006; 72 FR 71070, Dec. 14, 2007; 76 FR 80739, Dec. 27, 2011; 78 FR 35566, June 13, 2013; 79 FR 20633, July 10, 2014; 79 FR 56960, September 24, 2014; 80 FR 60036, October 5, 2015; 81 83005, Nov. 18, 2016; 84 FR 68794, Dec. 17, 2019; 85 FR 8746, Feb 18, 2020]

(p) 1910 Subpart S - Electrical [55 FR 32015, Aug. 6, 1990; 55 FR 46054, Nov. 1, 1990; 59 FR 4475, Jan. 31, 1994; 71 FR 7190, Feb. 14, 2007; 73 FR 64205, Oct. 29, 2008; 79 FR 20692, July 10, 2014; 80 FR 60039, October 5, 2015]

(q) 1910 Subpart T - Commercial Diving Operations [58 FR 35310, June 30, 1993; 61 FR 9227, March 7, 1996; 69 FR 7363, Feb. 17, 2004; 71 FR 16673, April 3, 2006; 76 FR 33607, June 8, 2011; 76 FR 80740, Dec. 27, 2011]

(r) 1910 Subpart Z - Toxic and Hazardous Substances [59 FR 36695, July 19, 1994; 59 FR 40964, Aug. 10, 1994; 59 FR 65947, Dec. 22, 1994; 60 FR 9624, Feb. 21, 1995; 60 FR 33343, June 28, 1995; 60 FR 52856, Oct. 11, 1995; 61 FR 9227, March 7, 1996; 61 FR 31427, June 20, 1996; 61 FR 43454, August, 23, 1996; 61 FR 56746, Nov. 4, 1996; 62 FR 1493, Jan. 10, 1997; 62 FR 42018, Aug. 4, 1997; 62 FR 42666, Aug. 8, 1997; 62 FR 48175, Sept. 15, 1997; 62 FR 54383, Oct. 20, 1997; 62 FR 66275, Dec. 18, 1997; 63 FR 1152, Jan. 8, 1998; 63 FR 33450, June 18, 1998; 63 FR 50729, Sept. 22, 1998; 66 FR 5324 Jan. 18, 2001; 67 FR 67965, Nov. 7, 2002; 70 FR 1141, Jan. 5, 2005; 71 FR 10373, Feb. 28, 2006; 71 FR 50188, August 24, 2006; 71 FR 63242, Oct. 30, 2006; 73 FR 75584, Dec. 12, 2008; 75 FR 12686, March 17, 2010; 76 FR 33607, June 8, 2011; 76 FR 80740, Dec. 27, 2011; 77 FR 19934, April 3, 2012; 77 FR 17778, March 26, 2012; 78 FR 4325, Jan. 22, 2013; 81 FR 16861, March 25, 2016; 82 FR 2735, Jan. 9, 2017; 83 FR 19948, May 7, 2018; 84 FR 21458, May 14, 2019; 85 FR 8746, Feb 18, 2020; 85 FR 42582, July 14, 2020; 85 FR 42625, Sep 14, 2020; 89 FR 44144, May 20, 2024; 91 FR 562, Jan. 8, 2026; 91 FR 1695, Jan. 15, 2026; 91 FR 6760, Feb. 13, 2026]

(2) 29 CFR PART 1926 Safety and Health Regulations for Construction.

(a) 1926 Subpart C - General Safety and Health Provisions [61 FR 9227, March 7, 1996; 61 FR 31427, June 20, 1996; 63 FR 33450, June 18, 1998; 73 FR 75588, Dec. 12, 2008; 75 FR 48133, Aug. 9, 2010; 80 FR 25518, May 4, 2015; 85 FR 8746, Feb 18, 2020]

(b) 1926 Subpart D - Occupational Health and Environmental Controls [59 FR 36695, July 19, 1994; 59 FR 43268, Aug. 22, 1994; 59 FR 65947, Dec. 22, 1994; 61 FR 9227, March 7, 1996; 61 FR 31427, June 20, 1996; 62 FR 1493, Jan. 10, 1997; 63 FR 1152, Jan. 8, 1998; 63 FR 33450, June 18, 1998; 70 FR 1143, Jan. 5, 2005; 71 FR 16674, April 3, 2006; 71 FR 50191, August 24, 2006; 73 FR 75588, Dec. 12, 2008; 76 FR 33611, June 8, 2011; 76 FR 80740, Dec. 27, 2011; 77 FR 17889, March 26, 2012; 78 FR 9315, Feb. 8, 2013; 81 FR 16875, March 25, 2016; 81 FR 60273, September 1, 2016; 82 FR 2750, Jan. 9, 2017; 85 FR 8746, Feb 18, 2020]

