reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-71 - Health Benefit Fund › Section 123:1-71-04 - Actuarial evaluation of the fund

Current through all regulations passed and filed through July 1, 2024
Every year, the director 
								will have
				prepared, by an accredited actuary familiar with life and health insurance, a
				report showing a complete actuarial evaluation of the fund,  the adequacy
				of the rates of contribution and reserves, and
								such
				recommendations as the actuary considers advisable. The director may at any
				time request the actuary to conduct studies or evaluations to determine the
				adequacy of the rates of contribution. Such rates may be adjusted by the
				director, as recommended by the actuary, to be effective as of the first of any
				fiscal year thereafter.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-71 - Health Benefit Fund › Section 123:1-71-05 - Ensuring the integrity of the fund

Current through all regulations passed and filed through July 1, 2024
(A) The director  files annually,
			 by the first day of March, a complete report of the state employee health
			 benefit fund for the preceding fiscal year with the governor, the general
			 assembly, and the superintendent of insurance.  The report
			 
								will
			 include, but not be limited to, the following information:
(1)
									A detailed
			 financial statement of the fund;
(2)
									Expenses incurred
			 pursuant to section
			 124.87
			 of the Revised Code so that the cost of the fund can be determined and
			 identified;
(3) Assets and
			 liabilities;
(4) Income and
			 expenditures;
(5) Benefits paid and
			 reserves established for losses incurred but not yet paid, including potential
			 losses and unreported losses;
(6) Costs of any other
			 kind of insurance obtained to cover potential losses or provide supplemental
			 benefits;
(7) Direct and indirect
			 costs attributable to the use of outside consultants, independent contractors,
			 and any other persons who are not state employees;
(8) The cost of
			 developing, monitoring, and evaluating cost containment plans as required by
			 the department of administrative services and the savings derived from those
			 plans. The financial information required by this rule
			 
									will be
			 certified by an independent certified public accountant or independent public
			 accountant who, by reason of knowledge and experience, is especially qualified
			 in insurance accounting; such accountant 
									will be
			 selected by the director of administrative services;
(9) The actuarial
			 report for the preceding fiscal year and any other studies or evaluations
			 prepared in the preceding year pursuant to this chapter;
(10) A
			 description of the benefits provided by the fund and the number of state
			 employees covered under the state employee health benefit fund;
(11)
			 The rights of state employees who terminate their employment and the extent of
			 benefits or coverage thereafter available to those persons and their
			 dependents; and
(12) Any other
			 information which is relevant in order to make full, fair, and effective
			 disclosure of the operations of the state employee health benefit
			 fund.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-72 - Disability Leave Benefits › Section 123:1-72-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
For purposes of Chapter 123:1-72 of the
				Administrative Code:
(A)
								 "Benefits" means the payment of disability leave
			 benefits covered under a program established by the director of administrative
			 services.
(B)
								 "Contributions" means amounts contributed by the state
			 or from federal funds, amounts contributed by any state appointing authority,
			 and income derived from dividends, interest earned, rate adjustments, interim
			 and final settlement amounts, and other refunds.
(C)
								 "Administrator"
			 means a company, authorized to do the business of sickness and accident
			 insurance under Title XXXIX of the Revised Code, or professional claim
			 administrator with which the director has contracted to administer the
			 disability leave benefits program pursuant to section
			 124.83 of the Revised
			 Code.
(D)
								 "State employee disability leave benefit fund" means a
			 fund established by the director of administrative services pursuant to
			 sections 124.83 and
			 124.87 of the Revised Code to
			 provide state employees with benefits equivalent to those that may be paid
			 under a policy or contract of insurance as specified in section
			 124.385 of the Revised
			 Code.
(E)
								 "Professional claim administrator" means any person
			 with experience in the handling of disability insurance claims and determined
			 by the director to be fully qualified, financially sound, and capable of
			 meeting all of the service requirements of the contract or administration under
			 such criteria as may be established by the director.
(F)
								 "Director" means
			 the director of administrative services.
Replaces: 125-2-01
Five Year Review (FYR) Dates:
				05/15/2017 and
				05/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.83
Prior
				Effective Dates: 3/18/82, 2/4/96,
				8/26/12
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-72 - Disability Leave Benefits › Section 123:1-72-03 - Eligibility and contribution procedures

