reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-1 - General Provisions › Section 4167-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
(A) "Employment risk reduction standard,"
			 "Ohio employment risk reduction standard," "public employee," "public employee
			 representative," "public employer," and "undue
			 hardship" have the same meaning as defined in section
			 4167.01 of the Revised
			 Code.
(B) "Act" means the public
			 employment risk reduction act codified in Chapter 4167. of the Revised
			 Code.
(C) "Administrator" means
			 administrator of  workers'
			 compensation or their designee, as permitted by
			 law.
(D) "Amputation" means
			 the traumatic loss of a limb or other external body part. Amputations include a
			 part, such as a limb or appendage, 
								which was severed, cut off,
			 or amputated,
								
								whether completely or partially; fingertip amputations with or without bone loss;
			 medical amputations resulting from irreparable damage; and amputations of body parts
			 
								which were reattached. Amputations do not include
			 avulsions, enucleations, deglovings, scalpings, severed ears, or broken or
			 chipped teeth.
(E)
								"Business day" means any calendar day that is not a
			 Saturday, Sunday, or a legal holiday as defined in section
			 1.14 of the Revised Code.
(F)
			 "Compliance safety and health officer" or "compliance officer" means a
			 representative of the division of safety and
			 hygiene designated by the superintendent to conduct inspections under
			 this chapter.
(G) "Compliance
			 assistance" means activities and services that include, but are not limited to
			 the following:
(1) Assistance on occupational
			 safety and health issues by such means as telephone and
			 correspondence;
(2) Assistance on
			 an employer's occupational safety and health program and policies;
(3) An on-site employment risk reduction
			 inspection that includes a written report to the employer on the findings and
			 recommendations resulting from the visit; or
(4)
			 Training and education needed to address hazards or potential
			 hazards.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-2 - Refusal to Work › Section 4167-2-01 - Refusal to work

Current through all regulations passed and filed through July 1, 2024
(A)
								This rule is
			 promulgated pursuant to division (A) of section
			 4167.06 of the Revised
			 Code.
(B) A public employee
			 acting in good faith has the right to refuse work under conditions that the
			 public employee reasonably believes present an
			 imminent danger  to
			 the public employee if all of the following
			 conditions are met:
(1) The working conditions
			 are not as normally exists, or reasonably might
			 be expected to occur, in the normal and regular
			 duties of the employee.
(2) There
			 is insufficient time to eliminate the danger through the inspection and
			 enforcement procedures provided by section
			 4167.10 of the Revised
			 Code.
(3) The working conditions
			 are such that a reasonable person would conclude an imminent danger
			 exists.
(4) The
			 public employee has requested that their
			 immediate supervisor or other supervisory representative of the
			 public employer correct the hazardous condition,
			 but the supervisor or other supervisory
			 representative declines to correct the hazardous condition.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-2 - Refusal to Work › Section 4167-2-02 - Complaint by public employee

Current through all regulations passed and filed through July 1, 2024
(A) Any public
			 employee or public employee representative who believes that a violation of an
			 Ohio employment risk reduction standard exists that threatens physical harm may
			 request an inspection by 
								filing a written, 
								complaint to the superintendent of the violation, which may be by electronic submission using the complaint
			 form located on the bureau of workers' compensation's website.
(1) The 
									complaint
			 shall set forth with reasonable particularity the grounds for the complaint,
			 and shall be signed by the public employee or public employee representative.
			 The names of the public employee making the complaint, or any public
			 employees referred to in the complaint, shall not
			 appear in the notice sent to the public employer and shall be kept
			 confidential.
(2) The
			 
									complaint shall include:
(a) A description of the hazard to include,
			 if applicable or possible, the date(s),
										 time(s),  location, 
										and pieces of equipment
			 involved
										;
			 and
(b) The names of the
			 public employee(s) or duties of the public employee(s) who are
			 affected.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-3 - Adoption of Federal Standards; Ohio Specific Safety Standards › Section 4167-3-01 - Employment risk reduction standards incorporated by reference

Current through all regulations passed and filed through July 1, 2024
Pursuant to section
				4167.07 of the Revised Code, the
				following occupational safety and health standards promulgated by the United
				States secretary of labor are incorporated by reference as Ohio employment risk
				reduction standards:
(A) The
			 "Occupational Safety and Health Act of 1970," 84 Stat. 1590, 29 U.C.S.A. 651 as
			 amended.
(B) The Code of Federal
			 Regulations, Title 29, Subtitle B, Chapter XVII, Part 1910 occupational safety and
			 health standards Subpart C to and including Subpart T, and Subpart Z.
(C) The standards
			 of Part 1926, Subpart C to and including Subpart X, with the exclusion of
			 standards 29 CFR 
			 1926.200(g)(2), and 1926.201(a).
(D) The Code of Federal
			 Regulations, Title 29, Subtitle B, Chapter XVII, Part 1928 occupational safety
			 and health standards.
(E) The superintendent
			 shall determine the scope and application of all adopted Ohio employment risk
			 reduction standards when conducting inspections and investigations.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-3 - Adoption of Federal Standards; Ohio Specific Safety Standards › Section 4167-3-02 - Emergency temporary standards