(c) 1926 Subpart E - Personal Protective and Life Saving Equipment [59 FR 40672, Aug. 9, 1994; 60 FR 39254, Aug. 2, 1995; 61 FR 9227, March 7, 1996; 61 FR 31427, June 20, 1996; 63 FR 1152, Jan. 8, 1998; 72 FR 64429, Nov. 15, 2007; 77 FR 37600, June 22, 2012; 79 FR 20693, July 10, 2014; 81 FR 16092, March 25, 2016; 89 FR 100321, December 12, 2024]

(d) 1926 Subpart F - Fire Protection and Prevention [61 FR 31427, June 20, 1996; 63 FR 33450, June 18, 1998; 77 FR 17890, March 26, 2012]

(e) 1926 Subpart G - Signs, Signals, and Barricades [67 FR 18112, April 15, 2002; 67 FR 57736, Sept. 12, 2002; 78 FR 35567, June 13, 2013; 78 FR 66642, November 6, 2013; 84 FR 21577, May 14, 2019]

(f) 1926 Subpart H - Materials Handling, Storage, Use, and Disposal [59 FR 40729, Aug. 9, 1994; 76 FR 33611, June 8, 2011; 77 FR 23118, April 18, 2012]

(g) 1926 Subpart I - Tools - Hand and Power [61 FR 9227, March 7, 1996; 69 FR 31882, June 8, 2004]

(h) 1926 Subpart J - Welding and Cutting

(i) 1926 Subpart K - Electrical [61 FR 9227, March 7, 1996; 61 FR 41738, August 12, 1996; 85 FR 8746, Feb 18, 2020]

(j) 1926 Subpart L - Scaffolds [58 FR 35310, June 30, 1993; 61 FR 46025, Aug. 30, 1996; 61 FR 59831, Nov. 25, 1996; 75 FR 78133, Aug. 9, 2010; 77 FR 46950, Aug. 7, 2012; 85 FR 8746, Feb 18, 2020]

(k) 1926 Subpart M - Fall Protection [59 FR 40730, Aug. 9, 1994; 60 FR 5131, Jan. 26, 1995; 60 FR 39254, Aug. 2, 1995; 66 FR 5265, Jan. 18, 2001; 75 FR 48133, Aug. 9, 2010; 79 FR 20696, July 10, 2014]

(l) 1926 Subpart N - Helicopters, Hoists, Elevators, and Conveyors [59 FR 40730, Aug. 9, 1994; 75 FR 48134, Aug. 9, 2010; 85 FR 8746, Feb 18, 2020]

(m) 1926 Subpart O - Motor Vehicles, Mechanized Equipment, and Marine Operations [63 FR 66274, Dec. 1, 1998; 75 FR 48134, Aug. 9, 2010]

(n) 1926 Subpart P - Excavations [59 FR 40730, Aug. 9, 1994]

(o) 1926 Subpart Q - Concrete and Masonry Construction [59 FR 40730, Aug. 9, 1994]

(p) 1926 Subpart R - Steel Erection [59 FR 40730, Aug. 9, 1994; 66 FR 5265, Jan. 18, 2001; 71 FR 2885, Jan. 18, 2006; 71 FR 16674, April 3, 2006; 73 FR 75589, Dec. 12, 2008; 75 FR 48134, Aug. 9, 2010; 85 FR 8746, Feb 18, 2020]

(q) 1926 Subpart S - Underground Construction, Caissons, Cofferdams, and Compressed Air [63 FR 1152, Jan. 8, 1998; 75 FR 48135, Aug. 9, 2010; 77 FR 49728, Aug. 17, 2012; 78 FR 23841, April 23, 2013]

(r) 1926 Subpart T - Demolition [75 FR 48135, Aug. 9, 2010; 77 FR 49730, Aug. 17, 2012; 78 FR 23843, April 23, 2013]

(s) 1926 Subpart U - Blasting and the Use of Explosives [63 FR 33450, June 18, 1998]

