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Ohio Laws and Rules
Records shall be established on a calendar basis.
R.C. 119.032 review dates: 10/24/2008 and 10/01/2013
Promulgated Under: 119.03
Statutory Authority: 4167.02
Rule Amplifies: 4167.11
Prior Effective Dates: 7/1/94, 11/15/96
4167-6-02
Log and summary of work-related injuries and illnesses.
(A) Each employer shall, except as provided in paragraph (E) of this rule, maintain for each establishment a log and summary of all work-related injuries and illnesses for that establishment.
(B) For the purposes of this rule, the log and summary shall be the PERRP form no. 300P/300AP or equivalent. To be accepted as an acceptable alternative, the records must contain at least the same information contained on PERRP form no. 300P/300AP and be as readable and comprehensible to a person not familiar with PERRP form no. 300P/300AP.
(C) The log and summary shall be completed in the detail provided in the forms and instructions on PERRP form no. 300P/300AP or equivalent, and shall 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 to public employers defined in rule 4167-1-01 of the Administrative Code. The effective date for the PERRP log and summary form 300P/300AP shall begin no later than January 1, 2005.
(D) 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.
(E) A public employer may maintain the log of work-related injuries and illnesses at a place other than the establishment or by means of data processing equipment, or both when:
(1) There is available at the place where the log is maintained sufficient information to complete the log within six working days after receiving information that a recordable case has occurred, as required by paragraph (D) of this rule.
(2) At each of the employer's establishments, there is available a copy of the log which reflects separately the injury and illness experience of that establishment which is kept complete and current on a quarterly basis.
Effective: 02/15/2009
R.C.
119.032 review dates: 10/24/2008
and 10/01/2013
Promulgated Under:
119.03
Statutory
Authority:
4123.12,
4121.121,
4167.02
Rule
Amplifies:
4167.11
Prior
Effective Dates: 7/1/94, 11/15/96
4167-6-03
Supplementary record.
(A) In addition to the log and summary of work-related injuries and illnesses PERRP form no. 300P/300AP or equivalent, 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.
(B) For the purposes of this rule, the supplementary record shall be the PERRP form no. 301 P or equivalent. To be accepted as an acceptable alternative, the records must contain at least the same information required on the PERRP form no. 301 P. The effective date for the supplementary record PERRP form no. 301 P shall begin no later than January 1, 2005.
(C) The supplementary record shall be completed in the detail prescribed in the instructions accompanying the form no. 301 P.
Effective: 02/15/2009
R.C.
119.032 review dates: 10/24/2008
and 10/01/2013
Promulgated Under:
119.03
Statutory
Authority:
4123.12, 4123.121,
4167.02
Rule
Amplifies:
4167.11
Prior
Effective Dates: 7/1/94, 11/15/96, 2/22/05
(A) Each public employer shall post an annual summary of work-related injuries and illnesses for each establishment. The PERRP form no. 200AP or equivalent shall be used in presenting the summary.
(B) The annual summary shall be completed and thereafter posted by February first for the previous calendar year and shall remain in place until April thirtieth.
(1) A copy of the posted "Annual Summary of Work-Related Injuries and Illnesses" shall be submitted to the public employment risk reduction program by each February first for the previous calendar year beginning with the summary for the year 1998 and each year thereafter with the first 2002 annual summary submitted no later than October first 2003. Each annual summary shall include the employer's bureau of worker's compensation policy (risk) number.
(C) The summary shall consist of a copy of the year's totals from the PERRP form no. 200AP or equivalent and the following information from that form:
(1) The calendar year covered;
(2) Public employer's name;
(3) Establishment address;
(4) Certification, signature, title, and date, in accordance with paragraph (D) of this rule.
(D) 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. The certification shall be accomplished by affixing the signature of the employer, or the representative of the employer who supervises the preparation of the annual summary, at the bottom of the last page of the log and summary or by appending a separate statement to the log and summary certifying the summary is true and complete.
(E) Each public employer shall post a copy of the establishment's annual summary at each establishment in the same manner that notices are required to be posted in Chapter 4167-4 of the Administrative Code.
(F) The retention of these records shall be in accordance with rule 4167-6-07 of the Administrative Code.
Effective: 02/15/2009
R.C.
119.032 review dates: 10/24/2008
and 10/01/2013
Promulgated Under:
119.03
Statutory
Authority:
4123.12, 4123.121,
4167.02
Rule
Amplifies:
4167.11
Prior
Effective Dates: 7/1/94, 1/15/96, 4/25/03, 2/22/05
4167-6-05
Falsification and failure to keep records or reports.
(A) A failure to post a copy and submit of the establishment's annual summary shall result in the issuance of a citation.
(B) If a false statement, representation, or certification of these records is knowingly given, a willful failure to comply order will be issued.
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:
4167.11
Prior
Effective Dates: 7/1/94, 11/15/96
4167-6-06
Reporting to the Ohio bureau of workers' compensation. [Rescinded].
Rescinded eff 2-15-09
4167-6-07
Retention of records.
All records and reports required to be maintained in accordance with rules 4167-6-02, 4167-6-03, 4167-6-04 and 4167-6-05 of the Administrative Code shall be retained for five years at the establishment following the end of the year to which they relate.
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:
4167.11
Prior
Effective Dates: 7/1/94, 11/15/96
(A)Each employer shall provide, upon request, records provided under this rule for inspection and copying by any representative of the superintendent for the purposes of carrying out the provisions of the public employment risk reduction program.
(B) The log and summary of all recordable occupational injuries and illnesses provided for in rule 4167-6-02 of the Administrative Code 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.
Eff 7-1-94; 11-15-96;
8-1-01
Rule promulgated under: RC
119.03
Rule authorized
by: RC 4167.02
Rule
amplifies: RC
4167.11
R.C.
119.032 review dates: 10/24/2008
and 10/01/2013
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: 10/24/2008 and 10/01/2013
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) 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 fatality/multiple hospitalization by telephone, or in person, to the superintendent. The telephone number to use for reporting a fatality or a multiple hospitalization is the same telephone number as for reporting refusal to work issues, as found in the appendix to rule 4167-4-01 of the Administrative Code
(B) This requirement applies to each such fatality or hospitalization of three or more employees which occurs within thirty days of an incident.
(C) If the employer does not learn of a reportable incident at the time it occurs and the incident would otherwise be reportable under paragraphs (A) and (B) of this rule, 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, 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, the following:
(1) Causes or factors;
(2) test results;
(3) measurements;
(4) witness statements;
(5) follow-up actions; and
(6) evaluations of work processes.
Eff 3-20-95; 11-15-96;
8-1-01
Rule promulgated under: RC
119.03
Rule authorized
by: RC 4167.02(F)
Rule amplifies: RC
4167.11(B)
R.C.
119.032 review dates: 10/24/2008
and 10/01/2013