reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-15 - Code of Ethics › Section 4123-15-08 - Remedial action against persons exercising improper influence and engaging in favoritism

Current through all regulations passed and filed through July 1, 2024
Upon receipt of information indicating a violation of rule
				4123-15-07
				of the Administrative Code, to ensure appropriate corrective action, the
				industrial commission or the administrator, as the case may be, shall take
				every action to ensure the matter is investigated, and, provided the
				circumstances warrant it, shall notify the office of deputy inspector general
				for the bureau of workers' compensation and industrial commission, and any
				other appropriate agency or official.
Five Year Review (FYR) Dates:
				03/23/2017 and
				06/01/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.12,
				4121.121
Rule
				Amplifies: 4121.122
Prior
				Effective Dates: 1/1/78, 8/15/07,
				2/15/08
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-15 - Code of Ethics › Section 4123-15-09 - Prohibition against unnecessary claim file possession

Current through all regulations passed and filed through July 1, 2024
No employee shall access a workers' compensation claim
				file unless the file is necessary to the performance of the employee's duties.
				Any violation of this rule
				shall 
								be referred to the 
								chief legal counsel for the bureau of
				workers' compensation, the administrator or the industrial commission for
				action consistent with division (A) of section
				4121.122 of the Revised Code. A
				copy of this rule shall be distributed to each employee for certification that
				he has received and read this rule. This certification shall be placed in the
				employee's personnel file.
Effective: 6/10/2017
Five Year
				Review (FYR) Dates: 03/23/2017 and
				06/01/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.12,
				4121.121
Rule
				Amplifies: 4121.122
Prior
				Effective Dates: 1/1/78
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-16 - Personal Information Systems › Section 4123-16-02 - Personal information systems

Current through all regulations passed and filed through July 1, 2024
(A) Chapter 4123-16 of the Administrative
			 Code shall apply to all personal information systems maintained by the bureau
			 unless exempted in paragraph (C) or (D) of this rule.
(B) The bureau maintains a personal
			 information system which it deposits or stores in a record center or stores in
			 or has processed by a data center. The bureau does not maintain a personal
			 information system belonging to another state agency, which is stored in or
			 processed by the state data center.
(C) The following types of personal
			 information systems are exempted from the provisions of Chapter 1347. of the
			 Revised Code, and Chapter 4123-16 of the Administrative Code.
(1) Collected archival records in the custody
			 of or administered under the authority of the Ohio history
			 connection:
(2) Published
			 directories:
(3) Reference
			 materials;
(4) Newsletters;
			 or
(5) Routine information that is
			 maintained for the purpose of internal office administration, the use of which
			 would not adversely affect a person.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-16 - Personal Information Systems › Section 4123-16-03 - Privacy officer

Current through all regulations passed and filed through July 1, 2024
(A) The administrator shall appoint a privacy
			 officer to be responsible for agency compliance with Chapter 1347. of the
			 Revised Code and Chapter 4123-16 of the Administrative Code.
(B) The privacy officer, or the privacy
			 officer's designee, shall oversee the staff instruction required by rule
			 4123-16-12
			 of the Administrative Code. The privacy officer shall also provide
			 interpretation and guidance relative to specific compliance questions.
(C) The privacy officer shall be
			 designated to receive all correspondence or inquiries relative to privacy
			 matters unless otherwise indicated in Chapter 4123-16 of the Administrative
			 Code.
(D) The privacy officer
			 shall be responsible for monitoring policies and procedures established under
			 Chapter 4123-16 of the Administrative Code and modifying such policies and
			 procedures when appropriate.
Five Year Review (FYR) Dates:
				5/2/2018 and
				05/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.12,
				4121.121
Rule
				Amplifies: 1347.05
Prior
				Effective Dates: 03/15/1982,
				10/14/2002
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-16 - Personal Information Systems › Section 4123-16-05 - Collection, maintenance and use of only personal information which is necessary and relevant