(t) 1926 Subpart V - Electric Power Transmission and Distribution [59 FR 40730, Aug. 9, 1994; 75 FR 48135, Aug. 9, 2010; 78 FR 32116, May 29, 2013; 79 FR 20696, July 10, 2014; 79 FR 56962, September 24, 2014; 80 FR 25518, May 4, 2015; 80 FR 60040, October 5, 2015; 85 FR 8746, Feb 18, 2020]

(u) 1926 Subpart W - Rollover Protective Structures; Overhead Protection [61 FR 9227, March 7, 1996; 70 FR 76985, Dec. 29, 2005; 71 FR 41129, July 20, 2006; 84 FR 21577, May 14, 2019]

(v) 1926 Subpart X - Stairways and Ladders [75 FR 48135, Aug. 9, 2010; 79 FR 20743, July 10, 2014]

(w) 1926 Subpart Y - Commercial Diving Operations [58 FR 35184, June 30, 1993; 61 FR 9227, March 7, 1996; 61 FR 31427, June 20, 1996; 71 FR 16675, April 3, 2006]

(x) 1926 Subpart Z - Toxic and Hazardous Substances [59 FR 40964, Aug. 10, 1994; 60 FR 9624, Feb. 21, 1995; 60 FR 33343, June 28, 1995; 60 FR 50411, Sept. 29, 1995; 61 FR 9227, March 7, 1996; 61 FR 31427, June 20, 1996; 61 FR 43454, August 23, 1996; 61 FR 56746, Nov. 4, 1996; 62 FR 1493, Jan. 10, 1997; 63 FR 1152, Jan. 8, 1998; 63 FR 35138, June 29, 1998; 70 FR 1143, Jan. 5, 2005; 71 FR 16675, April 3, 2006; 71 FR 50191, August 24, 2006; 73 FR 75589, Dec. 12, 2008; 75 FR 12686, March 17, 2010; 76 FR 33612, June 8, 2011; 77 FR 17894, March 26, 2012; 78 FR 9315, Feb. 8, 2013; 81 FR 16875, March 25, 2016; 82 FR 2751, Jan. 9, 2017; 84 FR 21597, May 14, 2019; 85 FR 53910, August 31, 2020, 86 FR 11120, Feb. 24, 2021]

(y) 1926 Subpart AA - Confined Spaces in Construction [75 FR 48135, Aug. 9, 2010; 80 FR 25518, May 4, 2015]

(z) 1926 Subpart CC - Cranes and Derricks in Construction [75 FR 48135, Aug. 9, 2010; 78 FR 32116, May 29, 2013; 79 FR 20743, July 10, 2014; 79 FR 57798, September 26, 2014; 82 FR 51997, November 9, 2017; 83 FR 56198, November 9, 2018; 85 FR 57109, September 15, 2020]

(3) 29 CFR Part 1928 Occupational Safety and Health Standards for Agriculture

(a) 1928 Subpart C - Employee operating instruction [70 FR 77003 to 77009, Dec. 29, 2005; 71 FR 41146, July 20, 2006]

(b) 1928 Subpart D - Safety for Agricultural Equipment

(d) 1928 Subpart M - Occupational Health [61 FR 9227, March 7, 1996]

Last updated April 9, 2026 at 7:32 AM

History

Effective: April 9, 2026
Promulgated Under: 111.15

Ohio Adm.Code 4167-3-05 Ohio specific safety standards.

(A) Radiation standards.

(1) Ionizing radiation: Any use of ionizing radiation is to comply with the standards for protection against radiation promulgated by the United States nuclear regulatory commission set forth in 10 C.F.R. 20. For purposes of this section, radiation includes alpha particles, beta particles, gamma rays, x-rays, neutrons, high speed electrons, high speed protons, and other atomic particles, but does not include sound or radio waves, visible light, infrared light, or ultraviolet light.

(2) Nonionizing radiation:

Any use of nonionizing radiation, specifically electromagnetic radiation, is to comply with the most recent recommended standards of the American conference of governmental industrial hygienists (ACGIH) consensus occupational exposure safety standards for nonionizing radiation (NIR) and fields (threshold limit values (TLVs)) and biological exposure indices (BEIs) for chemical substances and physical agents, including the following spectrums of radiation: radiofrequency (RF) and microwave (MW); sub-radiofrequency (SRF), thirty kHz and below; static electric and magnetic fields (EMF); and laser.