Current through all regulations passed and filed through July 1, 2024
(A) An emergency
			 temporary Ohio employment risk reduction standard 
								will be issued
			 if the superintendent finds both of the following:
(1) Public employees are exposed to grave
			 danger from exposure to substances or agents determined to be toxic or
			 physically harmful or from new hazards; and
(2) The emergency temporary standard is necessary to protect employees
			 from the danger.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-3 - Adoption of Federal Standards; Ohio Specific Safety Standards › Section 4167-3-05 - Ohio specific safety standards

Current through all regulations passed and filed through July 1, 2024
(A) Radiation
			 standards.
(1) Ionizing radiation: Any use of
			 ionizing radiation is to comply with the standards for protection against
			 radiation promulgated by the United States nuclear regulatory commission set
			 forth in 10 C.F.R.
			 20. For purposes of this section, radiation
			 includes alpha particles, beta particles, gamma rays,
			 x-rays,
			 neutrons, high speed electrons, high speed protons, and other atomic particles,
			 but does not include sound or radio waves, visible light, infrared
			 light, or ultraviolet light.
(2) Nonionizing radiation:
Any use of nonionizing radiation, specifically electromagnetic
				radiation, is to comply with the most recent
				recommended standards of the American conference of governmental industrial
				hygienists (ACGIH) consensus occupational exposure
				safety standards for nonionizing radiation (NIR) and fields (threshold limit
				values (TLVs)) and biological exposure indices (BEIs) for chemical substances
				and physical agents, including the following spectrums of radiation:
				radiofrequency (RF) and microwave (MW); sub-radiofrequency (SRF), thirty kHz
				and below; static electric and magnetic fields (EMF); and laser.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-4 - Notification to Employees › Section 4167-4-01 - Notice to public employees

Current through all regulations passed and filed through July 1, 2024
(A) Each
			 public employer shall post and keep posted
			 
								all notices informing public employees of the protections and obligations
			 provided under the act. The superintendent 
								will post a
			 list of all required notices, and the form of those notices, on the
			 bureau of workers' compensation's website.
(B) Any notice required by this rule shall be
			 posted by the public employer in each
			 establishment operated by the public employer in
			 a conspicuous place where notices to public
			 employees are customarily posted. Each public
			 employer shall take steps to ensure that such notices are not altered, defaced,
			 or covered by other material.
(1) Where
			 distinctly separate operations of the public employer are performed at a single
			 physical location, each 
									distinct separate operation shall be treated as a
			 separate establishment for purposes of this rule. 
									Distinct
			 separate operations include, but are not limited to, multiple agencies of
			 a public employer located within a single building.
(2) Where public employees are engaged in activities that are
			 not ordinarily conducted in an establishment of the public employer, the
			 required  notices
			 
									will be
			 posted at the location to which public employees
			 report each day.
(3) Where
			 public employees do not report to a physical
			 location, the public employer
			 
									will
			 provide such public employees individual copies
			 of 
									all
			 notices subject to paragraph (A) of this rule on an annual basis.
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Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-5 - Abatement; Undue Hardship › Section 4167-5-01 - Abatement dates

Current through all regulations passed and filed through July 1, 2024
(A) In establishing
			 the time limits in which a public employer must abate a violation under this
			 chapter, the superintendent 
								will consider the following:
(1) The costs to the public employer;
(2) The size and financial resources of the
			 public employer;
(3) The severity of the violation;
(4) The technological feasibility of the
			 public employer's ability to comply with
			 requirements of the citation;
(5)
			 The possible present and future detriment to the health and safety of any
			 public employee for failure of the public
			 employer to comply with requirements of the citation; and
(6) Other factors as the superintendent
			 determines appropriate.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-5 - Abatement; Undue Hardship › Section 4167-5-02 - Petition for a modification of abatement date

Current through all regulations passed and filed through July 1, 2024
(A)
								