Current through all regulations passed and filed through July 1, 2024
The bureau shall collect, maintain and use only personal
				information which is necessary and relevant to the functions it is required or
				authorized to perform by statute, ordinance, code or rule and eliminate such
				information when it is no longer necessary to those functions.
(A) Within three months after any change in
			 the purpose of the personal information system, the privacy officer shall
			 review a random sampling of records to determine if personal information in the
			 system is necessary for and relevant to the performance of lawful functions.
			 Personal information which does not meet these requirements shall no longer be
			 collected.
(B) When an existing
			 personal information system is substantially enlarged or a new personal
			 information system is established, the privacy officer shall examine:
(1) The function for which the personal
			 information system is being enlarged or created to ensure that it is required
			 or authorized by statute, ordinance, code or rule; and
(2) The personal information to be collected
			 and maintained to ensure that it is necessary and relevant to the function to
			 be performed.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-16 - Personal Information Systems › Section 4123-16-06 - Maintenance of personal information which is accurate, relevant, timely and complete

Current through all regulations passed and filed through July 1, 2024
(A) Employees who use a personal information
			 system shall monitor the contents of the records and report to the privacy
			 officer the existence of personal information which appears inaccurate,
			 irrelevant, untimely or incomplete.
(B) The privacy officer shall keep a record
			 of the reported incidence of error in each personal information system. If it
			 appears the reported errors are characteristic of the system as a whole, the
			 privacy officer shall establish procedures to correct existing records and
			 record-keeping methods.
(C) In
			 order to maintain personal information which is accurate, relevant, timely and
			 complete, employees of the bureau shall:
(1)
			 Verify the accuracy of personal information which does not appear reasonable or
			 is doubtful, vague, or inconsistent.
(2) Correct inaccurate personal information.
(3) Limit the collection and
			 maintenance of subjective personal information to only that information which
			 is required to accomplish the purpose of the system and, when feasible, verify
			 such information.
(4) When
			 feasible, collect personal information from the data subject rather than a
			 third-party source or verify with the data subject information provided by a
			 third party.
(5) Not include in,
			 or allow to remain in, a personal information system personal information known
			 to be inaccurate, untimely, unnecessary, or irrelevant.
(6) Update personal information systems which
			 provide an historical account or for which an outcome is anticipated.
(7) Make no determination based on
			 personal information in a personal information system if the data is known or
			 suspected to be incomplete.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-16 - Personal Information Systems › Section 4123-16-07 - Notice to persons asked to supply personal information

Current through all regulations passed and filed through July 1, 2024
(A) Any person
			 asked to supply personal information for a personal information system shall be
			 advised whether he or she is legally required, or may refuse, to supply the
			 information. A statement to this effect shall be provided with any written or
			 verbal request for information and included on all forms.
(B) Any person asked to supply personal
			 information that will be placed in an interconnected or combined system shall
			 be provided with information relevant to the system, including the identity of
			 the other agencies or organizations that have access to the personal
			 information in the system.
(C) If
			 personal information is requested from the same source on a continuous basis,
			 the person may be advised, as required under paragraph (A) or (B) of this rule,
			 one time, in writing, rather than prior to each request.
Five Year Review (FYR) Dates:
				5/2/2018 and
				05/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.12,
				4121.121
Rule
				Amplifies: 1347.071
Prior
				Effective Dates: 03/15/1982,
				10/14/2002
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-16 - Personal Information Systems › Section 4123-16-08 - Data subject's right to inspect personal information

Current through all regulations passed and filed through July 1, 2024
(A) Upon the
			 request and proper identification of any person who is the subject of personal
			 information in a personal information system, the bureau shall:
(1) Inform the person of any personal
			 information in the system of which the person is the subject;
(2) Except as provided in paragraph (C) or
			 (D) of this rule, permit the person, his or her legal guardian, or an attorney
			 with a signed written authorization made by the person, or his or her guardian,
			 to inspect all personal information in the system of which the person is the
			 subject; and
(3) Inform the person
			 about the types of uses made of the personal information, including the
			 identity of any users usually granted access to the system.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-16 - Personal Information Systems › Section 4123-16-09 - Investigation of data subject's dispute of the accuracy, relevance, timeliness or completeness of personal information