(B) Traffic control standards.

Any use of traffic control devices by a public employer must comply with the manual of uniform traffic control devices promulgated by the Ohio department of transportation pursuant to section 4511.09 of the Revised Code.

Last updated February 2, 2026 at 8:02 AM

History

Effective: February 1, 2026
Promulgated Under: 119.03

Chapter 4167-4 Notification to Employees

Ohio Adm.Code 4167-4-01 Notice to public employees.

(A) Each public employer shall post and keep posted, in accordance with paragraph (B) or (C) of this rule, or both, all notices informing public employees of the protections and obligations provided under the act. The superintendent will post a list of all required notices, and the form of those notices, on the bureau of workers' compensation's website.

(B) Notices may be posted by the public employer in each establishment operated by the public employer in a conspicuous place where notices to public employees are customarily posted. Each public employer shall take steps to ensure that such notices are not altered, defaced, or covered by other material.

(1) Where distinctly separate operations of the public employer are performed at a single physical location, each distinct separate operation shall be treated as a separate establishment for purposes of this rule. Distinct separate operations include, but are not limited to, multiple agencies of a public employer located within a single building.

(2) Where public employees are engaged in activities that are not ordinarily conducted in an establishment of the public employer, the required notices will be posted at the location to which public employees report each day.

(3) Where public employees do not report to a physical location, the public employer will provide such public employees individual copies of all notices subject to paragraph (A) of this rule on an annual basis.

(C) Notices may be posted by the public employer on the internet in a manner that is accessible to the public employer's employees.

Last updated November 5, 2025 at 9:13 AM

History

Effective: November 1, 2025
Promulgated Under: 119.03

Chapter 4167-5 Abatement; Undue Hardship

Ohio Adm.Code 4167-5-01 Abatement dates.

(A) In establishing the time limits in which a public employer must abate a violation under this chapter, the superintendent will consider the following:

(1) The costs to the public employer;

(2) The size and financial resources of the public employer;

(3) The severity of the violation;

(4) The technological feasibility of the public employer's ability to comply with requirements of the citation;

(5) The possible present and future detriment to the health and safety of any public employee for failure of the public employer to comply with requirements of the citation; and

(6) Other factors as the superintendent determines appropriate.

(B) After considering the factors in paragraph (A) of this rule, the superintendent will fix the abatement period to be the shortest interval within which the public employer can reasonably be expected to correct the violation, but not more than two years. The abatement date will be set forth in the citation as a specific date, not a number of days.

(C) Where the superintendent determines appropriate, the superintendent may grant a one-year extension to the abatement period.

Last updated March 1, 2024 at 8:26 AM

History

Effective: March 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4167-5-02 Petition for a modification of abatement date.

(A) A public employer may file a petition for modification of abatement date when the public employer has made a good faith effort to comply with the abatement requirements of a citation, but such abatement has not been completed because of factors beyond the public employer's control.

(B) A petition for modification of abatement date shall be in writing and include the following information:

(1) All steps taken by the employer, and the dates of such action, in an effort to achieve compliance during the prescribed abatement period.

(2) The specific additional abatement time necessary in order to achieve compliance.

(3) The reasons additional time is necessary, including, but not limited to, the following reasons, with supporting documentation:

(a) The unavailability of professional or technical personnel;

(b) The unavailability of materials and equipment; or

(4) All available interim steps taken to safeguard the public employees against the cited hazard during the abatement period.

(5) A verification that a copy of the petition has been posted, and if appropriate, served on the public employee representative of affected public employees, in accordance with paragraph (C)(1) of this rule and a verification of the date upon which such posting and service was made.

(C) A petition for modification of abatement date shall be filed with the superintendent no later than the close of the next business day following the date on which abatement was originally required. If a petition for modification of abatement date is filed with the superintendent after the close of the next business day following the date on which abatement was originally required, the petition shall be accompanied by the employer's statement of exceptional circumstances explaining the delay.

(1) A copy of such petition shall be posted in a conspicuous place where all affected public employees shall have notice thereof or near such location where the violation occurred. The petition shall remain posted for a period of fourteen calendar days. Where affected public employees are represented by an authorized representative, the authorized representative shall be served with a copy of such petition.