								A public
			 employer may file a petition for modification of abatement date when the
			 public employer has made a good faith effort to
			 comply with the abatement requirements of a citation, but such abatement has
			 not been completed because of factors beyond the public employer's control.
(B) A petition for modification of abatement
			 date shall be in writing and  include
			 the following information:
(1) All steps taken
			 by the employer, and the dates of such action, in an effort to achieve
			 compliance during the prescribed abatement period.
(2) The specific additional abatement time
			 necessary in order to achieve compliance.
(3) The reasons  additional time is necessary, including
			 , but not limited to, the following reasons, with
			 supporting documentation:
(a)
										The unavailability of professional or technical
			 personnel;
(b)
										The unavailability of materials and equipment;
			 or
(c)
										The necessary construction or alteration of facilities
			 cannot be completed by the original abatement date.
(4) All available interim steps
			  taken to safeguard the
			 public employees against the cited hazard during
			 the abatement period.
(5) A
			 verification that a copy of the petition has been posted, and if appropriate,
			 served on the 
									public employee representative of affected
			 public employees, in accordance with paragraph
			 (C)(1) of this rule and a verification of the date upon which such posting and
			 service was made.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-5 - Abatement; Undue Hardship › Section 4167-5-03 - Undue hardship

Current through all regulations passed and filed through July 1, 2024
(A) In the event
			 that a rule or order issued by the superintendent would cause undue hardship
			 upon a public employer, the public employer may
			 request an exclusion from such a rule or order.
(B) The superintendent
			 
								will
			 not grant any undue hardship exclusion request that is:
(1) Requesting exclusion from an order issued
			 in conjunction with a finding of imminent danger under rule
			 4167-8-02 of the Administrative
			 Code; or
(2)
			 Made on behalf of a group of public employers.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-6 - Recording and Reporting Injury and Illness › Section 4167-6-01 - Recording and reporting occupational injuries and illnesses

Current through all regulations passed and filed through July 1, 2024
(A) Each public
			 employer shall maintain records and make reports to the superintendent in
			 accordance with this rule.
(1) All records
			 and reports shall be maintained and submitted on forms prescribed by the
			 superintendent, or equivalent records that meet the following requirements, as
			 determined by the superintendent. The records
			 must:
(a)
										Contain the same information contained on the form
			 prescribed by the superintendent;
(b)
										Be as readable and comprehensible
			 as the form prescribed by the superintendent; and
(c)
										Be completed in as much detail as required by the
			 instructions for the form prescribed by the superintendent.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-6 - Recording and Reporting Injury and Illness › Section 4167-6-09 - Records for substances required to be monitored or measured

Current through all regulations passed and filed through July 1, 2024
(A) Each public
			 employer shall maintain accurate records of public employee exposure to
			 potentially toxic materials, carcinogenic materials, and harmful physical
			 agents that are  to be monitored or
			 measured under any Ohio public employment risk reduction standard.
(B) Each affected public employee or public
			 employee representative shall have the opportunity to observe
			 
								and
			 participate in any monitoring or measuring of such regulated
			 exposures.
(C) An affected public
			 employee or public employee representative may undertake
			 
								their own monitoring or measuring of such regulated
			 exposures.
(D) A public employer
			 who monitors or measures a regulated exposure shall provide access to those
			 records, upon request of an affected current or
			 former public employee or a public employee representative, regarding the individual public employee's exposure. A public employee or
			 public employee representative who monitors or measures a regulated exposure
			 shall also provide access to those records on request of the public employer
			 
								or
			 affected current or former public
			 employees.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-6 - Recording and Reporting Injury and Illness › Section 4167-6-10 - Reporting fatalities, hospitalization, amputations, and loss of an eye as a result of work-related incidents

Current through all regulations passed and filed through July 1, 2024
(A) Within eight
			 hours after the death of any public employee from
			 a work-related incident, the public employer of
			 any affected public employees shall orally report
			 the incident to the superintendent at the phone number indicated on the poster
			 required under rule
			 4167-4-01 of the Administrative
			 Code or by electronic submission using the appropriate
			 form located on the bureau of workers' compensation website.
(B) The public
			 employer shall report any of the following within twenty-four hours of a
			 work-related incident to the superintendent at the
			 phone number indicated on the poster required under rule
			 4167-4-01 of the Administrative
			 Code or by electronic submission using the appropriate form located on the
			 public employer risk reduction program website:
(1) The hospitalization of one or more
			 public employees;
(2)
									
									A public employee's amputation; or
(3)
									
									A public employee's loss of an eye.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-6 - Recording and Reporting Injury and Illness › Section 4167-6-11 - Needlestick records

Current through all regulations passed and filed through July 1, 2024
(A)
								
			 Definitions.
(1)
									 "Public health care worker" means a person who is
			 employed by a public employer to provide health services or other services that
			 carry with them the potential for exposure incidents to bloodborne pathogens,
			 including a person employed by a public hospital or other public health care
			 facility, a person employed by a public employer to provide home health care,
			 and a person employed by a public employer as a firefighter, emergency medical
			 technician-basic, emergency medical technician-intermediate, or emergency
			 medical technician-paramedic.
(2)
									 "Public health
			 care worker" does not include a person who is employed by a public employer to
			 provide dental services, treatment, or training or a dental student who is
			 receiving training from a public employer.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-7 - Variances › Section 4167-7-01 - Variances from Ohio public employment risk reduction standards

