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