(2) Affected public employees or their authorized representatives may file an objection in writing to such petition with the superintendent. Failure to file such objection within fourteen calendar days of the date of posting of such petition or of service upon an authorized representative, whichever is later, shall waive any further right to object to said petition.

(3) The superintendent will have the authority to approve any petition for modification of abatement date filed pursuant to the rule. The superintendent will not exercise approval power until the objection period pursuant to paragraph (C)(2) of this rule has expired

(D) When any petition is objected to by the superintendent, affected public employees, or their authorized representative, the petition, citation, and any objections will be forwarded to a hearing officer within three business days after the expiration of the objection period pursuant to paragraph (C)(2) of this rule.

(E) Hearings and appeals will be conducted in accordance with rule 4167-14-02 of the Administrative Code.

Last updated March 1, 2024 at 8:27 AM

History

Effective: March 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4167-14-02

(A) Definitions.

For purposes of this rule:

(1) "Affected party" means any public employer, public employee, or public employee representative affected by an order, rule or Ohio employment risk reduction standard proposed, adopted, or otherwise issued pursuant to this chapter.

(2) "Program action" means the proposal, adoption, or issuance of the order, rule, or standard under this chapter.

(B) Request of hearing from the superintendent.

Any affected party may request, within fourteen calendar days of a program action, a hearing from the superintendent.

(1) The superintendent shall appoint a hearing officer within fourteen calendar days of the receipt of the request.

(2) The hearing officer shall hold a hearing within fourteen calendar days of appointment. The hearing will be held in conformance with the procedures outlined in section 119.09 of the Revised Code.

(a) Continuances may be ordered by the hearing officer on the superintendent's own motion, or may be granted by the hearing officer on motion or application of any party filed in writing and showing good and sufficient cause for the continuance.

(b) The parties may, by stipulations filed in writing with the hearing officer or orally presented at the hearing, agree on any facts involved in the proceedings, but the hearing officer may thereafter require development of any fact necessary to a proper determination of a controversy.

(3) The hearing officer shall render a decision within fourteen calendar days of the hearing.

(4) The hearing officer's decision shall be a final order after thirty days, unless:

(a) Within thirty days, the adversely impacted party appeals the decision to the superintendent pursuant to paragraph (C) of this rule; or

(b) The superintendent, on the superintendent's own motion, modifies or reverses the decision within thirty days which shall be a final order after thirty days of issuance if the superintendent's decision has not been appealed pursuant to paragraph (D) of this rule.

A public employer, public employee, or public employee representative may appeal the decision of the hearing officer to the superintendent pursuant to Chapter 119. of the Revised Code, provided that the appeal is made within thirty days of the receipt of the hearing officer's decision.

(1) The superintendent will review the record of the hearing and issue a determination within thirty days of receipt of the appeal of the hearing officer's decision.

(2) The superintendent's determination shall be a final order after thirty days of issuance if it has not been appealed pursuant to paragraph (D) of this rule.

(D) Appeal of superintendent's determination to court.

An affected party that has received a determination by the superintendent under paragraph (B)(4)(b) or paragraph (C)(1) of this rule may, within thirty calendar days of issuance of the determination, appeal to the court of common pleas of Franklin county or the court of common pleas of the county in which the alleged violation occurred, pursuant to section 4167.16 of the Revised Code.

Last updated March 1, 2024 at 8:32 AM

History

Effective: March 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4167-5-03 Undue hardship.

(A) In the event that a rule or order issued by the superintendent would cause undue hardship upon a public employer, the public employer may request an exclusion from such a rule or order.

(B) The superintendent will not grant any undue hardship exclusion request that is:

(1) Requesting exclusion from an order issued in conjunction with a finding of imminent danger under rule 4167-8-02 of the Administrative Code; or

(2) Made on behalf of a group of public employers.

(C) An exclusion request on the basis of an undue hardship may be granted by the superintendent when a rule or order issued under this chapter would require a public employer to act with significant difficulty or expense when considered in light of, but not limited to, the following factors:

(1) The nature and cost of the action required by a rule or an order issued under this chapter;

(2) The overall financial resources of the public employer;

(3) The number of persons employed by the public employer at the particular location where the action may be required;

(4) The effect on expenses and resources or the impact otherwise of the action ordered upon the operations of the public employer at the location where the action is ordered;

(5) The overall size of the public employer with respect to the number of its public employees;

(6) The number, type, and location of the public employer's operations, including the composition, structure, and functions of the work force of the public employer; and

(7) The geographic separateness, administrative relationship, or fiscal relationship of the public employer's operations to the whole public employer.