Current through all regulations passed and filed through July 1, 2024
(A)
								
								For purposes of this rule, the term "variance" refers
			 to a temporary variance or a variance from a standard or provision as contained
			 in section 4167.09 of the Revised
			 Code.
A certification that
				the public employer has informed the affected employees
(B) Applications for variances and renewals
			 of variances must be made in accordance with section
			 4167.09 of the Revised Code.
(1) The initial application fee is one
			 thousand dollars.
(2) The renewal
			 application fee is one hundred dollars.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-8 - Inspection Procedures › Section 4167-8-01 - Inspection and investigation procedures

Current through all regulations passed and filed through July 1, 2024
(A) Authority for
			 inspections and investigations.
(1) The
			 superintendent 
									will conduct inspections and investigations under
			 the following circumstances:
(a) A request
			 from a public employee or public employee representative pursuant to division
			 (B)(1) of section 4167.10 of the Revised
			 Code;
(b) A refusal to work
			 notification pursuant to section
			 4167.06 of the Revised
			 Code;
(c) A request from a public
			 employer pursuant to division (B)(2) of section
			 4167.10 of the Revised
			 Code;
(d) A report of a
			 work-related fatality, hospitalization, amputation, or loss of
			 an eye;
(e) A scheduled inspection upon the
			 superintendent's own initiative, pursuant to section
			 4167.10 of the Revised
			 Code
										;
			 and
(f) A request from a
			 public employer for a compliance assitance employment risk reduction
			 inspection.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-8 - Inspection Procedures › Section 4167-8-02 - Finding of imminent danger

Current through all regulations passed and filed through July 1, 2024
(A) If, during an
			 inspection or investigation, the superintendent finds any condition or practice
			 which presents an imminent danger to the safety and health of a public
			 employee, the superintendent shall issue a "notice of imminent danger."
(1) The public employer shall immediately
			 post the notice, or a clearly legible copy thereof, at or near each place the
			 violation referenced in the notice exists or occurred.
(2) Citations shall be posted in areas
			 accessible to public employees 
									and public employee representatives but need not be posted in areas accessible to the
			 public.
(3) A public employer shall
			 seek the approval of the superintendent to post citations in locations other
			 than those at the site of a violation.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-8 - Inspection Procedures › Section 4167-8-03 - Citations

Current through all regulations passed and filed through July 1, 2024
(A) The
			 superintendent will, with reasonable promptness, issue a citation to
			 any public employer that, upon inspection or investigation, the superintendent
			 finds has violated any of the following:
(1)
			 An Ohio employment risk reduction standard;
(2) An order issued upon a finding of
			 imminent danger pursuant to rule
			 4167-8-02 of the Administrative
			 Code;
(3) An order to abate a
			 violation issued pursuant to this rule.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-9 - Discrimination Against Complaining Employee › Section 4167-9-01 - Discrimination

Current through all regulations passed and filed through July 1, 2024
(A) No public
			 employer shall discharge or in any manner discriminate against any public
			 employee because the public employee in good
			 faith has:
(1) Filed any complaint under or
			 related to the act;
(2)
			 Instituted, or caused to be instituted, any proceeding under or related to the
			 act;
(3) Testified, or is about to testify, in any proceeding under or related to the act;
			 or
(4) Exercised on his own
			 behalf, or on the behalf of others, any right afforded by the act.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-10 - Protection of Trade Secrets and Confidential Information › Section 4167-10-01 - Protection of trade secrets and confidential information

Current through all regulations passed and filed through July 1, 2024
(A) In accordance
			 with section 4167.12 of the Revised Code, all
			 information reported to, or otherwise obtained
			 by, the superintendent in connection with any
			 investigation, inspection, or proceeding that reveals a trade secret or
			 confidential information as defined in any specific section of the Revised Code
			 or federal law is confidential.
(B)
			 Information deemed to be a trade secret or confidential information may be
			 disclosed by the superintendent to other agents or authorized representatives
			 of the superintendent concerned with fulfilling the requirements of the act, or
			 when relevant, to any proceeding under the act. In any proceeding, the
			 superintendent or the court shall issue orders as appropriate to protect the
			 confidentiality of trade secrets and confidential information.
(C) A public employer shall
			  identify the existence of a
			 trade secret or confidential information at the commencement of an inspection
			 to the superintendent. 
								If the public employer does not identify the
			 existence of a trade secret or confidential information at the commencement of
			 an inspection, the public employer must do so at the earliest
			 opportunity.
(D) A public employer
			 who is claiming confidentiality on the basis of the existence of a trade secret
			 or confidential information shall provide written 
								notice, with
			 supporting documentation, to the superintendent of the claim.
(E) The superintendent shall develop and
			 implement policies and procedures to identify and secure information identified
			 as a trade secret or confidential information .
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-10 - Protection of Trade Secrets and Confidential Information › Section 4167-10-02 - Disclosure of trade secrets and confidential information to health professionals

