Chapter 4167-11 Emergency Temporary Ohio Employment Risk Reduction Standards

(A) In the event of an emergency or unusual situation, the superintendent shall issue an emergency temporary Ohio employment risk reduction standard to take effect immediately upon publication in newspapers of general circulation in Cleveland, Columbus, Cincinnati, and Toledo.

(B) An emergency temporary standard shall 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 standard is necessary to protect employees from the danger.

(C) An emergency temporary Ohio public employment risk reduction standard shall be in effect no longer than fifteen days, unless the administrator approves the standard as issued by the superintendent, in which case the standard shall be in effect no longer than one hundred twenty days after the date the superintendent issues it.

(D) The superintendent may renew an emergency standard approved by the administrator for a time period not to exceed one hundred days if the conditions in paragraph (B) of this rule continue to exist.

(E) The administrator shall adopt a permanent Ohio public employment risk reduction standard to replace the emergency standard on or before the final expiration date of the temporary emergency standard if the conditions in paragraph (B) of this rule continue to exist.

Effective: 02/15/2009

R.C. 119.032 review dates: 10/24/2008 and 10/01/2013

Promulgated Under: 119.03

Statutory Authority: 4121.12, 4121.121, 4167.02, 4167.07

Rule Amplifies: 4167.08

Prior Effective Dates: 3/20/95, 11/15/96, 8/15/01