Current through all regulations passed and filed through July 1, 2024
(A) All eligible permanent employees in
			 active pay status whose salary or wage is paid directly by warrant of the
			 director of budget and management 
								will be eligible for disability leave benefits as
			 established in Chapter 123:1-33 of the Administrative Code.
(B) All or any portion of the cost, premium
			 or charges for the benefits provided by the state employee disability leave
			 benefit fund 
								will be paid by the state. The director may establish
			 a premium contribution rate based on a percent of each appointing authority's
			 payroll of eligible employees. The director may also consider previous
			 withdrawals from the fund by appointing authorities in determining each
			 appointing authority's premium contribution rate.
(C) The director  determines
			 eligibility of all employees for disability leave benefits and the termination
			 of disability leave benefits.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-72 - Disability Leave Benefits › Section 123:1-72-04 - Actuarial evaluation of the fund

Current through all regulations passed and filed through July 1, 2024
Every year, the director 
								will have
				prepared, by an accredited actuary familiar with disability insurance, a report
				showing a complete actuarial evaluation of the fund,
								the adequacy
				of the rates of contribution and reserves, and
								 such
				recommendations as the actuary considers advisable. The director may at any
				time request the actuary to conduct studies or evaluations to determine the
				adequacy of the rates of contribution. Such rates may be adjusted by the
				director, as recommended by the actuary, to be effective as of the first of any
				fiscal year thereafter.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-01 - Drug-free workplace definitions of terms

Current through all regulations passed and filed through July 1, 2024
For purposes of the drug-free workplace services
				program:
(A) "Abuse" means:
(1) Any use of an illegal drug;
(2) Intentional misuse of any
			 over-the-counter drug in cases where such misuse impairs job
			 performance;
(3) Use of any
			 prescription drug in a manner inconsistent with its prescription, or under
			 circumstances where use is not permitted;
(4) The use of recommended medical marijuana
			 in a manner inconsistent with a medical purpose, or under circumstances where
			 use is not permitted;
(5) The use of
			 any restricted substance under circumstances where use is not
			 permitted;
(6) Use of alcohol where
			 such use impairs job performance; and
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-02 - Purpose and responsibility

Current through all regulations passed and filed through July 1, 2024
The administrator of the drug-free workplace services program
				shall plan for, implement, administer, coordinate and evaluate Ohio's drug-free
				workplace policy, including any testing and education programs developed for
				state employees, and shall administer and coordinate Ohio's compliance with
				provisions of the federal Drug-Free Workplace Act of 1988, the Omnibus
				Transportation Employee Testing Act of 1991, and any other federal or state
				laws or regulations requiring substance abuse testing.
Five Year Review (FYR) Dates:
				6/1/2018 and
				01/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09,
				124.34
Prior
				Effective Dates: 06/14/1992, 11/10/1996,
				07/26/2002
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-03 - Alcohol testing techniques and methods

Current through all regulations passed and filed through July 1, 2024
(A) All procedures and protocols for
			 collection and testing of an employee's breath for alcohol shall conform to the
			 methods and procedures set forth in federal regulations, governing collective
			 bargaining agreements or, in the absence of such regulations or agreements, by
			 the director of the department of administrative services. The threshold
			 concentration level for a positive test will be that established by federal
			 regulations, governing collective bargaining agreements or, in the absence of
			 such regulations or agreements, by the director of the department of
			 administrative services.
(B) Test
			 results shall be reported to the agency head, or a person officially designated
			 by the agency head to receive information for the agency, within twenty-four
			 hours of the receipt of the result by the drug-free workplace services program.
(C) The agency head, or a person
			 officially designated by the agency head to provide such information, shall
			 provide to the department of administrative services' drug-free workplace
			 program a monthly statistical summary of all alcohol breath testing information
			 including the number of employees tested and the results of that testing. This
			 information shall be forwarded no later than fourteen calendar days after the
			 end of the month covered by the summary.
Five Year Review (FYR) Dates:
				6/1/2018 and
				01/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09.
				124.34
Prior
				Effective Dates: 06/14/1992, 06/26/1994,
				07/26/2002
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-04 - Drug testing techniques and methods

Current through all regulations passed and filed through July 1, 2024
(A) The initial drug testing protocol for
			 state employees and applicants for state employment shall use an assay
			 technique which meets federal department of health and human services
			 requirements. Drug classes and cutoff levels be those established by the
			 federal department of health and human services
(B) Initial test methodology and test levels
			 for other drugs shall be added to the testing protocol as deemed necessary by
			 the director of the department of administrative services or as required by
			 federal law.
Five Year Review (FYR) Dates:
				6/1/2018 and
				01/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09.
				124.34
Prior
				Effective Dates: 06/14/1992,
				11/10/1996
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-05 - Collection and handling of specimens