Current through all regulations passed and filed through July 1, 2024
(A) Definitions:
For purposes of this rule.
(1) "Employer" means a public
			  employer or any private
			  employer who provides substances or
			 chemicals claimed to be trade secret or confidential information to a public
			 employer.
(2) "Health professional"
			 means a treating physician or nurse, or a physician, toxicologist, or
			 epidemiologist employed by or under contract with a public employer.
(3) "Written statement of need" means the
			 request of a health professional for a specific chemical identity that
			 describes, with reasonable detail, one or more of the following health needs
			 for the information:
(a) To treat an
			 individual that has been exposed to the chemical concerned, and knowledge of
			 the specific chemical identity of the chemical is needed for diagnosis and
			 treatment;
(b) To assess exposure
			 of public employees to the hazard of the chemicals or substances
			 concerned;
(c) To conduct or assess
			 sampling to determine exposure levels of public employees exposed to the
			 chemicals or substances concerned;
(d) To conduct periodic medical surveillance
			 of public employees exposed to the chemical or substances concerned;
(e) To conduct studies to determine the
			 health effects of exposure to the chemical or substances concerned;
			 or
(f) To conduct studies to aid in the
			 identification of a chemical that may reasonably be anticipated to cause an
			 observed health effect.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-13 - Abatement Verification › Section 4167-13-01 - Abatement verification, abatement plan, and progress reports

Current through all regulations passed and filed through July 1, 2024
(A) Filing
			 requirements.
(1)
									A public employer
			 may combine the required documentation for multiple citations under this rule
			 into a single document.
(2) Where a
			 document must be submitted to the superintendent under this rule, the
			 submission date of such document is the date received by the
			 superintendent.
(3) Receipt of
			 a public
			 employer's documents by the superintendent does not constitute an agreement
			 that the public employer has abated the condition
			 for which the citation was issued.
(4) Any public
			 employer failing to comply with the provisions of this rule shall be subject to
			 citation.
(5) False statements
			  willfully made in any
			 document required by this rule may result in the administrator
			 of workers' compensation seeking an injunction,
			 restraining order, or any other appropriate relief against the public employer
			 pursuant to section 4167.17 of the Revised
			 Code.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-14 - Contest of Violation › Section 4167-14-01 - Contests of citations

Current through all regulations passed and filed through July 1, 2024
(A) Any contest
			 of a citation must be 
								sent
			 within fourteen calendar days of the receipt of the citation and be mailed
			 or emailed to the superintendent at the
			  address
			 or email address provided on the citation.
(1) A public employer to whom a citation has
			 been issued may contest all, or any part of, the citation.
(2)
									
									The public employer, or any public employee or
			 public employee representative, may contest the
			 time period fixed in the citation for the abatement of a violation.
(3)
									The postmark
			 date, or the date the email was sent, determines whether the contest of a
			 citation is timely filed.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-14 - Contest of Violation › Section 4167-14-02 - Hearings and appeals

Current through all regulations passed and filed through July 1, 2024
(A) Definitions.
For purposes of this rule:
(1) "Affected party" means any public
			 employer, public employee, or public employee representative affected by an
			 order, rule or Ohio employment risk reduction standard proposed, adopted, or
			 otherwise issued pursuant to this chapter.
(2) "Program action" means the proposal,
			 adoption, or issuance of the order, rule, or standard under this
			 chapter.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-15 - Exemption Application › Section 4167-15-01 - Safety partnership agreements