Current through all regulations passed and filed through July 1, 2024
(A) If a person who is the subject of
			 personal information in a personal information system maintained by the bureau
			 disputes the accuracy, relevance, timeliness or completeness of the personal
			 information, the person may request the bureau to investigate the current
			 status of the information.
(B)
			 Requests to investigate personal information shall be made to the privacy
			 officer or the director who is responsible for the system.
(C) Within ninety days after receiving the
			 request from the disputant, the bureau shall make a reasonable investigation to
			 determine whether the disputed information is accurate, relevant, timely and
			 complete and shall notify the disputant of the results of the investigation and
			 of the action that the bureau plans to take with respect to the disputed
			 information. The bureau shall delete any information that it cannot verify or
			 that it finds to be inaccurate.
(D) If after the bureau's determination, the
			 disputant is not satisfied, the bureau shall do either of the following:
(1) Permit the disputant to include within
			 the system a brief statement of his or her position on the disputed
			 information, or
(2) Permit the
			 disputant to include within the system a notation that the disputant protests
			 that the information is inaccurate, irrelevant, outdated, or incomplete. The
			 agency shall maintain a copy of the disputant's statement of the dispute.
The department may limit the statement to not more than one
				hundred words if the bureau assists the disputant to write a clear summary of
				the dispute.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-16 - Personal Information Systems › Section 4123-16-10 - Participation in interconnected or combined systems

Current through all regulations passed and filed through July 1, 2024
(A) The bureau shall not place personal
			 information in an interconnected or combined system, or use personal
			 information that is placed in an interconnected or combined system by another
			 state or local agency or another organization, unless the interconnected or
			 combined system will contribute to the efficiency of the involved agencies in
			 implementing programs that are authorized by law.
(B) The bureau shall not use personal
			 information placed in an interconnected or combined system by another state or
			 local agency or another organization unless the personal information is
			 necessary and relevant to the performance of a lawful function of the bureau.
(C) The participation in an
			 interconnected or combined system or the use of personal information in an
			 interconnected or combined system shall be approved by the privacy officer.
Five Year Review (FYR) Dates:
				5/2/2018 and
				05/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.12,
				4121.121
Rule
				Amplifies: 1347.071
Prior
				Effective Dates: 03/15/1982
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-16 - Personal Information Systems › Section 4123-16-11 - Security precautions

Current through all regulations passed and filed through July 1, 2024
(A) The bureau shall take reasonable
			 precautions to protect personal information in the system from unauthorized
			 modification, destruction, or disclosure of personal information. In
			 determining what is reasonable, consideration shall be given to the following:
(1) The nature and vulnerability of the
			 personal information.
(2) The
			 physical facilities where the personal information is maintained or used.
(3) The need for the feasibility
			 of keeping personal information in a secure place, considering paragraphs
			 (A)(1) and (A)(2) of this rule, the cost of providing a secure place and the
			 need for access to the place where information is kept by personnel of the
			 agency and the general public.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-16 - Personal Information Systems › Section 4123-16-12 - Privacy instruction for department employees

Current through all regulations passed and filed through July 1, 2024
(A) The bureau shall adopt written policies
			 and procedures which inform employees of the applicable provisions of Chapter
			 1347. of the Revised Code and of all rules adopted in accordance with the
			 chapter.
(B) The privacy officer
			 shall inform each employee of the bureau who has responsibility for the
			 operation or maintenance of the personal information system of the policies and
			 procedures adopted under Chapter 4123-16 and of the specific application of
			 these policies and procedures to the personal information system.
Five Year Review (FYR) Dates:
				5/2/2018 and
				05/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.12,
				4121.121
Rule
				Amplifies: 1347.05
Prior
				Effective Dates: 03/15/1982,
				10/14/2002
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-16 - Personal Information Systems › Section 4123-16-13 - Disciplinary measures

Current through all regulations passed and filed through July 1, 2024
(A) Any employee who intentionally violates
			 any provision of Chapter 1347. of the Revised Code or any rule adopted in
			 accordance with this chapter shall be subject to disciplinary action.
(B) Any employee who initiates or
			 otherwise contributes to any disciplinary or other punitive action against any
			 individual who brings to the attention of appropriate authorities, the press,
			 or any member of the public evidence of unauthorized use of personal
			 information shall be subject to suspension or possible removal.
Five Year Review (FYR) Dates:
				5/2/2018 and
				05/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 4121.12,
				4121.121
Rule
				Amplifies: 1347.05
Prior
				Effective Dates: 03/15/1982,
				10/14/2002
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-01 - Annual rate revision, method of adoption, effective date, publication

