Chapter 4167-3 Adoption of Federal Standards; Ohio Specific Safety Standards

4167-3-01 Employment risk reduction standards.

Pursuant to section 4167.07 of the Revised Code, the following occupational safety and health standards promulgated by the United States secretary of labor are adopted as Ohio employment risk reduction standards:

(A) The "Occupational Safety and Health Act of 1970," 84 Stat. 1590, 29 U.C.S.A. 651 as amended.

(B) The Code of Federal Regulations, Title 29, Subtitle b, Chapter XVII, Part 1910 occupational safety and health standards Subpart C to and including Subpart T and Subpart Z.

(C) The standards of Part 1926, Subpart C to and including Subpart X, with the exclusion of standards 29 CFR 1910.96, 1910.97 , 1926.53 , and 1926.54 .

(D) The Code of Federal Regulations, Title 29, Subtitle B, Chapter XVII, Part 1910 occupational safety and health standards 1910.132, 1910.133, 1910.135, 1910.136, and 1910.138.

(E) The Code of Federal Regulations, Title 29, Subtitle B, Chapter XVII, Part 1928 occupational safety and health standards.

Replaces: 4167-3-01, 4167-3-02, 4167-3-03

Effective: 01/01/2014
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4121.12 , 4121.121 , 4167.02 , 4167.07
Rule Amplifies: 4167.07
Prior Effective Dates: 7/1/94, 11/15/96

4167-3-02 Emergency temporary standards.

(A) An emergency temporary Ohio employment risk reduction standard shall be issued if the superintendent finds both of the following:

(1) Public employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards; and

(2) The emergency standard is necessary to protect employees from the danger.

(B) The emergency standard shall take effect immediately upon publication in newspapers of general circulation in Cleveland, Columbus, Cincinnati, and Toledo.

(1) Such emergency standard shall be in effect no longer than fifteen days, unless the administrator approves the standard, in which case the standard shall be in effect no longer than one hundred twenty days after issuance by the superintendent.

(2) The superintendent may renew an emergency standard approved by the administrator for a time period not to exceed one hundred days if the conditions prompting the emergency standard continue to exist.

(C) The administrator, with the advice and consent of the board of directors, shall adopt a permanent Ohio public employment risk reduction standard to replace the emergency standard on or before the final expiration date of the temporary emergency standard if the conditions prompting the emergency standard are expected to persist.

Replaces: 4167-3-02

Effective: 01/01/2014
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4121.12 , 4121.121 , 4167.02 , 4167.07
Rule Amplifies: 4167.07
Prior Effective Dates: 8/15/94, 11/15/96

4167-3-03 Amending of existing standards.

(A) The administrator, with the advice and consent of the bureau of workers' compensation board of directors, has the authority to amend Ohio employment risk reduction standards.

(B) The Ohio employment risk reduction standards are amended as referenced by:

(1) U.S. department of labor [OSHA, 1994] " 29 CFR 1910 and 1926; safety standards for fall protection in the construction industry; final rule." Federal register, vol. 59, no. 152., pages 40729 through and including 40753, August 10, 1994.

(2) U.S. department of labor [OSHA, 1994] " 29 CFR 1910 and 1926; occupational exposure to asbestos; final rule." Federal register, vol. 59, no. 153., pages 41057 through and including 41162, August 10, 1994.

(3) U.S. department of labor [OSHA, 1994] " 29 CFR 1910, 1926, and 1928; retention of D.O.T. markings, placards, and labels; final rule." Federal register, vol. 59, no. 137., pages 36695 through and including 36700, July 19, 1994.

(4) U.S. department of labor [OSHA, 1994] " 29 CFR 1910.120 and 1926.65 ; hazardous waste operations and emergency response; final rule." Federal register, vol. 59, no. 161., pages 43270 through and including 43280, August 22, 1994.

(5) U.S. department of labor [OSHA, 1994] " 29 CFR 1910 and 1928; logging operations; final rule." Federal register, vol. 59, no. 196, pages 51672 through and including 51748, October 12, 1994.

(6) U.S. department of labor [OSHA, 1996] " 29 CFR 1910 and 1926; safety standards for scaffolds used in the construction industry, final rule." Federal register, vol. 61, no. 170, pages 46104 through and including 46131, August 30, 1996.

(7) U.S. department of labor [OSHA, 1996] " 29 CFR 1910 and 1926; occupational exposure to asbestos, tremolite, anthophylite, and actinolite; final rule: corrections." Federal register, vol. 61, no. 165, pages 43456 through and including 43459, August 23, 1996.

(8) U.S. department of labor [OSHA, 1996] " 29 CFR 1910, et al. occupational exposure to 1, 3-butadiene; final rule." Federal register, vol. 61, no. 214, pages 56831 through and including 56856, November 4, 1996.