Current through all regulations passed and filed through July 1, 2024
(A) The
			 superintendent shall establish a policy and procedures for a safety partnership
			 agreement (SPA) between the public employment risk reduction program (PERRP)
			 and a participating public employer establishment
			 that includes  eligibility criteria for
			 participation.
(B) The minimum
			 eligibility criteria for an SPA are:
(1) The public employer
			 establishment has an active workers' compensation
			 policy and is current with respect to all payments due the bureau
			 of workers' compensation, as defined in paragraph
			 (A)(1)(b) of rule
			 4123-17-14 of the Administrative
			 Code.
(2) The
			 public employer establishment has an injury and
			 illness history with both a TRC incidence rate and
			 DART case incidence rate, as are defined in rule
			 4167-1-01 of the Administrative
			 Code, that are less than the respective expected aggregate incidence rate
			 for all Ohio public employment sectors.
(a)
			 The calculations shall be based on the most recent three calendar year history
			 of injuries and illnesses experienced by the public employer
			 establishment.
(b) The calculated three
			 - year TRC incidence
			 rate and DART case incidence rates shall be
			 below the upper limit of the ninety-five per cent confidence interval range of
			 the most recent expected aggregate incidence rates for all Ohio public
			 employment sectors published by PERRP.
(3) The public employer
			 establishment shall establish and maintain a
			 safety committee with both public employees and public
			 employee representatives of the public employer establishment. A public employer
			 establishment that employs five or fewer public
			 employees is not required to have a safety committee.
(4) The public employer
			 establishment shall not have any of the
			 following:
(a) Open PERRP enforcement
			 investigations, as defined in rule
			 4167-1-01 of the Administrative
			 Code;
(b) Pending or open
			 contested citations or notices under appeal at the time of application;
			 or
(c) Unresolved, outstanding enforcement
			 actions, such as long-term abatement.
(5) The public employer
			 establishment shall agree to comprehensive
			 employment risk reduction inspections that serve as a baseline safety and
			 industrial hygiene analysis of the public
			 employer establishment and for determining progress toward meeting the
			 objectives of 
									an SPA.
Ohio Administrative Code › Title 4167 - Public Employment Risk Reduction Program › Chapter 4167-15 - Exemption Application › Section 4167-15-02 - Safety partnership agreement termination or suspension

Current through all regulations passed and filed through July 1, 2024
(A) The
			 superintendent shall terminate a safety partnership agreement (SPA)
			 with a public employer establishment if
			 the
			 participating public employer establishment fails to meet the minimum
			 criteria for an agreement in paragraph (B) of rule
			 4167-15-01 of the Administrative
			 Code or, if one or more of the following occurs:
(1) A 
									public employment
			 risk reduction program enforcement inspection, as
			 defined in rule
			 4167-1-01 of the Administrative
			 Code, results in one or more citations and the public employer establishment does not correct the hazardous
			 condition(s) within the time frame specified in the citation.
(2) The 
									participating
			 public employer establishment refuses to implement corrective action for
			 hazards identified during an employment risk reduction inspection
			 as defined in rule
			 4167-1-01 of the Administrative
			 Code.
(3) The superintendent
			 becomes aware of one or more significant deficiencies in the
			  safety and health management
			 system of the participating public employer
			 establishment, and the superintendent is unable to obtain assurances that
			 the 
									participating public employer establishment remains
			 committed to the SPA.
(4) The
			 participating public employer
			 establishment voluntary withdraws from
			 
									the
			 SPA.
Ohio Administrative Code › Title 4301 - Division of Liquor Control › Chapter 4301-1 - General Provisions › Section 4301-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) As used in this
			 chapter and Chapters 4301-2, 4301-3, 4301-5, and 4301-9 of the Administrative
			 Code, all words and phrases defined in 
								Chapter 4301. or 4303. of the
			 Revised Code shall have the same meaning as defined therein.
(B) For purposes of this chapter and Chapters
			 4301-2, 4301-3, 4301-5, and 4301-9 of the Administrative Code:
(1) The word "broker" means a company that
			 solicits sales of alcoholic beverages on behalf of a manufacturer or supplier
			 but does not take possession of the alcoholic beverages in Ohio except as
			 provided for either in Chapter 4301. or 4303. of
			 the Revised Code, or in rules promulgated
			 thereunder.
(2) The word
			 "solicitor" means an individual who solicits Ohio
			 liquor permit holders or the division of liquor control for sales of
			 alcoholic beverages on behalf of a manufacturer, supplier, wholesale
			 distributor, or broker but does not take possession of the alcoholic beverages
			 in Ohio, except as provided for either in Chapter
			 4301. or 4303. of the Revised Code, or in rules
			 promulgated thereunder.
(3) The
			 word "supplier" means a company that sells alcoholic beverages in Ohio for
			 resale at wholesale. A supplier does not manufacture or take possession of the
			 alcoholic beverages in Ohio except as provided for either in Chapter 4301. or 4303. of the Revised Code,
			 or in rules promulgated thereunder.
Ohio Administrative Code › Title 4301 - Division of Liquor Control › Chapter 4301-1 - General Provisions › Section 4301-1-02 - Expansion and diminution of permit premises

Current through all regulations passed and filed through July 1, 2024
(A) A permit holder who desires an expansion
			 or diminution of its permit premises shall file its request with the
			 division
								on a form made available by the division that
			 includes a sketch indicating the proposed change. Any request for
			 expansion or diminution must be submitted by the permit holder, a
			 general partner  of a partnership, a managing member of a
			 limited liability company, a person owning or controlling five per cent or more
			 of the outstanding shares of a corporation, a person owning or controlling five
			 per cent or more of either the voting interests or membership interests in a
			 limited liability company, or any officer of the permit holder, who is approved
			 by and on file with the division.
(1)
			 Notwithstanding the provisions of section
			 4303.27
			 of the Revised Code, temporary expansions or diminutions of permit premises
			 shall not be approved.
(2)
			 Notification of the police or legislative authority is not required for the
			 division to process, approve, or deny an expansion or diminution
			 request.
Ohio Administrative Code › Title 4301 - Division of Liquor Control › Chapter 4301-1 - General Provisions › Section 4301-1-04 - Citation review board

