(A) Each public employer shall maintain records and make reports to the superintendent in accordance with this rule.
(1) All records and reports shall be maintained and submitted on forms 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.
(2) Records shall be established on a calendar year basis.
(3) The superintendent may issue a citation for failure to comply with this rule.
(4) 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.
(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.
(D) Injury and illness report.
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, an injury and illness report for each occupational injury or illness associated with that establishment.
(E) Annual summary.
(1) 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. The annual summary shall be submitted in a manner prescribed by the superintendent. An employer with five or fewer employees that has had no recordable injuries is exempted from this submission requirement.
(3) The highest ranking authority for each public employer, or the highest ranking management official at the employer's establishment, shall certify that the annual summary of occupational injuries and illnesses is true and complete.
(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.
(F) Bureau of labor statistics, United States department of labor.
A public employer who receives a "Survey of Occupational Injuries and Illnesses" form from the bureau of labor statistics (BLS), United States department of labor or a BLS designee, shall promptly complete the survey and return it following the instructions contained on the survey form.
(G) Needlestick records.
In addition to injury and illness records required in this section, each public employer shall maintain and make available to the superintendent accurate records of exposure incidents of needlesticks or sharps. Such records shall be maintained on a form prescribed by the superintendent.
Five Year Review (FYR) Dates: 1/10/2019 and 01/01/2024
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4167.07, 4167.02, 4121.121
Rule Amplifies: 4167.11
Prior Effective Dates: 07/01/1994, 11/15/1996, 08/01/2001, 04/25/2003, 02/22/2005, 02/15/2009, 01/01/2014, 12/10/2016