(9) U.S. department of labor [OSHA, 1997] " 29 CFR 1910, 1915, 1926, et al. occupational exposure to methylene chloride; final rule." Federal register, vol. 62, no. 7, pages 1601 through and including 1619, Friday, January 10, 1997.

(10) U.S. department of labor [OSHA, 1998] " 29 CFR 1910.134 and 1926.103 changed designation to 1910.139; respiratory protection; final rule." Federal register vol. 63, no 5, pages 1152 through and including 1300, January 8, 1998.

(11) U.S. department of labor [OSHA, 1998] " 29 CFR 1910.1052 ; 1910.1025; 1910.1047 and 1910.1048. methylene chloride; final rule." Federal register, vol. 63, no. 183, pages 50711-50732. September 22, 1998.

(12) U.S. department of labor [OSHA, 1998] " 29 CFR 1910.141 ; 1910.142; 1910.145; 1910.146; 1910.147. permit required confined space; final rule." Federal register, vol. 63, no. 230, pages 66018 through and including 66040, December 1, 1998.

(13) U.S. department of labor [OSHA, 1998] " 29 CFR 1910.178 ; and 1926.602. powered industrial truck operator training; final rule." Federal register, vol. 63, no. 230, pages 66238 through and including 66274, December 1, 1998.

(14) U.S. department of labor [OSHA, 1999] " 29 CFR 1910.103 , 1910.16 through 1910.111 , and 1910.119 , 1910.120 , and 1910.122 through 1910.126 also issued under 29 CFR part 1911. dipping and coating operations; final rule." Federal register, vol. 64, no. 55, pages 13909 through and including 13912, March 23, 1999.

(15) U.S. department of labor [OSHA, 2001] " 29 CFR part 1910; occupational exposure to bloodborne pathogens; needlesticks and other sharps injuries; final rule." Federal register, vol. 66, no. 12, pages 5324 and 5325, January 18, 2001.

(16) U.S. department of labor [OSHA, 2001] " 29 CFR 1926 -amended; changes to subpart M and subpart R; steel erection." Federal register, vol. 66, no. 12, pages 5265 through and including 5280, January 8, 2001.

(17) U.S. department of labor [OSHA, 2002] " 29 CFR 1926.200 ; 1926.201; 1926.202; and 1926.203, safety standards for signs, signals, and barricades; final rule." Federal register, vol. 67, no.177, pages 57722 through and including 57736, Thursday, September 12, 2002, except 29 CFR 1926.200(g)(2) and 29 CFR 1926.202 .

(18) U.S. department of labor [OSHA, 2002] " 29 CFR 1910.33 through 1910.39 , and 1910.119 ; 1910.120; 1910.157; 1910.268; 1910.272; 1910.1047; 1910.1050 and 1910.1051, exit routes, emergency action plans, and fire prevention plans; final rule." Federal register, vol. 67, no.216, pages 67949 through and including 67965, Thursday, November 7, 2002.

(19) U.S. department of labor [OSHA, 2004] " 29 CFR 1910.401 ; 1910.402; 1910.424; and 1910.430. commercial diving operations; final rule." Federal register, vol. 69, no.31, pages 7351 through and including 7366, February 17, 2004.

(20) U.S. department of labor [OSHA, 2007] " 29 CFR 1910 - amended; changes to subpart S electrical." Federal register, vol. 72, No. 30, pages 7136 through and including 7221, February 14, 2007.

(21) U.S. department of labor [OSHA, 2007] " 29 CFR Parts 1910; 1915; 1917; 1918; and 1926 employer payment for personal protective equipment; final rule." Federal register, vol. 72, no. 220, pages 64341 through and including 64430, November 15, 2007.

(22) U.S. department of labor [OSHA, 2009] " 29 CFR Parts 1910; 1915; 1917; 1918; - amend; cutting and brazing, eye and face protection, foot protection, head protection, incorporation by reference, ventilation, and welding; final rule." Federal register, vol. 74, no. 173, pages 46350 through and including 46361, September 9, 2009.

(23) U.S. department of labor [OSHA, 2009] " 29 CFR Parts 1910; revising standards referenced in the acetylene standard. final rule." Federal Register, vol 74, no 216, pages 57883 through and including 57884, November 10, 2009.

(24) U.S. department of labor [OSHA, 2010] " 29 CFR Parts 1926; revising the cranes and derricks standard. final rule." Federal register, vol 75, no 215, pages 68429 through and including 68430, November 8, 2010.

(25) U.S. department of labor [OSHA, 2011] " 29 CFR Parts 1910; 1910.6; 1910.102, revising standards referenced in the acetylene standard. final rule." Federal register, vol. 76, no. 233, pages 75782 through and including 75786, December 5, 2011.