Current through all regulations passed and filed through July 1, 2024
(A) Private
			 employers.
(1) The annual revision of premium
			 rates as provided in division (B) of section
			 4123.34 of the Revised Code
			 
									applies to all renewals, reinstatements, and new coverage effective on or after July first of
			 each year, unless otherwise specifically provided. 
									The bureau of workers' compensation may adopt such
			 changes in classification of occupations or industries with respect to their
			 degree of hazard as will best serve to determine the risks of the different
			 classes of occupations and will enable the establishing of appropriate premium
			 rates measured by the hazard involved.
(2) The revised premium rates and changes in
			 classification of occupations or industries with respect to their degree of
			 hazard, as provided in paragraph (A)(1) of this rule,
			 
									will be
			 adopted by rules recommended by the administrator of
			 workers' compensation and with the advice and consent of the bureau of
			 workers' compensation board of directors as provided under division (F) of
			 section 4121.12 of the Revised
			 Code.
(3) The rule with any revised
			 premium rates and changes in classification of occupations or industries
			  attached thereto, will be filed in
			 accordance with section
			 111.15 of the Revised Code. Any
			 revised premium rates and changes in classification of occupations or
			 industries become effective on the date indicated on the filed rule.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-02 - Successorship

Current through all regulations passed and filed through July 1, 2024
(A)
			 Responsibilities.
(1) Whenever one employer
			 succeeds another employer in the operation of a business in whole or in part,
			 the successor shall notify the bureau of workers'
			 compensation of the succession.
(2) Pursuant to this rule, the bureau
			 
									will
			 provide to the parties to the transfer of experience the necessary forms and
			 instructions to complete the transfer of the appropriate payrolls and claims.
			 The bureau 
									will review the transfer and if any questions arise,
			 the bureau may conduct a premium audit on each party's
			  account.
(3) The successor must preserve the
			 predecessor's payroll records for the five years preceding the date of
			 succession.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-03 - Employer's experience rating plan

Current through all regulations passed and filed through July 1, 2024
(A)
			 Definitions.
As used in this rule:
(1) "Experience period" means:
(a) For private employer policy years
			 commencing on or after July 1, 2016, the oldest four of the latest five
			 completed policy years immediately preceding the beginning of the policy year
			 to which a rate is applicable.
(b)
			 For public employer taxing districts policy years commencing on or after
			 January 1, 2016, the oldest four of the last five completed calendar years
			 immediately preceding the beginning of the policy year to which the rate is
			 applicable.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-03.2 - Experience modification cap

Current through all regulations passed and filed through July 1, 2024
(A)
			 Definitions.
As used in this rule:
(1) "Experience modification" or "EM" means
			 the experience modification as determined under rule
			 4123-17-03 of the Administrative
			 Code.
(2) "Eligibility
			 determination date" means the March first immediately preceding the policy year
			 for which the EM is being calculated for private employers, and the September
			 first immediately preceding the policy year for which the EM is being
			 calculated for public employer taxing districts.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-03.3 - Employer premium size factors

Current through all regulations passed and filed through July 1, 2024
(A)
			 The administrator of workers' compensation, with the advice and consent of the
			 bureau of workers' compensation board of directors, hereby sets the premium
			 size factors in the appendix to this rule to be effective July 1,
			 2024.
(B)
			 A private employer is eligible for the premium adjustment under this rule
			 provided the private employer is not a professional employer organization as
			 defined in section 4125.01 of the Revised Code, and
			 the private employer is individually experience rated, individually
			 retrospective rated, group retrospective rated, or participating in a
			 deductible program under rule
			 4123-17-72 of the Administrative
			 Code.
(C) The premium size factors
			 in the appendix to this rule will be applied using the following formula to
			 determine an employer's initial premium:
Initial premium equals payroll multiplied by base rate
				multiplied by EM multiplied by EM adjustment factor where:
Payroll equals the amount of payroll reported by the employer
				as required under agency 4123 of the Administrative Code;
Base rate equals the rate that an employer who is not
				experience rated pays as a percentage of their payroll;
EM equals experience modification as defined in rule
				4123-17-03 of the Administrative
				Code; and
EM adjustment factor equals experience modification adjustment
				factor as defined in rule
				4123-17-03 of the Administrative
				Code.
(D) The following
			 limitations apply to the initial premium calculated in paragraph (C) of this
			 rule:
(1) For an employer that is
			 individually experience rated, group retrospectively rated, or participating in
			 a deductible program under rule
			 4123-17-72 of the Administrative
			 Code, the initial premium is adjusted by the following formula:
Premium equals initial premium multiplied by premium size
				factor where:
Initial premium equals initial premium as calculated in
				paragraph (C) of this rule; and
Premium size factor equals the appropriate premium size factor
				obtained from the table in the appendix to this rule when applying the initial
				premium as calculated in paragraph (C) of this rule to the experience rated
				premium range.
(2) For
			 individual retrospective rated employers, the premium size factors will only
			 apply to the minimum premium and not to any payments on annual evaluation
			 billings made by the employer.
(3)
			 For employers participating in the deductible program, the premium size factors
			 will only apply to the post deductible credited premium and not to any
			 deductible claim cost reimbursement payments made by the employer.
Click to view
				Appendix
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				Appendix
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-04 - Classification of occupations or industries