(D) A public employer's undue hardship exclusion request must be in writing and include the following information:

(1) The name and address of the public employer;

(2) The name, title, and telephone number of a contact person for the public employer in regard to the undue hardship exclusion request;

(3) The address of the place or places of employment involved with the undue hardship exclusion request;

(4) A clear and specific statement as to the order, standard, or regulation for which the undue hardship exclusion is requested;

(5) A statement that the undue hardship exclusion request does not involve an order, regulation or action which is required to prevent imminent danger or death or serious harm to a public employee;

(6) A statement by the public employer, supported by statements from qualified persons with firsthand knowledge of facts represented, that the public employer is unable to comply with the order, standard, or regulation due to an undue hardship for the factors outlined in paragraph (C) of this rule;

(7) A statement of the steps the public employer has taken and will take, with specific dates, to comply with the order, standard, or regulation for which the undue hardship exclusion is requested; and

(8) A certification that the public employer has informed its public employees of the undue hardship exclusion request, with a description of how its public employees have been notified of the undue hardship exclusion request, by taking one or more of the following steps:

(a) Providing a copy of the undue hardship exclusion request to the public employee representatives, if any; or

(b) Posting at a location or locations where notices to public employees are normally posted, a summary of the undue hardship exclusion request, and the summary shall include the means by which a complete copy of the undue hardship exclusion request may be examined.

(E) The superintendent may request any additional information from a public employer that is required to make a decision on an undue hardship exclusion request.

(F) An undue hardship exclusion will be granted only if the superintendent finds, upon weighing the factors of paragraph (C) of this rule, such undue hardship exclusion is appropriate and the requirements of paragraph (D) of this rule are met.

(G) If one or more of the factors have changed since the initial grant of the undue hardship exclusion, the superintendent will review the changed circumstances to determine if the undue hardship exclusion will remain in effect.

Last updated March 1, 2024 at 8:27 AM

History

Effective: March 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4167-8-02

(1) The public employer shall immediately post the notice, or a clearly legible copy thereof, at or near each place the violation referenced in the notice exists or occurred.

(2) Citations shall be posted in areas accessible to public employees and public employee representatives but need not be posted in areas accessible to the public.

(3) A public employer shall seek the approval of the superintendent to post citations in locations other than those at the site of a violation.

(1) The order will not be effective for more than fifteen days.

(2) To extend such an order, the superintendent will petition the court of common pleas to extend the order and to require corrective action by the employer.

(3) Any party may appeal to a court of common pleas any order of the superintendent under this rule within thirty days of the issuance of the order.

Last updated March 1, 2024 at 8:30 AM

History

Effective: March 1, 2024
Promulgated Under: 119.03

Chapter 4167-6 Recording and Reporting Injury and Illness

Ohio Adm.Code 4167-6-01 Recording and reporting occupational injuries and illnesses.

(A) Each public employer shall maintain records and make reports to the superintendent in accordance with this rule.

(1) All records and reports shall be maintained and submitted on forms prescribed by the superintendent, or equivalent records that meet the following requirements, as determined by the superintendent. The records must:

(a) Contain the same information contained on the form prescribed by the superintendent;

(b) Be as readable and comprehensible as the form prescribed by the superintendent; and

(2) Records shall be maintained on a calendar year basis.

(3) The superintendent may issue a citation for failure to comply with this rule.

(4) If a false statement or misrepresentation of these records is knowingly given, or if records are knowingly concealed from the administrator of workers' compensation, the administrator may seek an injunction, restraining order, or any other appropriate relief against the public employer pursuant to section 4167.17 of the Revised Code.

(B) Records retention and access to records.

(1) All records and reports required under this chapter shall be retained by the public employer for five years at the establishment following the end of the year to which they relate.

(2) Each public employer shall make any records required under this rule available to the superintendent upon the superintendent's request.

(3) The log and summary of all recordable occupational injuries and illnesses required under paragraph (C) of this rule shall be made available by the public employer to any public employee, former public employee, or public employee representatives for examination and copying at reasonable times.

