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