Current through all regulations passed and filed through July 1, 2024
The administrator of workers' compensation, with the advice and
				consent of the bureau of workers' compensation board of directors, has
				authority to approve the classification of occupations or industries pursuant
				to sections 4121.12,
				4121.121, and
				4123.29 of the Revised Code. The
				administrator hereby establishes the following classifications of occupations
				or industries to be effective July 1, 
								2024, as indicated in the appendix  to
				this rule, the classification of occupations or industries that is based upon
				the national council on compensation insurance as required by division (A)(1)
				of section 4123.29 of the Revised
				Code.
Click
				to view Appendix
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				to view Appendix
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-05 - Private employer industry group and limited loss ratio tables

Current through all regulations passed and filed through July 1, 2024
The administrator of workers' compensation, with the advice and
				consent of the bureau of workers' compensation board of directors, has
				authority to approve contributions made to the state insurance fund by
				employers pursuant to sections
				4121.121,
				4123.29, and
				4123.34 of the Revised Code. The
				administrator hereby sets the industry group assignment and limited loss ratio
				tables parts A and B, to be effective July 1, 
								2024, applicable
				to the payroll reporting period July 1, 
								2024, through
				June 30, 
								2025, for private employers as indicated in appendices
				A and B to this rule.
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				to view Appendix
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Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-05.1 - Private employer experience rating table

Current through all regulations passed and filed through July 1, 2024
The administrator of workers' compensation, with the advice and
				consent of the bureau of workers' compensation board of directors, has
				authority to approve contributions made to the state insurance fund by
				employers pursuant to sections
				4121.121,
				4123.29, and
				4123.34 of the Revised Code. The
				administrator hereby sets the 
								experience rating table part A, "credibility and
				maximum value of a loss," to be effective July 1, 2019,
				applicable to the payroll reporting period July 1, 2019
				through June 30, 2020, for private employers as indicated in appendix A
				to this rule.
Click to view
				Appendix
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				Appendix
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-06 - Private employer contributions to the state insurance fund

Current through all regulations passed and filed through July 1, 2024
The administrator of workers' compensation, with the advice and
				consent of the bureau of workers' compensation board of directors, has
				authority to approve contributions made to the state insurance fund by
				employers pursuant to sections
				4121.121,
				4123.29, and
				4123.34 of the Revised Code. The
				administrator hereby sets the private employer class code base rates, and
				private employer class code expected loss rates per one hundred dollar unit of
				payroll to be effective July 1, 
								2024, applicable to the payroll reporting period
				July 1, 
								2024, through June 30, 
								2025, for
				private employers as indicated in appendices A and B to this rule.
Click
				to view Appendix
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Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-07 - Officers of corporations, elective coverage entities, and ministers

Current through all regulations passed and filed through July 1, 2024
(A) Definitions.
As used in this rule:
(1) "Church" means an established and legally
			 recognized church, congregation, denomination, society, corporation,
			 fellowship, convention, or association that is formed primarily or exclusively
			 for religious purposes.
(2)
			 "Elective coverage persons" means a sole proprietor, a member of a partnership,
			 a member of a limited partnership, an individual incorporated as a corporation
			 with no employees, or an officer of a family farm corporation.
(3) "Elective coverage entity" means a sole
			 proprietorship, a partnership, a limited partnership, an individual
			 incorporated as a corporation with no employees, or a family farm
			 corporation.
(4) "Family farm
			 corporation" has the same meaning as defined in division (E) of section
			 4123.01 of the Revised
			 Code.
(5) "Minister" means a duly
			 ordained, commissioned, accredited, or licensed minister, member of the clergy,
			 rabbi, priest, or Christian science practitioner.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-08 - Classifications according to national council on compensation insurance