Current through all regulations passed and filed through July 1, 2024
(A) The individual to be tested shall be
			 instructed to report to the collection site as soon as possible after the
			 testing order is given, but no later than thirty-two hours, or as required by
			 federal law.
(B) The collection
			 site person shall request the individual to present photo identification or
			 other confirming identification. If identity cannot be established, the
			 collection site person shall not proceed with the collection.
(C) The individual shall be asked to remove
			 any garments which might conceal substances/items which could be used to tamper
			 with or adulterate the urine specimen.
(D) The individual shall be instructed to
			 wash and dry his/her hands prior to urination and shall not have access to any
			 water or other materials which could adulterate the urine specimen.
(E) The individual shall provide the specimen
			 in the privacy of a stall or a partitioned area that allows for individual
			 privacy.
(F) The collection site
			 person shall receive the specimen measure its temperature and color and
			 visually inspect for contaminants.
(G) The specimen shall be sealed and labeled
			 in the presence of both the individual and the collection site person. The
			 labels shall contain the date, the individual's specimen number and any other
			 identifying information provided or required by the department of
			 administrative services.
(H) The
			 individual tested shall initial the I.D. label on the specimen certifying that
			 it is the specimen collected from him/her.
(I) The collection site person shall enter
			 into the record book all information identifying the specimen and shall sign
			 the book.
(J) The individual
			 tested shall sign the statement in the record book certifying that the specimen
			 is, in fact, the specimen he/she provided.
(K) The collection site person shall complete
			 the chain of custody form and ship the specimen to the testing laboratory in a
			 sealed, secure container.
(L) The
			 laboratory shall use the chain of custody procedures to maintain control and
			 accountability of all specimens from receipt through completion of testing. The
			 date and purpose shall be documented on an appropriate chain of custody form
			 each time a specimen is handled and transferred.
(M) Laboratory personnel shall inspect each
			 specimen package for evidence of tampering, etc.
(N) Specimens shall be tested by grouping
			 them into batches, with each batch containing an appropriate number of
			 standards for calibrating the instrumentation and a minimum of ten percent
			 controls or as stipulated by federal department of health and human services
			 regulations and guidelines.
Five Year Review (FYR) Dates:
				6/1/2018 and
				01/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09,
				124.34
Prior
				Effective Dates: 06/14/1992, 11/10/1996,
				07/26/2002
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-06 - Confirmatory testing

Current through all regulations passed and filed through July 1, 2024
(A) All specimens identified as positive on
			 the initial test shall be confirmed using gas chromatography/mass spectrometry
			 (GC/MS) techniques or any other procedure(s) required by federal law.
The cutoff levels shall be those established by the federal
				department of health and human services.
Confirmatory test methods and testing levels for other drugs
				meeting certification criteria of the federal department of health and human
				services shall be added to the testing protocol as deemed necessary by the
				director of the department of administrative services or as required by federal
				law.
Five Year Review (FYR) Dates:
				6/1/2018 and
				01/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09,
				124.34
Prior
				Effective Dates: 06/14/1992,
				11/10/1996
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-07 - Reporting of test results

Current through all regulations passed and filed through July 1, 2024
(A) The laboratory shall report test results
			 to the agency head or the person designated by the agency head to receive test
			 results. All test results shall be certified as accurate by the responsible
			 person at the laboratory. Results may not be transmitted by telephone, but
			 transmission by other electronic means (computer, teleprinter or facsimile)
			 shall be permissible. All specimens which test negative on the initial test or
			 negative on the confirmatory test shall be reported as negative. Only specimens
			 confirmed positive shall be reported positive for a specific drug or drugs.
(B) The medical review officer
			 may, at his/her discretion, request that the laboratory provide quantitation of
			 test results. The medical review officer will not normally report quantitation
			 of test results, but will only report whether the test was positive or negative
			 unless prior written approval to provide other information is authorized by
			 federal regulations or, if none apply, by the director of the department of
			 administrative services.
(C) Each
			 agency shall provide to the administrator of the drug-free workplace services
			 program a statistical summary of drug testing information, and any other
			 documentation pertaining to the testing process upon request or as required by
			 federal law.
Five Year Review (FYR) Dates:
				6/1/2018 and
				01/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09,
				124.34
Prior
				Effective Dates: 06/14/1992, 11/10/1996,
				07/26/2002
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-08 - Records and specimen retention

Current through all regulations passed and filed through July 1, 2024
(A) All records pertaining to a given alcohol
			 or drug test shall be maintained as required by federal law.
(B) All positive urine specimens shall be
			 retained in frozen storage as required by federal law to permit any authorized
			 retest.
Five Year Review (FYR) Dates:
				6/1/2018 and
				01/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09,
				124.34
Prior
				Effective Dates: 06/14/1992,
				11/10/1996
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-09 - Applicant testing

