4167-5-01 Abatement dates.

(A) The abatement period shall be the shortest interval within which the employer can reasonably be expected to correct the violation, and abatement date shall be set forth in the citation as a specific date, not a number of days.

(B) In establishing the time limits in which a public employer must abate a violation under this section, the superintendent shall consider the following:

(1) The costs to the public employer;

(2) The size and financial resources of the public employer;

(2) The severity of the violation;

(4) The technological feasibility of the public employer's ability to comply with requirements of the citation;

(5) The possible present and future detriment to the health and safety of any public employee for failure of the public employer to comply with requirements of the citation; and

(6) Such other factors as the superintendent determines appropriate.

(C) After considering the factors in paragraph (B) of this rule, the superintendent may give the employer up to two years to comply with a violation and may extend that period an additional one year if determined appropriate.

Eff 7-1-94; 11-15-96; 8-15-01
Rule promulgated under: RC 119.03
Rule authorized by: RC 4167.02(F)
Rule amplifies: RC 4167.10
R.C. 119.032 review dates: 10/24/2008 and 10/01/2013