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

4167-3-01 Incorporation by reference.

(A) In accordance with division (A)(1) of section 4167.07 of the Revised Code, the public employment risk reduction advisory commission has adopted occupational safety and health standards by the United States secretary of labor pursuant to the "Occupational Safety and Health Act of 1970," 84 Stat. 1590, 29 U.C.S.A. 651 as amended.

(B) The public employment risk reduction advisory commission has hereby adopted from 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. In addition, the standards of Part 1926, Subpart C to and including Subpart X are incorporated in the Revised Code as Ohio public risk reduction standards with the exclusion of standards 29 CFR 1910.96, 29 CFR 1910.97, 29 CFR 1926.53, and 29 CFR 1926.54.

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

Promulgated Under: 119.03

Statutory Authority: 4121.12, 4121.121, 4167.07

Rule Amplifies: 4167.07

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

4167-3-02 Adoption of standards.

In accordance with division (A)(2)(A) of section 4167.07 of the Revised Code, the public employment risk reduction advisory commission has adopted 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 as Ohio employment risk reduction standards.

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: 4167.07

Prior Effective Dates: 8/15/94, 11/15/96

4167-3-03 Adoption of standards.

In accordance with division (A)(2)(a) of section 4167.07 of the Revised Code, the public employment risk reduction advisory commission has adopted the Code of Federal Regulations, Title 29, Subtitle B, Chapter XVII, Part 1928 occupational safety and health standards as Ohio employment risk reduction standards.

Promulgated Under: 119.03

Statutory Authority: 4121.12, 4121.121, 4167.02, 4167.07

Rule Amplifies: 4167.07

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

4167-3-04 Amending of existing standards.

In accordance with division (A)(2)(b) of section 4167.07 of the Revised Code, the public employment risk reduction advisory commission has amended Ohio employment risk reduction standards as referenced by:

(A) U.S. department of labor [OSHA, 1994] " 29 CFR 1910 and 29 CFR 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.

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

(C) U.S. department of labor [OSHA, 1994] " 29 CFR 1910, 29 CFR 1926, and 29 CFR 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.

(D) U.S. department of labor [OSHA, 1994] " 29 CFR 1910.120 and 29 CFR 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.

(E) U.S. department of labor [OSHA, 1994] " 29 CFR 1910 and 29 CFR 1928 ; logging operations; final rule." Federal register, vol. 59, pages 51672 through and including 51748, October 12, 994.

(F) U.S. department of labor [OSHA, 1996] " 29 CFR 1910 and 29 CFR 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.

(G) U.S. department of labor [OSHA, 1996] " 29 CFR 1910 and 29 CFR 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.

(H) 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.

(I) U.S. department of labor [OSHA, 1997] " 29 CFR 1910, 29 CFR 1915, 29 CFR 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.

(J) U.S. department of labor [OSHA, 1998] " 29 CFR 1910.134 and 29 CFR 1926.103 changed designation to 1910.139 ; respiratory protection; final rule." Federal register vol. 63, pages 1152 through and including 1300, April 8, 1998.

(K) 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, pages 50711-50732. September 22, 1998.

(L) 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.

(M) 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.

(N) U.S. department of labor [OSHA, 1999] " 29 CFR 1910.103, 29 CFR 1910.16 through 29 CFR 1910.111, and 29 CFR 1910.119, 29 CFR 1910.120, and 29 CFR 1910.122 through 29 CFR 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.

(O) 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.

(P) 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.

(Q) 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.

(R) U.S. department of labor [OSHA, 2002] " 29 CFR 1910.33 through 29 CFR 1910.39, and 29 CFR 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.

(S) 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.

Effective: 12/10/2007
Promulgated Under: 4167.07
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

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

Effective July 1, 2005, in accordance with division (A)(2)(b) of section 4167.07 of the Revised Code 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. Any rule adopted by the public employment risk reduction advisory commission pursuant to the rules of this chapter shall remain in effect unless amended or rescinded by the administrator.

Effective: 12/10/2007
Promulgated Under: 4167.07
Statutory Authority: 4121.12, 4121.121, 4167.02, 4167.07
Rule Amplifies: 4167.07

4167-3-04.2 Amending of standards.

In accordance with division (A)(2)(b) of section 4167.07 of the Revised Code, the administrator of workers' compensation, with the advise and consent of the bureau of workers' compensation board of directors, has amended Ohio employment risk reduction standards as referenced by:

(A) 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.

(B) 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.

(C) 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.

(D) 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.

(E) 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.

(F) 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.

(G) 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.

Effective: 07/05/2012
Promulgated Under: 4167.07
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

4167-3-05 Ohio specific safety standards.

(A) Radiation standards

(1) 1910.96 Ionizing radiation

Any utilization of ionizing radiation is to comply with 10 CFR 20, the exposure limits recently updated by the nuclear regulatory commission (NRC). For purposes of this section, radiation includes alpha particles, beta particles, gamma rays, x-rays, neutrons, high speed electrons, high speed protons, and other atomic particles, but such term does not include sound or radio waves, visible light, infrared or ultraviolet light.

(2) 1910.97 Nonionizing radiation

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

(3) 1926.53 Ionizing radiation

(a) In construction and related activities involving the use of sources of ionizing radiation, regulations of the nuclear regulatory commission (NRC) incorporated in 10 CFR 20 shall apply.

(b) Any activity which involves the use of regulated radioactive materials or radiation producing devices, shall be performed by competent persons trained in the proper and safe operation of such equipment.

(4) 1926.54 Nonionizing radiation

(a) Any construction and related activities involving the use of nonionizing radiation, is to comply with the recommended standards of the American conference of governmental industrial hygienists (ACGIH).

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: 4167.07
Prior Effective Dates: 11/15/96

4167-3-06 Safe needle standards.

(A) Definitions

(1) "Public health care worker" means a person who is employed by a public employer to provide health services or other services that carry with them the potential for exposure incidents to bloodborne pathogens, including a person employed by a public hospital or other public health care facility, a person employed by a public employer to provide home health care, and a person employed by a public employer as a firefighter, emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic.

(2) "Public health care worker" does not include a person who is employed by a public employer to provide dental services, treatment, or training or a dental student who is receiving training from a public employer.

(B) Needlestick records

In addition to records which may be required under the public employment risk reduction program identified under section 4167.11 of the Revised Code, the employer of any public employee is required to maintain and submit accurate records of public health care worker exposure incidents of needlesticks or sharps to the public employment risk reduction program. These records shall be submitted in a manner prescribed by the administrator. The records shall contain, at a minimum, the following information:

(1) The date and time of the incident;

(2) The type and brand of sharp involved;

(3) The job classification of each worker involved;

(4) The department or work area where the incident occurred;

(5) The procedure the worker was performing at the time of the incident;

(6) How the incident occurred;

(7) The body part involved;

(8) If the sharp involved in the incident was manufactured with engineered sharps injury protection, a specification of whether the incident occurred before, during, or after activation of the protective mechanism;

(9) If the sharp involved in the incident was not manufactured with engineered sharps injury protection, an assessment of whether and how the incident could have been prevented by a sharp with protection, and the basis for the assessment;

(10) Any other relevant description of the exposure incident.

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, 4167.11
Rule Amplifies: 4167.28
Prior Effective Dates: 8/1/01