Current through all regulations passed and filed through July 1, 2024
(A) Every vacancy announcement for testing
			 designated positions for the state service shall state:
"All final applicants tentatively selected for this position
				will be required to submit to urinalysis to test for illegal drug use prior to
				appointments. An applicant with a positive test shall not be offered
				employment."
(B) Each
			 applicant shall be notified that appointment to the position will be contingent
			 upon a negative test result. Failure of the vacancy announcement to contain
			 this statement shall not preclude applicant testing if advance written notice
			 is provided applicants in some other manner.
(C) The agency drug program coordinator or
			 other designated agency person shall direct applicants to the appropriate
			 collection site. The test must be undertaken as soon after notification as
			 possible, and no later than thirty-two hours after notice to the
			 applicant.
(D) Applicants shall be
			 advised of the opportunity to offer an explanation or submit medical
			 documentation of legally prescribed medications or a
			 recommendation for medical marijuana which may explain a positive test
			 result to the medical review officer. Such information will be reviewed only by
			 the medical review officer in his/her determination of the validity of a
			 positive confirmatory test result.
(E) Any agency of state government shall
			 decline to extend a final offer of employment to any applicant with a verified
			 positive test result and such applicant will not be reconsidered for state
			 employment for a period of one year.
Effective: 11/9/2018
Five Year
				Review (FYR) Dates: 6/1/2018 and
				01/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09,
				124.34
Prior
				Effective Dates: 06/14/1992,
				07/26/2002
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-11 - Finding of employee drug use and disciplinary consequences

Current through all regulations passed and filed through July 1, 2024
(A) An employee may
			 be found to use illegal drugs on the basis of any appropriate evidence
			 including, but not limited to:
(1) Direct
			 observation;
(2) Evidence obtained
			 from a workplace-related arrest or criminal conviction;
(3) A verified positive test result;
			 or,
(4) An employee's voluntary
			 admission.
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-12 - Disciplinary action; federal drug-free workplace act of 1988

Current through all regulations passed and filed through July 1, 2024
As required by the Federal Drug-Free workplace Act of 1988,
				each employee in an agency receiving federal grant funds shall be required to
				notify his/her agency head or the agency head's designee, within five calendar
				days after he/she is convicted of a violation of any federal or state criminal
				drug statute, provided such conviction occurred at the workplace or any
				location where the employee is working at the time of the incident which led to
				the conviction. Each agency shall be required to notify any federal agency with
				which it has a contract or grant, within ten calendar days after receiving
				notice from the employee, of the fact of such conviction. Any employee's
				failure to report such a conviction will subject such employee to disciplinary
				action, up to and including termination. An agency head or his/her designee may
				send the employee to the employee assistance program for referral and
				treatment, or may take appropriate personnel action against such an employee,
				up to and including termination. Whatever the case, such action shall be taken
				within thirty calendar days of the employer's notification of the employee's
				conviction.
Five Year Review (FYR) Dates:
				6/1/2018 and
				01/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09,
				124.34
Prior
				Effective Dates: 06/14/1992
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-13 - Appeal of drug test results

Current through all regulations passed and filed through July 1, 2024
(A) Employees who have a positive drug test
			 result may ask for a retest of the original specimen according to procedures
			 and specifications of applicable federal regulations, or in the absence of such
			 regulations, any governing collective bargaining agreement or, in the absence
			 of such agreement, according to procedures and specifications of the director
			 of the department of administrative services. The laboratory performing such a
			 retest shall be certified by the federal department of health and human
			 services.
(B) Any such retest
			 shall be at the expense of the employee.
(C) An employee request for a retest shall
			 not delay the imposition of appropriate disciplinary action or referral to an
			 alcohol and/or drug abuse rehabilitation program.
Five Year Review (FYR) Dates:
				6/1/2018 and
				01/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09,
				124.34
Prior
				Effective Dates: 06/14/1992,
				07/26/2002
Ohio Administrative Code › Title 123:1 - Division of Human Resources › Chapter 123:1-76 - Drug-Free Workplace Program › Section 123:1-76-14 - Drug-free workplace training/education

