Chapter 4167-6 Recording and Reporting Injury and Illness

4167-6-01 Recording and reporting occupational injuries and illnesses.

(A) Each public employer shall maintain records and make report to the superintendent in accordance with this rule.

(1) All reports shall be submitted on forms proscribed by the superintendent.

(2) Records shall be established on a calendar year basis.

(3) The superintendent may issue a citation for failure to comply with this rule.

(B) Records retention and access to records.

(1) All records and reports required under this chapter shall be retained for five years at the establishment following the end of the year to which they relate.

(2) Each employer shall make any records required under this rule available to the superintendent upon the superintendent's request.

(3) The log and summary of all recordable occupational injuries and illnesses required under paragraph (C) of this rule shall be made available by the employer to any employee, former employee, or employee representatives for examination, and copying in a recordable manner and at reasonable times.

(C) Log and summary of work-related injuries and illnesses.

(1) Each employer shall maintain, for each establishment, a separate log and summary of all work-related injuries and illnesses for that establishment.

(2) Each recordable injury and illness must be entered on the log and summary as early as practicable but no later than six working days after receiving information that a recordable injury or illness has occurred.

(3) The log and summary shall be on a form prescribed by the superintendent, or an equivalent as described in paragraph (D)(2) of this rule.

(D) Supplementary record.

(1) In addition to the log and summary of work-related injuries and illnesses required under paragraph (C) of this rule, each public employer shall have available for inspection at each establishment within six working days after receiving information that a recordable accident case has occurred, a supplementary record for each occupational injury or illness for that establishment.

(2) The supplementary record shall be on a form prescribed by the superintendent, or equivalent records that meet the following requirements, as determined by the superintendent:

(a) The records must contain the same information contained on the form prescribed by the superintendent;

(b) The records must be as readable and comprehensible as the form prescribed by the superintendent;

(c) The records must be completed in as much detail as required by the instructions for the form prescribed by the superintendent; and

(d) The records must meet the recording guidelines and instructions issued by the U.S. department of labor's bureau of labor statistics. For purposes of this rule, the exemptions referred to in the instructions issued by the U.S. department of labor's bureau of labor statistics do not apply.

(E) Annual summary.

(1) The annual summary shall be completed on a form prescribed by the superintendent, or an equivalent as described in paragraph (D)(2) of this rule. Each annual summary shall include the employer's policy (risk) number.

(2) The annual summary shall be submitted to the public employment risk reduction program by February first for the previous calendar year. An employer with less than five employees that has had no reportable injuries is exempted from this requirement.

(3) Each employer, or representative of the employer who supervises the preparation of the log and summary of occupational injuries and illnesses, shall certify that the annual summary of occupational injuries and illnesses is true and complete.

If a false statement, representation, or certification of these records is knowingly given, the administrator may seek an injunction, restraining order, or any other appropriate relief against the public employer pursuant to section 4167.17 of the Revised Code.

(4) Each public employer shall post a copy of each establishment's annual summary at each establishment from February first through April thirtieth of the year after the year to which the summary pertains. The annual summary must be posted in the same manner that notices are required to be posted under rule 4167-4-01 of the Administrative Code.

Replaces: 4167-6-01, 4167-6-02, 4167-6-03, 4167-6-04, 4167-6-05, 4167-6-07, 4167-6-08

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: 4167.11
Prior Effective Dates: 7/1/94, 1/15/96, 11/15/96, 8/1/01, 4/25/03, 2/22/05, 2/15/09

4167-6-02 [Rescinded]Log and summary of work-related injuries and illnesses.

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
Rule Amplifies: 4167.11
Prior Effective Dates: 7/1/94, 11/15/96, 2/15/09

4167-6-03 [Rescinded]Supplementary record.

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
Rule Amplifies: 4167.11
Prior Effective Dates: 7/1/94, 11/15/96, 2/22/05, 2/15/09

4167-6-04 [Rescinded]Annual summary.

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
Rule Amplifies: 4167.11
Prior Effective Dates: 7/1/94, 1/15/96, 4/25/03, 2/22/05, 2/15/09

4167-6-05 [Rescinded]Falsification and failure to keep records or reports.

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
Rule Amplifies: 4167.11
Prior Effective Dates: 7/1/94, 11/15/96, 2/15/09

4167-6-06 Reporting to the Ohio bureau of workers' compensation. [Rescinded].

Rescinded eff 2-15-09

4167-6-07 [Rescinded]Retention of records.

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
Rule Amplifies: 4167.11
Prior Effective Dates: 7/1/94, 11/15/96, 2/15/09

4167-6-08 [Rescinded]Access to records.

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
Rule Amplifies: 4167.11
Prior Effective Dates: 7/1/94; 11/15/96; 8/1/01

4167-6-09 Records for substances required to be monitored or measured.

(A) Each public employer shall maintain accurate records of public employee exposure to potentially toxic materials, carcinogenic materials, and harmful physical agents that are required to be monitored or measured under any Ohio public employment risk reduction standard.

(B) Each affected public employee or public employee representative shall have the opportunity to observe and/or participate in any monitoring or measuring of such regulated exposures.

(C) An affected public employee or public employee representative may undertake his or her own monitoring or measuring of such regulated exposures.

(D) A public employer who monitors or measures a regulated exposure shall provide access to those records upon request of an affected current or former public employee or a public employee representative regarding the individual employee's exposure. A public employee or public employee representative who monitors or measures a regulated exposure shall also provide access to those records on request of the public employer and/or affected employees.

R.C. 119.032 review dates: 10/09/2013 and 10/01/2018
Promulgated Under: 119.03
Statutory Authority: 4167.02
Rule Amplifies: 4167.11
Prior Effective Dates: 7/1/94, 11/15/96

4167-6-10 Reporting of fatality or multiple hospitalization accidents.

(A) Definitions.

For purposes of this rule:

(1) "Multiple hospitalization" means the hospitalization of three or more public employees as the result of a work-related incident. Such hospitalization must:

(a) Be an admission to a hospital or equivalent facility; an employee that is treated then released is not considered hospitalized for purposes of this rule.

(b) Occur within thirty days of an incident.

(B) Within eight hours after the death of any employee from a work-related incident or the in-patient hospitalization of three or more employees as a result of a work-related incident, the employer of any employees so affected shall orally report the incident to the superintendent at the phone number indicated on the poster required under rule 4167-4-01 of the Administrative Code.

(C) If the employer does not learn of a reportable incident at the time it occurs , the employer shall make an initial report within eight hours of the time the incident is reported to any employer or agent of the employer.

(D) Each initial report required by this section shall relate the following information: establishment name, location of the incident, time of the incident, number of fatalities or hospitalized employees, contact person for the employer, phone number, and a brief description of the incident.

(E) The superintendent shall develop and implement policies and procedures to obtain detailed information of incidents within ten days of the incident or when reported to the employer or agent of the employer. Such information includes, but is not limited to:

(1) Causes or factors;

(2) Test results;

(3) Masurements;

(4) Witness statements;

(5) Follow-up actions; and

(6) Evaluations of work processes.

Effective: 01/01/2014
R.C. 119.032 review dates: 10/09/2013 and 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4121.12 , 4121.121 , 4167.02
Rule Amplifies: 4167.11
Prior Effective Dates: 3/20/95; 11/15/96; 8/1/01

4167-6-11 Needlestick records.

(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 this chapter, the employer of any public health care worker 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 superintendent. 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.

Replaces: 4167-3-06

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 , 4167.11
Rule Amplifies: 4167.28
Prior Effective Dates: 8/1/01, 2/15/09