(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.
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