Current through all regulations passed and filed through July 1, 2024
(A) The administrator of the drug-free
			 workplace services program shall provide, or arrange to have provided,
			 information and training programs concerning the impact of alcohol and other
			 drug abuse on job performance, as well as information concerning the employee
			 assistance program and any other resources available for employee assistance in
			 dealing with a substance abuse program.
(B) All bargaining unit and new employees
			 within bargaining units shall be furnished a copy of the state's drug-free
			 workplace policy and drug testing procedures as specified by their respective
			 collective bargaining agreements or as required by federal law.
(C) All other employees subject to the state
			 drug-free workplace policy and drug testing procedures shall be furnished a
			 copy of such document and such procedures as required by the director of the
			 department of administrative services or as required by federal law.
(D) The drug-free workplace services program
			 shall develop and implement, or arrange to have implemented, a training and
			 education program for supervisors and managers to provide knowledge and skills
			 essential for their recognizing and addressing alcohol and other drug abuse
			 among agency employees and to facilitate their participation in the
			 implementation and administration of drug testing and other drug-free workplace
			 programs within the agency in which they work.
(E) Each agency shall be required to document
			 to the administrator of the drug-free workplace services program that it has
			 distributed copies of the Drug-Free Workplace Policy, including any drug
			 testing procedures stipulated by collective bargaining agreements and agency
			 rules deriving from such agreements, to all employees. All employees shall sign
			 an acknowledgment that they have read and understand the policy and work rules
			 pertaining to it. This acknowledgement shall be kept in the employees' file.
			 Agencies shall review the policy annually with employees and distribute the
			 policy and applicable work rules to all new employees within thirty calendar
			 days of their initial employment by the state, or within the time specified by
			 the applicable collective bargaining agreement.
Five Year Review (FYR) Dates:
				6/1/2018 and
				01/15/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 124.09
Rule
				Amplifies: 124.09,
				124.34
Prior
				Effective Dates: 06/14/1992,
				11/10/1996
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-1 - Duties › Section 123:2-1-01 - Compliance officers

Current through all regulations passed and filed through July 1, 2024
(A) The head of each contracting agency shall
			 designate a compliance officer to monitor and secure contractors' and
			 subcontractors' compliance pursuant to the rules and regulations as set forth
			 in Chapters 123:2-3 through 123:2-9 of the Administrative Code. The Director of
			 administrative services shall issue further guidelines to the compliance
			 officers of the contracting agencies. Such guidelines shall include
			 instructions regarding compliance officers' use of conference, conciliation,
			 mediation, and persuasion to aid contractors and subcontractors in
			 accomplishing the objectives of the rules and regulations set forth in Chapters
			 123:2-3 through 123:2-9 of the Administrative Code. The Director may also, upon
			 request or at the Director's discretion, issue procedural guidelines to
			 contractors, subcontractors, and state agencies.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-3 - Affirmative Action Programs › Section 123:2-3-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
The following definitions shall apply:
(A) "Contractor" means any person,
			 partnership, corporation or association that has been awarded a public works
			 contract.
(B) "Subcontractor"
			 means any person who undertakes to construct, alter, erect, improve, repair,
			 demolish, remove, dig or drill any part of any public improvement under a
			 contract with any person other than the public authority.
(C) "Contract" means, unless otherwise
			 indicated, any contract awarded by a contract authority for the construction,
			 engineering, alteration or repair of any public building, public highway or
			 other public work.
(D) "Employees"
			 means any persons on the contractor's or subcontractor's payroll for any
			 payroll period.
(E)
			 "Underutilization" means employment of fewer minorities and/or women in a
			 particular trade than reasonably expected given the availability of minorities
			 and women.
(F) "Bid response"
			 means all documents, whether attached or incorporated by reference, supplied by
			 the bidder in response to an invitation to bid.
(G) "Affirmative action program" means a set
			 of specific and result oriented procedures to which a contractor and/or
			 subcontractor shall apply every good faith effort. It should include efforts
			 required to remedy all effects of present and past discriminatory patterns and
			 practices. The objective of these procedures and efforts is to assure equal
			 employment opportunity for all people.
(H) "Minority" means the following
			 economically disadvantaged groups: Negroes, Spanish sur-named Americans,
			 Orientals, and American Indians.
(I) "Utilization work hours" means the
			 percentage of work hours performed by minorities or women in proportion to the
			 contractor's total work hours for the contractor's total workforce.
(J) "Responsive contractor" means a
			 contractor whose proposal responds to the bid specifications in all material
			 respects and contains no irregularities or deviations from the specifications
			 which would affect the amount of the bid or otherwise provide the contractor
			 with a competitive advantage.
(K)
			 "Responsible contractor" means a contractor whose financial condition,
			 experience, conduct and performance on previous contracts, facilities and
			 management skills support the contractor's ability to execute the contract
			 properly.
(L) "Invitation to bid"
			 means all documents, whether attached or incorporated by reference, utilized
			 for soliciting bids.
(M) "Good
			 faith effort" means affirmative action measures designed to implement the
			 established objectives of an affirmative action program. Determination of "good
			 faith effort" may be based in part upon the contractor's or subcontractor's
			 practices regarding hiring, promotion, demotion or transfer, recruitment,
			 layoff or termination, and rates of compensation.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-3 - Affirmative Action Programs › Section 123:2-3-03 - Implementation of affirmative action programs

