(A) On the effective date of this rule, each employer shall post and keep posted a notice or notices, to be furnished by the division, informing employees of the protections and obligations provided under the provisions of section 4167.11 of the Revised Code (see appendix to this rule).
(B) Such notice or notices shall be posted by the employer in each establishment in a conspicuous place or places where notices to employees are customarily posted. Each employer shall take steps to insure that such notices are not altered, defaced, or covered by other material.
(C) Where distinctly separate activities are performed at a single physical location (such as but not limited to multiple agencies residing in the same building), each activity shall be treated as a separate physical establishment, and a separate notice or notices shall be posted in each such establishment.
(D) Where employers are engaged in activities that are physically dispersed (such as but not limited to transportation and sanitary services), the required notice or notices shall be posted at the location to which employees report each day.
(E) Where employees do not usually work at, or report to, a single establishment (such as but not limited to field inspectors), such notice or notices shall be made available to each employee by other means (such as but not limited to providing a copy at least annually in a pay check) or providing a copy in an employee handbook.
(F) On the effective date of this rule, the employer may in lieu of paragraphs (A), (B), (C), and (D) of this rule elect to inform employees of their rights by other appropriate means (such as but not limited to providing a copy of the notice in an employee handbook). Under the conditions of this paragraph, the employer shall inform employees at the time of initial hire and at least annually thereafter of the protections and obligations under the provisions of section 4167.11 of the Revised Code (See appendix to this rule).
Appendix to Rule 4167-4-01
Ohio public employment risk reduction program
Safety and health protection
On the job
The public employment risk reduction act was enacted to provide safe and healthful working conditions for Ohio's public employees.
Employer duties: Each public employer shall provide a place of employment free from recognized hazards.
Employee duties: Each employee shall comply with all safety and health standards, rules, and regulations.
Enforcement: The division of safety and hygiene will:
1. Inspect job sites for unsafe and unhealthful conditions following a request to do so by a public employee, public employee representative, or public employer.
2. Issue citations requiring public employers to correct safety and health violations.
Refusal to work: Any public employee acting in good faith may refuse work under conditions reasonably believed to present an imminent danger of death or serious physical harm, provided that the condition is not such as normally exists or reasonably might be expected to occur in the normal and regular duties of the public employee. In the case of a refusal to work, the public employee must follow these three steps: and if all of the conditions in this rule are not met the public employee may be subject to disciplinary action pursuant to law or agreement.
1. Notify his or her immediate supervisor of the imminent danger condition.
2. Submit a written statement of the imminent danger to the superintendent as soon as practical.
Complaints: Any public employee or employee representative may file a complaint with the division of safety and hygiene of any unsafe or unhealthful condition or practice by letter, or by fax. Employees should initially attempt to have unsafe or unhealthful conditions corrected through their own procedures by contacting their immediate supervisor.
Inspections: The inspector will question privately a representative number of employees and management personnel concerning safety and health conditions in the workplace.
Citations: Following an inspection by the division of safety and hygiene, notice of violations issued to the public employer must be prominently posted at or near the place where the hazard was found.
Protection: Employees cannot be discharged or otherwise discriminated against in any manner for filing a complaint in accordance with the act or by instituting or causing to be instituted any provision of the Act. Discrimination complaints must be filed with the State Personnel Board of Review within sixty days of the discriminatory act or be pursued through provisions under a collective bargaining agreement.
Fatality/multiple hospitalization reporting: within eight (8) hours after a death of any employee from a work related incident, or the in-patient hospitalization of three or more employees, the employer is required to contact the division of safety and hygiene.
For additional information contact:
Ohio bureau of workers' compensation
Division of safety and hygiene
Public employment risk reduction program 13430 Yarmouth Drive, Pickerington, Ohio 43147
Phone: (614) 644-2246 (800) 671-6858
Fax: (614) 644-3133
Refusal To Work Phone: (614) 731-4380
Fatality/multiple hospitalization reporting phone: (614) 731-4380
Under provision of Rule 4167-4-01 of the Ohio Administrative Code, public employers must post this notice(or facsimile) in a conspicuous place where notices to employees are customarily posted. Minimum reproduction size of this notice is 8 1/2 by 14 inches. Alternatively, a copy of this notice can be given to each employee provided each employee is informed of the provisions of this notice at the time of initial hire and at least annually thereafter.
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: 4167.11
Prior Effective Dates: 9/12/94, 11/15/96, 8/15/01