Current through all regulations passed and filed through July 1, 2024
The citation review board shall exist and be located within the
				division of liquor control of the department of commerce. The citation review
				board shall consist of the 
								chief of the licensing section, the division
				legal counsel, one staff attorney designated by the division legal counsel, the
				chief of the beer and wine section, and the 
								chief of
				investigative services, or their designates. The citation review board shall
				review citations that are deemed by the superintendent to be appropriate for
				further review. After discussion and a vote, the citation review board shall
				make recommendations to the superintendent regarding the disposition of
				citations. The division legal counsel shall chair the citation review board. At
				the request of the chair, the assistant attorney general who is the coordinator
				of the liquor unit of the office of the attorney general, or the unit
				coordinator's designate, shall attend meetings of the citation review board and
				provide legal advice. A journal shall be maintained in the superintendent's
				office of the citations considered by the citation review board, the
				recommendations made, and the record of dismissal or non-dismissal of each
				citation.
Ohio Administrative Code › Title 4301 - Division of Liquor Control › Chapter 4301-2 - Registering Solicitors › Section 4301-2-01 - Registered solicitors

Current through all regulations passed and filed through July 1, 2024
(A) Registration of individuals soliciting
			 permit holders.
(1) Any manufacturer,
			 supplier, wholesale distributor, 
			 broker, or a trade marketing company, of beer,
			 wine, or mixed beverages
									that are to be sold or made in the state of Ohio,
			 who is licensed or otherwise authorized to do business in Ohio, may employ
			 individuals to serve as agents, solicitors, trade marketing professionals, or
			 salespersons to solicit Ohio liquor permit holders. Any individual acting as
			 such an agent, solicitor, trade marketing professional, or salesperson shall be
			 required to register with the division every two years upon the anniversary of
			 the individual's date of registration. The individual shall submit a
			 registration form provided by the division for that purpose. Registered
			 solicitors shall, from time to time, furnish additional information as the
			 division may desire. The registration form must be accompanied by a letter from
			 the manufacturer, supplier, wholesale distributor, or broker of the product, or the trade marketing company stating that the
			 individual desiring to be registered is authorized to
			 represent the brand, and
			 setting out the nature of the individual's duties in the state of
			 Ohio.
(2) Upon receipt of the
			 registration form, the division may, in its discretion, issue credentials
			 authorizing the individual to act as a registered solicitor in accordance with
			 Chapters 4301. and 4303. of the Revised Code, and rules adopted thereunder. If
			 the division refuses to issue credentials, it shall notify the applicant, in
			 writing and within thirty days not including Saturdays, Sundays, or holidays of
			 receipt of the registration form as to the grounds for refusal. Refusal to
			 issue credentials may be appealed to the liquor control commission pursuant to
			 section
			 4301.28
			 of the Revised Code.
(3) A
			 manufacturer, supplier, wholesale distributor, or broker of beer, wine, or
			 mixed beverages, may provide samples of its beer, wine, and mixed beverage
			 products, which are registered for sale in Ohio, directly to its registered
			 solicitors for distribution in accordance with rule
			 4301:1-1-32 of the
			 Administrative Code.
(4) Upon
			 termination of employment of a registered solicitor, the employer shall notify
			 the division in writing and within fifteen days of the termination. The
			 registered solicitor must immediately return the credentials and any samples in
			 the solicitor's possession to the employer, who shall forward the credentials
			 to the division within fifteen days of the termination.
(5) Permit holders may inspect the registered
			 solicitor's credentials before placing an order to purchase with
			 them.
(6) Registered solicitors may
			 only solicit orders on behalf of the employer identified on their
			 credentials.
Ohio Administrative Code › Title 4301 - Division of Liquor Control › Chapter 4301-7 - Public Notice of Hearings › Section 4301-7-01 - Public notice of proposed rules