Current through all regulations passed and filed through July 1, 2024
(A) Contractors' and subcontractors' ratio of
			 utilization work hours shall remain substantially uniform for all jobs and
			 trades, during the performance of the state contract.
(B) Contractors and subcontractors are
			 prohibited from transferring minority and/or women employees from contractor to
			 contractor for the sole purpose of meeting the contractor's or the
			 subcontractor's utilization work hour goals.
(C) Contractors and subcontractors must keep
			 all records and file all reports, including minority and women utilization work
			 hour reports, as required by the director of administrative services.
(D) Contractors and subcontractors
			 are prohibited from using an affirmative action program to discriminate against
			 any person on account of race, color, religion, sex or national origin.
(E) A contractor's or
			 subcontractor's failure to adopt the state's affirmative action program or
			 submit an acceptable affirmative action program shall result in the contractor
			 or subcontractor being found to be not responsive.
(F) A contractor's or subcontractor's failure
			 to submit monthly utilization work hour reports shall be a basis for invoking
			 any of the sanctions set forth in rule
			 123:2-7-01
			 of the Administrative Code.
(G)
			 This rule is applicable to the implementation of all affirmative action
			 programs.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-3 - Affirmative Action Programs › Section 123:2-3-04 - Development and accomplishment of affirmative action programs

Current through all regulations passed and filed through July 1, 2024
(A) A contractor or
			 subcontractor may develop an acceptable affirmative action program by either of
			 the following methods:
(1) Contractors or
			 subcontractors may develop their own affirmative action programs including the
			 contractor's or subcontractor's own minority utilization work hour goals. The
			 development of the utilization work hour goals shall include an analysis of all
			 trades employed by the contractor and/or subcontractor within the last year, an
			 explanation of problem areas inherent in minority employment and an evaluation
			 of minority underutilization in all trades. To determine where minorities are
			 underutilized in any trade, the contractor or subcontractor shall consider the
			 following factors:
(a) The minority
			 population of the labor area surrounding contractor or subcontractor job sites.
(b) The minority employment rate
			 in the labor area surrounding contractor or subcontractor job sites.
(c) The percentage of the minority workforce
			 in the immediate labor area.
(d)
			 The general availability of minorities in the immediate labor area.
(e) The availability of minorities in an area
			 from which the contractor or subcontractor can reasonably recruit.
(f) The availability of promotable minorities
			 within the contractor's or subcontractor's workforce.
(g) The anticipated expansion, reduction and
			 turnover of the contractor's or subcontractor's workforce.
(h) The existence and proximity of qualified
			 training institutions.
(i) The
			 degree of training the contractor or subcontractor is reasonably able to
			 provide to make all job classes available to minorities.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-3 - Affirmative Action Programs › Section 123:2-3-05 - Required utilization analysis and goals

Current through all regulations passed and filed through July 1, 2024
(A) Each state-involved contractor shall
			 include in his/her affirmative action program the information and analysis
			 required pursuant to part IV 401-C of appendix A of rule
			 123:2-1-01 of
			 the Administrative Code, in addition to female utilization requirements
			 pursuant to the governor's "Executive Order 84-9" and this rule.
(B) As required by the governor's "Executive
			 Order 84-9," the utilization of women shall be, at a minimum, that currently in
			 use by the federal government as of February 15, 1984. This requirement stated
			 at 41 C.F.R. part 60-4 is 6.9 per cent utilization of women. This requirement
			 shall remain at 6.9 per cent unless further amended by the governor in a
			 subsequent order. This requirement shall be met by a determination of workhours
			 utilized in the same manner as minority utilization hours are calculated.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-3 - Affirmative Action Programs › Section 123:2-3-06 - Certification of labor union employment policies and practices

Current through all regulations passed and filed through July 1, 2024
Contractors and subcontractors shall submit with the their
				affirmative action programs a certification,from an authorized agent of all
				labor unions with which the contractor or subcontractor exchanges referrals for
				job applicants, stating that the union's employment policies and practices do
				not discriminate based upon race, color, religion, sex, or national origin.
				Where the contractor or subcontractor is unable to provide such certification,
				the contractor or subcontractor shall certify that fact and set forth what
				efforts were made to secure a statement and the reasons given by the labor
				union for failing to provide the statement.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-3 - Affirmative Action Programs › Section 123:2-3-07 - Review of affirmative action programs

