Lawriter - OAC - 4167-15-02 Agreement termination or suspension.

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