Current through all regulations passed and filed through July 1, 2024
In accordance with division (A)(1) of section
				4123.29 of the Revised Code, the
				purpose of this rule is for the bureau of workers' compensation to conform the
				classifications of industries according to the categories the national council
				on compensation insurance (NCCI) establishes that are applicable to employers
				in Ohio. This rule is based upon "Rule 1, Classification Assignment," effective
				January 1, 2002, of the classification rules of the NCCI and "Rule 2G,
				Interchange of Labor." The rule is used with the permission of the NCCI and is
				modified to conform to the requirements of the Ohio administrative code and the
				bureau of workers' compensation. Where the NCCI scopes of basic manual
				classifications contains additional rules and information relating to the
				reporting of payroll or classification of industries under the manual
				classifications, such scopes and rules shall apply under the rules of the
				bureau of workers' compensation, unless otherwise specifically excepted.
(A) Classification system.
(1) The purpose of the classification system
			 is to group employers with similar operations into classifications so that:
(a) The assigned classification reflects the
			 exposures common to those employers.
(b) The rate charged reflects the exposure to
			 loss common to those employers.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-09 - Clerical office payroll

Current through all regulations passed and filed through July 1, 2024
Clerical office payroll shall include only the payroll of those
				employees whose duties are confined to keeping the books and records of the
				employer,
				and conducting correspondence, and drafting, or who are engaged wholly in
				office work where such books and records are kept, having no other duties of
				any nature in or about the employer's premises.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-10 - Excess premiums

Current through all regulations passed and filed through July 1, 2024
The administrator of workers' compensation, with the advice and
				consent of the bureau of workers' compensation board of directors, has
				authority to approve contributions made to the state insurance fund by
				employers pursuant to sections
				4121.121,
				4123.29,
				4123.32, and
				4123.34 of the Revised Code.
				Pursuant to sections 4123.29 and
				4123.34 of the Revised Code, the
				administrator is  to keep premiums
				at the lowest level consistent with the maintenance of a solvent state
				insurance fund and of a reasonable surplus. Pursuant to section
				4123.321 of the Revised Code, in
				the event there is developed as of any given premium rate revision date a surplus of earned premium
				over all losses which, in the judgment of the 
								bureau's board
				of directors, is larger than is necessary adequately to safeguard the solvency
				of the fund, the 
								bureau's board of directors
				may return such excess surplus to the subscriber to the fund in either the form
				of cash refunds or a reduction of premiums, regardless of when the premium
				obligation has accrued. The 
								bureau's board of directors
				
								has
				full discretion and authority to determine whether there is an excess
				surplus of premium; whether to return the excess surplus to employers; the
				nature of the cash refunds or reduction of premiums; the employers who are
				subscribers to the state insurance fund who are eligible for the cash refunds
				or reduction of premiums; the payroll period or periods for which a reduction
				of premium has accrued and the premium payment for which the reduction of
				premium applies; the applicable date of the cash refunds or reduction of
				premiums; and any other issues involving cash refunds or reduction of premiums
				due to an excess surplus of earned premium.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-11 - Rule of merit rating controlling the employee having but one eye, one hand, etc

Current through all regulations passed and filed through July 1, 2024
Should any employee having but one hand, arm, eye, foot or leg
				thereafter lose any one of the foregoing members in an industrial accident or
				as the result of an occupational disease the same shall be merit-rated, not as
				a permanent total disability, but as a permanent partial disability, based upon
				the loss of the last member only. The remaining cost shall not be charged
				against the accident experience of the employer.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-12 - Catastrophe claims

Current through all regulations passed and filed through July 1, 2024
(A)
			 A "catastrophe" is defined as an occurrence in which two or more employees of
			 one employer are killed or receive injuries resulting in permanent and total
			 disability.
(B) "Catastrophe cost"
			 is defined as the  costs enumerated in section
			 4123.30 of the Revised
			 Code, including reserves for 
								these costs, as a direct
			 result of a catastrophe.
(C)
			 Catastrophe cost in excess of two hundred fifty thousand dollars shall not be
			 included in the experience of a classification code or of an employer.
(D) Catastrophe cost in excess of two hundred
			 fifty thousand dollars for a retrospective policy year as defined in rule
			 4123-17-41 of the Administrative
			 Code, shall not be included in the annual evaluation or final settlement of
			 that retrospective policy year.
(E)
			 Notwithstanding the provisions of this rule, the administrator
			 of workers' compensation may consider any special
			 circumstances which may affect the determination of a catastrophe.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-13 - Employer application for workers' compensation coverage

Current through all regulations passed and filed through July 1, 2024
(A)
								