Current through all regulations passed and filed through July 1, 2024
(A) The contracting agency's compliance
			 officer shall determine a contractor or subcontractor to be not responsive,
			 where the contractor or subcontractor fails to adopt the state's affirmative
			 action program or submit an acceptable affirmative action program. Notice of
			 the compliance officer's determination must be forwarded to the contractor or
			 subcontractor and the contracting agency's contract award office.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-5 - Compliance Reviews › Section 123:2-5-01 - Pre-award compliance review

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of a pre-award compliance
			 review is determine if a contractor or subcontractor maintains
			 nondiscriminatory employment practices, maintains an affirmative action program
			 and is exerting good faith efforts to accomplish the goals of the affirmative
			 action program. It shall consist of a comprehensive analysis of the
			 contractor's or subcontractor's employment policies and practices, including
			 but not limited to, hiring, placement, training and promotion.
(B) The contracting agency may conduct a
			 pre-award compliance review when authorized by the director of administrative
			 services. Notice of a pre-award compliance review shall be included in the
			 invitation to bid. Where the contract is negotiated, notice of the pre-award
			 compliance review must be provided at the beginning of negotiations.
(C) A pre-award compliance review may include
			 an abbreviated review of the contractor's or subcontractor's employment and
			 affirmative action records and an immediate on-site review, when time
			 constraints for contract award mandate. Notwithstanding the foregoing, a
			 pre-award compliance review must be conducted in conformity with the
			 requirements of a post-award compliance review.
(D) Contractors or subcontractors must submit
			 the information required for review of the contractor's or subcontractor's
			 employment and affirmative action practices no later than ten business days
			 after receipt of the contracting agency's request. Contractors and/or
			 subcontractors may be found to be not responsive for failing to respond to the
			 request for records.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-5 - Compliance Reviews › Section 123:2-5-02 - Post-award compliance review

Current through all regulations passed and filed through July 1, 2024
(A) The purpose of a post-award compliance
			 review is to determine if a contractor or subcontractor maintains
			 nondiscriminatory employment practices and is exerting good faith efforts to
			 accomplish the goals of an affirmative action program. It shall consist of a
			 comprehensive analysis of the contractor's or subcontractor's employment
			 policies and practices, including but not limited to, hiring, placement,
			 training and promotion.
(B) When
			 authorized by the director of administrative services, the contracting agency
			 may conduct a post-award compliance review of the contractor or subcontractor.
			 Post-award compliance reviews shall include evaluation of the contractor's or
			 subcontractor's employment and affirmative action records and existing state
			 and non-state project sites. The contractor or subcontractor shall provide at
			 the agency's request all records and support data pertaining to the
			 contractor's or subcontractor's employment and affirmative action practices.The
			 compliance officer of the contracting agency may request additional information
			 from the contractor or subcontractor. On-site evaluations must be scheduled at
			 a time agreeable to both the contracting agency and the contractor or
			 subcontractor.
(C) Notice of a
			 post-award compliance review shall be provided in writing at least ten business
			 days before such review.
(D)
			 Corrective action programs shall remain the sole property of the contractor or
			 subcontractor.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-5 - Compliance Reviews › Section 123:2-5-03 - Post-review report

Current through all regulations passed and filed through July 1, 2024
Within ten business days of the compliance review, the
				compliance officer of the contracting agency shall submit to the director of
				administrative services a post-review report of the deficiencies, if any, found
				in the contractor's or subcontractor's employment and affirmative action
				practices.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-5 - Compliance Reviews › Section 123:2-5-04 - Conciliation agreement

Current through all regulations passed and filed through July 1, 2024
(A) Upon completion of the compliance review,
			 a meeting shall be scheduled with the contractor or subcontractor to review the
			 findings of the compliance review and to initiate any necessary conciliation
			 efforts. A written account of the discussion and any conciliation agreement
			 shall be provided to the contractor or subcontractor.
(B) Where the contractor or subcontractor
			 disagrees with the findings of the compliance review or is unable to comply
			 with the conciliation agreement, further meetings shall be scheduled at the
			 request of the contractor or subcontractor. The contracting agency shall notify
			 the director of administrative services of all attempts for conciliation,
			 including scheduled meetings.
(C)
			 A conciliation agreement shall include the contractor's or subcontractor's
			 specific commitment, in writing, to correct any deficiencies found during the
			 compliance review. The commitment must include the action to be taken and the
			 target dates for accomplishment. The time allotted shall be no longer than the
			 minimum period necessary to correct such deficiencies. Upon approval of the
			 director of administrative services, the contractor or subcontractor may be
			 considered responsive and responsible to the requirements of Chapters 123:2-3
			 through 123:2-9 of the Administrative Code, on condition that the contractor or
			 subcontractor implements and enforces the commitments of the conciliation
			 agreement.
(D) Where a compliance
			 review indicates that a contractor or subcontractor may not be exerting good
			 faith efforts to accomplish the goals of an affirmative action program and a
			 conciliation agreement can not be reached, the director of administrative
			 services shall provide the contractor or subcontractor with an opportunity for
			 an adjudication hearing, in conformity with Chapter 119. of the Revised Code.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-7 - Hearings › Section 123:2-7-01 - Adjudication hearings