(1) Each public employer shall maintain, for each establishment, a separate log and summary of all work-related injuries and illnesses for that establishment.

(2) Each recordable injury and illness must be entered on the log and summary as early as practicable but no later than seven calendar days after receiving information that a recordable injury or illness has occurred.

(D) Injury and illness report.

In addition to the log and summary of work-related injuries and illnesses required under paragraph (C) of this rule, each public employer shall have available for inspection at each establishment within seven calendar days after receiving information that a recordable accident case has occurred, an injury and illness report for each occupational injury or illness associated with that establishment.

(E) Annual summary.

(1) Each annual summary shall include the public employer's policy number.

(2) An annual summary for each establishment of the public employer shall be submitted to the public employment risk reduction program by February first for the previous calendar year. The annual summary shall be submitted in a manner prescribed by the superintendent. A public employer with five or fewer public employees that has had no recordable injuries is exempted from this submission.

(3) The highest ranking authority for each public employer, or the highest ranking management official at the public employer's establishment, shall certify that the annual summary of occupational injuries and illnesses is true and complete.

(4) Each public employer shall post a copy of each establishment's annual summary at each establishment from February first through April thirtieth of the year after the year to which the annual summary pertains. The annual summary must be posted in the same manner that notices are required to be posted under rule 4167-4-01 of the Administrative Code.

(F) Bureau of labor statistics, United States department of labor.

A public employer who receives a "Survey of Occupational Injuries and Illnesses" form from the bureau of labor statistics (BLS), United States department of labor or a BLS designee, shall promptly complete and return the survey following the instructions contained on the survey form.

Last updated February 2, 2026 at 8:03 AM

History

Effective: February 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 4167-4-01

(C) Notices may be posted by the public employer on the internet in a manner that is accessible to the public employer's employees.

Last updated November 5, 2025 at 9:13 AM

History

Effective: November 1, 2025
Promulgated Under: 119.03

Ohio Adm.Code 4167-6-09 Records for substances required to be monitored or measured.

(A) Each public employer shall maintain accurate records of public employee exposure to potentially toxic materials, carcinogenic materials, and harmful physical agents that are to be monitored or measured under any Ohio public employment risk reduction standard.

(B) Each affected public employee or public employee representative shall have the opportunity to observe and participate in any monitoring or measuring of such regulated exposures.

(C) An affected public employee or public employee representative may undertake their own monitoring or measuring of such regulated exposures.

(D) A public employer who monitors or measures a regulated exposure shall provide access to those records, upon request of an affected current or former public employee or a public employee representative, regarding the individual public employee's exposure. A public employee or public employee representative who monitors or measures a regulated exposure shall also provide access to those records on request of the public employer or affected current or former public employees.

Last updated March 1, 2024 at 8:28 AM

History

Effective: March 1, 2024
Promulgated Under: 119.03

Ohio Adm.Code 4167-6-10 Reporting fatalities, hospitalization, amputations, and loss of an eye as a result of work-related incidents.

(A) Within eight hours after the death of any public employee from a work-related incident, the public employer of any affected public employees shall orally report the incident to the superintendent at the phone number indicated on the notices required under rule 4167-4-01 of the Administrative Code or by electronic submission using the appropriate form located on the bureau of workers' compensation website.

(B) The public employer shall report any of the following within twenty-four hours of a work-related incident to the superintendent at the phone number indicated on the notices required under rule 4167-4-01 of the Administrative Code or by electronic submission using the appropriate form located on the public employer risk reduction program website:

(1) The hospitalization of one or more public employees;

(2) A public employee's amputation; or

(3) A public employee's loss of an eye.

(C) If the public employer does not learn of a reportable incident at the time it occurs, the public employer shall make an initial report within eight hours of the time the incident is reported to any manager, supervisor, or legal representative of the public employer.

(D) Each initial report required by this rule shall provide the following information:

(1) Establishment name,

(2) Location of the incident,

(3) Time of the incident,

(4) Number of fatalities, hospitalizations, and injuries involving public employees,

(5) Contact person and phone number for the public employer, and

(6) A brief description of the incident.

(E) The superintendent will develop and implement policies and procedures to conduct inspections and investigations of reported incidents pursuant to rule 4167-8-01 of the Administrative Code.

Last updated February 2, 2026 at 8:03 AM

History

Effective: February 1, 2026
Promulgated Under: 119.03