								An employer
			 may institute workers' compensation coverage under this rule
								by submitting an application for coverage that
			 completely provides all the information 
								necessary
			 for the bureau of workers' compensation to establish coverage for the employer.
(1) The application for coverage shall be
			 submitted on a form designated by the bureau
									that includes, at a
			 minimum, the following information:
(a) The
			 legal name and business entity type, for example
										corporation, 
										limited liability
			 company, sole proprietorship, or
			 partnership;
(b) Address of the employer;
(c) The federal tax identification number or
			 social security number of the employer;
(d) Information related to the description of
			 the employer's operations, including:
(i) A
			 description of the work done or industry conducted by the employer,
(ii) The estimated average number of
			 employees in each kind of work, and
(iii) The estimated wages of employees in
			 each kind of work over the next twelve months.
(e) Information related to whether the
			 applicant for coverage has purchased an existing business or has another
			 associated policy;
(f) Name of the
			 owners or corporate officers, and, where applicable for elective coverage, the
			 name and necessary identifying information of the sole proprietor, partners,
			  ministers, or
			 officers of the family farm corporation;
(g) Signature of the person completing the
			 application for coverage; and
(h) A
			 non-refundable application fee equal to the minimum administrative annual
			 charge set forth in rule
			 4123-17-26 of the Administrative
			 Code.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-14 - Reporting of payroll and reconciliation of premium due

Current through all regulations passed and filed through July 1, 2024
(A) Definitions.
(1) As used in this chapter of the
			 Administrative Code:
(a) "Applied EM" means
			 the experience modification, or "EM," as set forth in rule
			 4123-17-03 of the Administrative
			 Code, except where such EM is modified by participation in the group experience
			 rating program set forth in rules
			 4123-17-61 to
			 4123-17-66 of the Administrative
			 Code, the 
										claim impact reduction program set forth in rule
			 4123-17-71 of the Administrative
			 Code, or the EM cap program set forth in rule
			 4123-17-03.2 of the
			 Administrative Code. In such cases, "applied EM" means the experience modifier
			 resulting from participation in those programs.
(b) "Current" with respect to payments due
			 the bureau of workers' compensation means not more than forty-five days past
			 due.
(c) "Payments due the bureau"
			 means any premiums, administrative costs, assessments, fines or monies
			 otherwise due to any fund administered by the bureau for which the employer has
			 not submitted a dispute of the obligation to the bureau's adjudicating
			 committee as set forth in rule
			 4123-14-06 of the Administrative
			 Code.
(d) "Payroll" or "wages"
			 means the entire remuneration allowed by an employer to employees in the
			 employer's service for the applicable period.
(e) "Public employer taxing district" means
			 an employer that is not the state itself and subject to the provisions of
			 sections 4123.38 and
			 4123.39 of the Revised
			 Code.
(f) "Remuneration" has the
			 same meaning as defined in division (H) of section
			 4141.01 of the Revised Code.
(i) The definition of remuneration applies to
			 all persons of such employers considered to be employees under the statutes or
			 rules of the bureau, regardless of whether the employer is required to report
			 payroll or remuneration to the Ohio department of job and family services under
			 Chapter 4141. of the Revised Code or whether the employer reports payroll or
			 remuneration to the Ohio department of job and family services for such persons
			 considered to be employees by the bureau.
(ii) For employees who customarily receive
			 tips or gratuities, remuneration includes all actual wages paid and all tips
			 and gratuities.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-14.1 - Misrepresentation of payroll

Current through all regulations passed and filed through July 1, 2024
(A) No employer shall knowingly misrepresent
			 to the bureau of workers' compensation the amount 
								or classification
			 of payroll upon which the premium under this chapter is based. No self-insuring
			 employer shall knowingly misrepresent to the bureau the amount of paid
			 compensation paid by such employer.
(B) As used in the rule, "knowingly" means
			 that the employer had actual knowledge of the misrepresentation and was aware
			 that the misrepresentation would cause a certain result. An employer will not
			 be deemed to have knowingly misrepresented its payroll, its classification of
			 payroll, or its paid compensation where the employer's determination of how to
			 report was based on:
(1)
									
									The employer's reasonable
			 interpretation of a law, rule, or 
			 classification code; or
(2)
									
									Prior reporting instructions or written advice
			 received from the bureau.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-14.2 - Installment payments