Current through all regulations passed and filed through July 1, 2024
(A) The Director of Administrative Services
			 may convene adjudication hearings to determine if any of the following
			 sanctions shall be invoked against any contractor or subcontractor.
(1) A recommendation that the Ohio Attorney
			 General initiate the appropriate proceedings against a contractor or
			 subcontractor for material violations of the of the rules and regulations set
			 forth in Chapters 123:2-3 through 123:2-9 of the Administrative Code.
(2) A recommendation that the Ohio
			 Attorney General initiate criminal proceedings against a contractor or
			 subcontractor for furnishing false information to the contracting agency or to
			 the Department of Administrative Services.
(3) A recommendation to the Ohio Civil Rights
			 Commission, the Ohio Attorney General, the U.S. Equal Employment Opportunity
			 Commission or the U.S. Department of Justice that appropriate proceedings be
			 instituted against a contractor or subcontractor.
(4) Cancellation, suspension or termination,
			 in whole or in part, for material failure to comply with the rules and
			 regulations of Chapters 123:2-3 through 123:2-9 of the Administrative Code. The
			 resumption or continuance of a contract may be conditioned upon the
			 contractor's or subcontractor's compliance to Chapters 123:2-3 through 123:2-9
			 of the Administrative Code.
(5) A
			 determination that the contractor or subcontractor is ineligible for future
			 contracts or extensions or modifications of existing contracts until the
			 contractor or subcontractor implements and maintains an affirmative action
			 program pursuant to the rules and regulations set forth in Chapters 123:2-3
			 through 123:2-9 of the Administrative Code.
Ohio Administrative Code › Title 123:2 - Division of EEO for Construction › Chapter 123:2-7 - Hearings › Section 123:2-7-02 - Notice of proposed sanction

Current through all regulations passed and filed through July 1, 2024
(A) Where the Director of Administrative
			 Services seeks to find a contractor or subcontractor ineligible for future
			 contract awards or extensions or modifications of existing contracts, or seeks
			 to cancel, suspend, or terminate a contract in whole or in part, notice of the
			 proposed sanction, signed by the Director shall be sent to the last known
			 address of the contractor or subcontractor. The notice shall contain a concise
			 jurisdictional statement, a short and plain statement of the matters furnishing
			 a basis for the imposition of sanction, an enumeration of the sanctions being
			 requested, and a citation of the provision of law pursuant to which the
			 requested action may be taken.
(B)
			 The contractor or subcontractor shall be provided at least thirty days from
			 receipt of the notice of proposed sanction to file an answer and a request for
			 an adjudication hearing. The answer shall admit or deny specifically the
			 matters set forth in each allegation of the notice unless the contractor or
			 subcontractor is without knowledge, in which case the answer shall so state,
			 and the statement shall be deemed a denial. Affirmative defenses shall be
			 specifically stated and numbered.
(C) Where the contractor or subcontractor
			 fails to answer the notice of proposed sanction or the contractor or
			 subcontractor acquiesces to the charges contained in the notice, the Director
			 of Administrative Services may determine the contractor or subcontractor
			 ineligible for future contract awards or extensions or modifications to
			 existing contracts or may cancel, suspend, or terminate any one or more
			 contracts until the contractor or subcontractor has provided satisfactory
			 evidence that the contractor or subcontractor has established and will carry
			 out an affirmative action program, pursuant to the rules and regulations set
			 forth in Chapters 123:2-3 through 123:2-9 of the Administrative Code.
(D) Where the contractor or
			 subcontractor fails to answer the notice of proposed sanction or the contractor
			 or subcontractor acquiesces to the charges contained in the notice, the
			 Director of Administrative Services or the Director of the contracting agency
			 may withhold any pending or future payments on the contract for the project
			 cited for deficiencies pursuant to a compliance review.