4167-2-04 Inspection and enforcement procedure.

(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.

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