Current through all regulations passed and filed through July 1, 2024
(A) An employer may elect to pay its
			 estimated premium due in equal installments of two, four, six, or twelve in
			 number.
(1) Employers paying in advance of
			 the installment schedule will not incur a penalty for early payment.
(2) Employers paying the minimum
			 administrative charge shall not be eligible for an installment plan.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-15 - Alternate employer organizations and professional employer organizations

Current through all regulations passed and filed through July 1, 2024
(A) Definitions.
As used in rules
				4123-17-15 to
				4123-17-15.7 of the
				Administrative Code:
(1) "Alternate
			 employer organization" or "AEO" has the same meaning as defined in section
			 4133.01 of the Revised Code.
			 "Alternate employer organization" or "AEO" does not include a service agency
			 that is in the business of employing individuals for the purpose of utilizing
			 the services of the individuals for a temporary period of time.
(2) "Professional employer organization" or
			 "PEO" has the same meaning as defined in section
			 4125.01 of the Revised Code.
			  PEOs that coemploy a part
			 of a client employer's workforce are to comply with the
			 provisions set forth in paragraph (C) of this rule. "Professional
			 employer organization" or "PEO" does not include a service agency that is in
			 the business of employing individuals for the purpose of utilizing the services
			 of the individuals for a temporary period of time.
(3) "Client employer" has the same meaning as
			 defined in section 4125.01 of the Revised Code for
			 client employers of a PEO and section
			 4133.01 of the Revised Code for
			 client employers of an AEO. "Client employer" does not mean an employer who is
			 a noncomplying employer as defined in rule
			 4123-14-01 of the Administrative
			 Code.
(4) "AEO agreement" means an
			 alternate employer organization agreement as defined in section
			 4133.01 of the Revised Code. On
			 entering into an AEO agreement all worksite employees of a client employer are
			 covered under the workers' compensation policy of the AEO.
(5) "PEO agreement" means a professional
			 employer organization agreement as defined in section
			 4125.01 of the Revised
			 Code.
(6) "PEO reporting entity"
			 means a professional employer organization reporting entity as defined in
			 section 4125.01 of the Revised
			 Code.
(7) "Assurance organization,"
			 "coemploy," and "shared employee" have the same meaning as defined in section
			 4125.01 of the Revised
			 Code.
(8) "Trade secret" has the
			 same meaning as defined in section
			 1333.61 of the Revised
			 Code.
(9) "Working capital" means
			 the excess of current assets over current liabilities as determined by
			 generally accepted accounting principles.
(10) "Worksite employee" has the same meaning
			 as defined in section
			 4133.01 of the Revised
			 Code.
(11) "Policy number," is a
			 term synonymous with "risk number," meaning the identification number that the
			 bureau of workers' compensation assigns to an
			 employer.
Ohio Administrative Code › Title 4123 - Bureau of Workers' Compensation › Chapter 4123-17 - General Rating for the State Insurance Fund › Section 4123-17-15.1 - AEO agreements and PEO agreements

Current through all regulations passed and filed through July 1, 2024
(A) Where a client employer enters into an
			 AEO or a PEO agreement:
(1) Each client
			 employer must establish and maintain an individual account with the bureau
			 of workers' compensation.
(2) The AEO or the PEO
			 
									is
			 considered the succeeding employer, solely for purposes of workers'
			 compensation experience, and 
									is subject to rule
			 4123-17-02 of the Administrative
			 Code.
(3) If the AEO agreement or
			 the PEO agreement between a client employer and the AEO or the PEO is
			 terminated, or if the AEO or the PEO declares bankruptcy or ceases operation in
			 Ohio, the AEO or the PEO must notify the bureau and each client associated with
			 that AEO or that PEO within thirty days from the effective date of
			 termination, and identify on forms prescribed by the bureau the
			 portion of the experience of the AEO or the PEO related to the client employer
			 that 
									will be transferred to the client employer.
(4) An AEO or a PEO shall report any transfer
			 of employees between related AEO entities, PEO entities or PEO reporting
			 entities to the bureau within fourteen calendar days after the date of the
			 transfer. The AEO, the PEO, or the PEO reporting entity shall include in the
			 report all client payroll and claim information regarding the transferred
			 employees and a notice of all workers' compensation claims that have been
			 reported to the AEO, the PEO, or the PEO reporting entity in accordance with
			 the internal reporting policies of the AEO, the PEO or the PEO reporting
			 entity.