(26) U.S. department of labor [OSHA, 2012] " 29 CFR 1910; 1915; 1926; hazard communication. final rule." Federal register, vol. 77, no. 58, pages 17574 through and including 17896, March 26, 2012.

(27) U.S. department of labor [OSHA, 2012] " 29 CFR 1910, 1915, 1917, 1918, and 1926, updating OSHA standards based on national consensus standards; head protection. direct final rule." Federal register, vol. 77, no. 121, pages 37587 through and including 37600, June 22, 2012.

(28) U.S. department of labor [OSHA, 2013] " 29 CFR 1910, 1915, and 1926, hazard communication; corrections and technical amendment. final rule." Federal register, vol.78, no. 27, pages 9311 through and including 9315, February 8, 2013.

Replaces: 4167-3-03, 4167-3-04, 4167-3- 04.1, 4167-3- 04.2

Effective: 01/01/2014
Promulgated Under: 111.15
Statutory Authority: 4121.12 , 4121.21 , 4167.02 , 4167.07
Rule Amplifies: 4167.07
Prior Effective Dates: 11/7/94, 11/15/96, 12/16/96, 2/10/97, 8/14/98, 1/18/99, 3/15/99, 6/30/99, 6/1/01, 2/9/04, 5/8/04, 12/10/07, 11/3/08, 2/22/10, 3/11/11, 7/5/12

4167-3-04 [Rescinded]Amending of existing standards.

Effective: 01/01/2014
Promulgated Under: 111.15
Statutory Authority: 4121.12 , 4121.121 , 4167.02 , 4167.07
Rule Amplifies: 4167.07
Prior Effective Dates: 11/15/96, 12/16/96, 2/10/97, 8/14/98, 1/18/99, 3/15/99, 6/30/99, 6/30/99, 6/1/01, 2/9/04, 5/8/04, 12/10/07

4167-3-04.1 [Rescinded]Amending of existing standards by the bureau of worker's compensation division of safety and hygiene.

Effective: 01/01/2014
Promulgated Under: 111.15
Statutory Authority: 412112, 4121.121 , 4167.02 , 4167.07
Rule Amplifies: 4167.07
Prior Effective Dates: 12/10/07

4167-3-04.2 [Rescinded]Amending of standards.

Effective: 01/01/2014
Promulgated Under: 111.15
Statutory Authority: 4121.12 , 4121.121 , 4167.02 , 4167.07
Rule Amplifies: 4167.07
Prior Effective Dates: 12/10/07, 11/3/08, 2/22/10, 3/11/11, 7/5/12

4167-3-05 Ohio specific safety standards.

(A) Radiation standards.

(1) Ionizing radiation: Any use of ionizing radiation is to comply with the standards for protection against radiation promulgated by the United States nuclear regulatory commission set forth in 10 C.F.R. 20. For purposes of this section, radiation includes alpha particles, beta particles, gamma rays, xrays, neutrons, high speed electrons, high speed protons, and other atomic particles, but does not include sound or radio waves, visible light, infrared or ultraviolet light.

(2) Nonionizing radiation:

Any use of nonionizing radiation, specifically electromagnetic radiation, is to comply with the recommended standards of the American conference of governmental industrial hygienists.

(B) Traffic control standards.

Any use of traffic control devices by a public employer must comply with the Ohio manual of uniform traffic control devices promulgated by the Ohio department of transportation pursuant to section 4511.09 of the Revised Code.

(C) Bloodborne pathogen standards.

Each public employer of health care workers shall do the following:

(1) Include as a part of the employer's engineering and work practice controls, needleless systems, sharps that are manufactured with engineered sharps injury protection, and other devices that comply with the United States occupational safety and health administration's bloodborne pathogen standards as set forth in 29 C.F.R. 1910.1030 .

(2) Develop and implement a written exposure control plan that is consistent with the employment risk reduction standards for bloodborne pathogens as set forth in rules 4167-3-01 and 4167-3-03 of the Administrative Code, and update such plan at least once a year.

(3) Ensure that all public health care workers are trained in the use of engineering and work practice controls before undertaking any task with potential for exposure incidents.

(4) Maintain accurate records of health care exposure incidents, as required by rule 4167-6-11 of the Administrative Code.

Replaces: 4167-3-05

Effective: 01/01/2014
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4121.12 , 4121.121 , 4167.02 , 4167.07
Rule Amplifies: 4167.07
Prior Effective Dates: 11/15/96, 2/15/09

4167-3-06 [Rescinded]Safe needle standards.

Effective: 01/01/2014
R.C. 119.032 review dates: 10/09/2013
Promulgated Under: 119.03
Statutory Authority: 4121.12 , 4121.121 , 4167.02 , 4167.07 , 4167.11
Rule Amplifies: 4167.28
Prior Effective Dates: 8/1/01, 2/15/09