Current through all regulations passed and filed through July 1, 2024
(A) Whenever the division proposes to adopt,
			 amend, or rescind any rule, the division will hold a public hearing. The
			 hearing will be held in accordance with the requirements of section
			 119.03 of the Revised Code.
(B) Pursuant to sections
			 119.03 and
			 119.037 of the Revised Code,
			 public notice of the rule hearing shall be published in the register of Ohio on
			 the internet at
http://www.registerofohio.state.oh.us
.
(C) The superintendent of the
			 division shall give additional notice of such public hearing as he or she deems
			 necessary. The giving of such additional notice shall not be mandatory, and
			 failure to give notice by any means other than as specified in paragraph (B) of
			 this rule shall not in any way invalidate any action that may be taken by the
			 superintendent.
Five Year Review (FYR) Dates:
				06/01/2016 and
				06/01/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 119.03
Rule
				Amplifies: 4301.021,
				4301.10,
				4301.101
Prior
				Effective Dates: 12/24/59, 10/27/87 (Emer.), 5/15/88, 8/31/98,
				10/31/03
Ohio Administrative Code › Title 4301 - Division of Liquor Control › Chapter 4301-9 - Public Notice › Section 4301-9-01 - Electronic funds transfers: requirement and prohibitions

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 this rule, "Electronic Funds Transfer" or "EFT" means a transfer of funds
			 initiated through an electronic device for the purpose of ordering,
			 instructing, or authorizing a financial institution to debit or credit an
			 account.
(B) In accordance with
			 section
			 4301.24
			 of the Revised Code, which prohibits the purchase of beer, wine, or mixed
			 beverages at wholesale on credit, purchases of beer, wine, or mixed beverages
			 at wholesale may be paid for by cash, check, debit card, credit card, money
			 order, or electronic funds transfer.
(C) Electronic funds transfers are
			 permissible under the following conditions:
(1) Any agreement to engage in EFT for the
			 payment of beer, wine, or mixed beverages between manufacturers, wholesale
			 distributors, or retail permit holders must be voluntary and must be in
			 writing. No manufacturer, wholesale distributor, or retail permit holder may
			 refuse to do business with or otherwise limit business with another
			 manufacturer, wholesale distributor, or retail permit holder for declining to
			 engage in EFT as payment for beer, wine, or mixed beverages.
(2) In a transaction where EFT is to be the
			 form of payment, such fact shall be noted on the invoice at the time of
			 delivery, acknowledged in writing by the purchaser or their agent, and shall
			 constitute an irrevocable promise to pay. All parties to EFT transactions will
			 maintain records of the transactions for two years from the date of the
			 transactions, and make the records available for inspection by the division,
			 upon request.
(3) Initiation of the
			 electronic transfer of funds must occur on or before the next available
			 business day after the delivery of the product.
(4) Any EFT transaction that is not completed
			 due to insufficient funds is subject to the provisions of paragraph (I) of rule
			 4301:1-1-43
			 of the Administrative Code.
(5)
			 Each party engaging in EFT must pay their own costs associated with
			 EFT.
(6) No manufacturer, wholesale
			 distributor, or retail permit holder may require the party with whom they are
			 engaging in EFT to use software or hardware that are specific to either
			 party.
Ohio Administrative Code › Title 4301 - Division of Liquor Control › Chapter 4301-9 - Public Notice › Section 4301-9-02 - Electronic data interchange

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of this rule, "Electronic
			 Data Interchange" or "EDI" means a transfer of information initiated through an
			 electronic device among persons engaged in the manufacture, distribution, and
			 retail sale of alcoholic beverages.
(B) In accordance with section
			 4301.10(A)(9) 
			 of the Revised Code, which encourages the establishment of an electronic
			 exchange of information, electronic data interchange or EDI is hereby
			 permitted.
(C) Electronic data
			 interchange is permissible under the following conditions:
(1) Any agreement to engage in EDI for the
			 transfer of information between manufacturers, wholesale distributors, or
			 retail permit holders must be voluntary and must be in writing. No
			 manufacturer, wholesale distributor, or retail permit holder may refuse to do
			 business with or otherwise limit business with another manufacturer, wholesale
			 distributor, or retail permit holder for declining to engage in EDI.
(2) All parties to EDI transactions will
			 maintain records of such transactions for two years from the date of the
			 transactions, and make the records available for inspection by the division,
			 upon request.
(3) Each party
			 engaging in EDI must pay their own costs associated with EDI.
(4) No wholesale distributor or retail permit
			 holder engaging in EDI may require the use of software or hardware that is
			 specific to either party.
Ohio Administrative Code › Title 4301:1 - Liquor Control Commission › Chapter 4301:1-1 - General Provisions › Section 4301:1-1-01 - Title and validity

Current through all regulations passed and filed through July 1, 2024
The following rules shall be known as "The Rules of the Liquor
				Control Commission of Ohio."
If any portion of these rules, or the application thereof shall
				be found to be invalid by a court of law, such invalidity shall not affect the
				remaining portion or application of these rules that can be given effect
				without the invalid portion or application, provided such remaining portion or
				application is not determined by the court to be inseparable, and to this end
				the rules are declared to be severable.
Five Year Review (FYR) Dates:
				1/29/2018 and
				01/28/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 4301.03
Rule
				Amplifies: 4301.03
Prior
				Effective Dates: 7/5/50, 9/1/81,
				6/20/02