Chapter 4167-2 Refusal to Work

(A) In accordance with division (A) of section 4167.06 of the Revised Code, 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 of death or serious harm to the public employee, provided that the condition is not as normally exists or reasonably might be expected to occur in the normal and regular duties of the public employee.

(B) In accordance with division (A) of section 4167.06 of the Revised Code, a public employee may refuse in good faith to perform assigned task(s) after all of the following conditions are met prior to the refusal of performing the assigned task(s):

(1) There is insufficient time to eliminate the danger through the inspection and enforcement procedures provided by section 4167.10 of the Revised Code.

(2) The danger is one that a reasonable person under the circumstances would conclude an imminent danger exists.

(3) Request their immediate supervisor or other supervisory representative of the employer to have the hazardous condition corrected.

(4) The public employer’s representative declines to correct the hazardous condition, or disputes that the condition is of such a nature as to pose an imminent danger of death or serious harm.

(C) A public employee who exercises his right to refuse work in accordance with paragraph (B) of this rule must or notify the superintendent or superintendent’s designee in a written statement, as soon as practical, of the condition that presents or presented an imminent danger of death or serious harm to the public employee. If, from the description provided, there is a reason to believe a hazardous condition exists that poses an imminent danger, a representative of the division of safety and hygiene shall attempt to contact the public employer and discuss the situation and means of correction.

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: 4167.02

Prior Effective Dates: 7/1/94, 11/15/96, 8/15/01

(A) In accordance with division (A) of section 4167.06 of the Revised Code, a public employee who has refused in good faith to perform assigned task(s) which he believes to pose an imminent hazard shall continue to receive full compensation for the tasks that would have been performed or the public employer reassigns the public employee, the public employer shall pay him his full compensation as if he were not reassigned when the employee has met all of the following conditions prior to the refusal of performing the assigned task(s) so long as the employee has followed the requirements of paragraph (B) of rule 4167-2-01 of the Administrative Code.

(B) A public employer will not discriminate against an employee in any manner for a good faith refusal to work.

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

Promulgated Under: 119.03

Statutory Authority: 4167.02

Rule Amplifies: 4167.02

Prior Effective Dates: 7/1/94, 11/15/96

A public employee who refuses to perform assigned tasks under which he believes to pose an imminent hazard and who fails to meet all of the requirements in paragraph (B) of rule 4167-2-01 of the Administrative Code, is subject to any disciplinary action provided by law or agreement between the public employee for a refusal to work, including, but not limited to suspension, nonpayment of wages for the duration of the refusal of work, or discharge.

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

Promulgated Under: 119.03

Statutory Authority: 4167.02

Rule Amplifies: 4167.02

Prior Effective Dates: 7/1/94, 11/15/96

(A) A public employee who has exercised his right to refuse work shall notify the superintendent in writing, signed by the employee, and shall detail the nature of the condition that presents an imminent danger. The notice must be sent as soon as practical after exercising the right to refuse work.

(B) Upon receipt of the notice, the superintendent or superintendent’s designee shall immediately contact the public employer and inform the employer of the notification. The superintendent shall also inform the employer that a representative of the division will immediately inspect the premises of the public employer.

(1) If, upon inspection the superintendent or superintendent’s designee finds that a hazardous condition exists, the superintendent, or the superintendent’s designee shall issue an order after consultation and upon recommendation of the superintendent, which prohibits the employment of any public employee or any continuing operation or process under such condition or practice until necessary steps are taken to correct or remove the condition or practice. The order shall not be effective for more than fifteen days.

(2) To extend such an order, the superintendent or superintendent’s designee shall petition the court of common pleas to extend the order and to require corrective action by the employer.

(3) Any party may appeal to a court of common pleas any final order of the superintendent within thirty days of the issuance of the final order.

(4) If, upon inspection, the superintendent or the superintendent’s designee determines that there are no reasonable grounds to believe an imminent danger does or did exist, the superintendent shall inform the public employee or public employee representative in writing of the determination. The public employee may be subject to any disciplinary action provided by law or agreement. A copy of the determination shall also be sent to the public employer.

HISTORY: Eff 7-1-94; 11-15-96; 8-1-01

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

Rule Amplifies: 4167.06

Prior Effective Dates: 7/1/94, 11/15/96, 8/1/01