Chapter 4167-15 Exemption Application

4167-15-01 Safety partnership agreement requirements.

(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 that includes the eligibility criteria for participation.

(B) The minimum eligibility criteria for a safety partnership agreement (SPA) are:

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

(2) The public employer has an injury and illness history with both a total recordable case (TRC) and a days away, restricted, and/or transfer (DART) case incidence rate 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.

(b) The calculated three year TRC and DART 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 shall establish and maintain a safety committee with both public employees and representatives of the public employer. A public employer that employs five or fewer public employees is not required to have a safety committee.

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

(a) Open PERRP enforcement investigations;

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

(c) Unresolved, outstanding enforcement actions such as long-term abatement.

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

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

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

Effective: 4/1/2018
Five Year Review (FYR) Dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4167.02, 4167.07
Rule Amplifies: 4167.02

4167-15-02 Agreement termination or suspension.

(A) The superintendent shall terminate a safety partnership agreement (SPA) if a participant 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 PERRP enforcement inspection results in one or more citations and the employer does not correct the hazardous condition(s) within the time frame specified in the citation.

(2) The participant refuses to implement corrective action for hazards identified during an employment risk reduction inspection.

(3) The superintendent becomes aware of one or more significant deficiencies in the participant's safety and health management system and the superintendent is unable to obtain assurances that the participant remains committed to the SPA.

(4) The participating employer voluntary withdraws from a SPA.

(B) The superintendent may suspend a SPA if one or more of the following occur or exist and until such time as the issue is resolved:

(1) A public employee of the participant dies because of an incident related to the public employee's employment;

(2) A public employee files a refusal to work with PERRP and an investigation finds the presence of an imminent danger condition in the workplace;

(3) A public employee files a valid complaint of unsafe working conditions and the public employer does not correct the hazardous conditions and respond within the thirty day period required in division (B)(2) of section 4167.10 of the Revised Code;

(4) A public employee of the public employer is hospitalized due to an incident that is related to the public employee's employment; or

(5) A condition or circumstance exists or occurs that the superintendent determines significantly increases the risk of injury and illness.

Effective: 4/1/2018
Five Year Review (FYR) Dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4167.02, 4167.07
Rule Amplifies: 4167.02