This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4123-20-01 | Application for subscription to the marine industry fund.
(A) Any employer doing business in the
state of Ohio and having, by reason of operations within the territorial
boundaries of this state, exposure to liability under the "United States
Longshoremen's and Harbor Workers' Compensation Act," 33 U.S.C.
section 901 et seq., may make application to the marine industry fund created
by section 4131.13 of the Revised Code. (B) An employer wishing to subscribe to
the marine industry fund shall complete an application for subscription
provided by the bureau of workers' compensation. No disposition will be
made of any such application until the same is complete, and no such
application will be deemed complete until all information requested by the
bureau in connection therewith is supplied. The bureau has the right to make
reasonable inspections of an applicant's place of business, and of any
records which may be pertinent to such applicant's application for
subscription at any time prior to reaching a decision regarding an application
for subscription. (C) In determining whether to accept or
reject an application for subscription to the marine industry fund, the
administrator of workers' compensation shall consider the following
criteria, which are set out by way of illustration and not by way of
limitation: (1) The applicant's
history with respect to Ohio workers' compensation, including compliance
with applicable laws and rules, payment of premiums and assessments, safety
record, and experience ratings; and (2) The applicant's
history with respect to Longshoremen's Act insurance, including the names
of prior carriers, record of payment of premiums, record of cooperation with
carriers in the processing of claims, safety record, and experience
rating. (D) The administrator has the authority, in the
administrator's discretion, to accept or reject an application for
subscription to the marine industry fund. The decision of the administrator is
final.
Last updated July 1, 2025 at 9:27 AM
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Rule 4123-20-02 | Subscription to the marine industry fund.
(A) An employer whose application for
subscription to the marine industry fund has been approved by the administrator
of workers' compensation as provided in rule 4123-20-01 of the
Administrative Code will be issued a marine industry fund insurance policy upon
payment of the initial premium required for such policy. (B) Coverage under a marine industry fund
insurance policy is not effective until the initial premium is received by the
bureau of workers' compensation. (C) Any policy of insurance issued by the
marine industry fund expires at midnight on the expiration date stated on the
face of such policy. Any such policy may be renewed by payment of the renewal
premium. Payment of a renewal premium prior to the stated expiration date is
effective to continue the coverage of the insured without lapse. (D) Payment of a renewal premium after
the expiration date is ineffective to continue the coverage of the insured
employer without lapse. If an insured employer tenders payment of a renewal
premium after the stated expiration date, the administrator may, in the
administrator's discretion, reinstate the coverage of such employer as of
the date of receipt of payment or require the employer to submit a new
application for subscription to the marine industry fund. In no event will
retroactive coverage be granted with respect to any period when the coverage of
an insured employer has lapsed. (E) An employer may cancel its marine industry fund policy
by notifying the bureau in writing, including by email or fax. The cancellation
request must provide the cancellation effective date. BWC will send
correspondence instructing the employer to report actual payroll through the
last date it had employees perform maritime work and pay any premium that is
owed within forty-five days of the cancellation. (1) If the employer fails to report the actual payroll
within forty-five days of cancellation, BWC will increase the employer's
estimated annual premium (EAP) by ten per cent and bill the employer. Failure
to pay any premium owed will result in certification to the attorney
general. (2) If the employer's prepaid premium is greater than
the premium owed through the cancellation effective date based on actual
payroll, the balance will be refunded to the employer.
Last updated July 1, 2025 at 9:27 AM
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Rule 4123-20-03 | Premium payment.
(A) Except as otherwise provided in this
rule, premiums for marine industry fund insurance coverage are payable in
advance, in annual installments, at a rate determined by the administrator of
workers' compensation, subject to the approval of the bureau of
workers' compensation board of directors. An employer whose premiums are
above the minimum administrative charge may change to semi-annual installments
upon request. An employer must make the request no later than May fifteenth
preceding the policy year. The amount of premium is determined by applying the
rates and classification codes in use by the marine industry fund for such
period to the estimated payroll of the insured for a period of twelve months.
If an employer elects semi-annual installments, the premium will be equal to
one-half of the premium for the twelve-month period. (B) The initial premium required for the
issuance of a new marine industry fund insurance policy will be estimated
premium sufficient to cover premium for the twelve-month period, unless
semi-annual installments were selected. If an employer elects semi-annual
installments, the premium required for issuance will be estimated premium equal
to one-half of the premium for the twelve-month period. (C) Renewal premiums are due no later
than the date indicated on each invoice. The premium required to renew a marine
industry fund insurance policy will be the prepaid premium for the next renewal
period, determined in accordance with the provisions of paragraph (A) of this
rule. (D) All prepaid premiums are subject to
adjustment at or after the close of the period with respect to which such
prepaid premium was submitted. Adjustments are based on the employer's
report of actual payroll for the period, or upon audit findings reported by the
authorized agents of the marine industry fund. (E) For all payroll periods beginning
July 1, 2025, if the employer estimates no payroll or calculates estimated
premium of less than the minimum administrative charge for the reporting
period, the employer will pay a minimum annual non-refundable administrative
charge of one hundred twenty dollars annually.
Last updated July 1, 2025 at 9:27 AM
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Rule 4123-20-04 | Notice of estimated premium, payroll reporting and reconciliation of premium due.
(A) The bureau will provide employers a
notice of estimated annual premium no later than the first day of May preceding
the policy year for which such premium is due. The notice includes: (1) The estimated payroll
used by the marine industry fund to calculate the employer's estimated
premium due: (2) The classification
code(s) used by the marine industry fund in which the employer's payroll
is allocated and the base rate for each of the classification codes
identified: (3) The employer's
estimated premium due for the applicable policy year. The employer may revise the estimated payroll
amount used to calculate estimated premium due for the policy year for good
cause shown, as determined by bureau policy. Requests will not be accepted to
revise payroll after the last business day in November of that policy year.
(B) Payroll report and reconciliation of
premium due. (1) At the conclusion of
each policy year, every employer will submit a payroll report to the bureau
containing the number of employees employed within each of the employer's
assigned classification codes and the aggregate amount of wages paid to such
employees over the relevant time period. (2) The bureau will
establish a reconciliation process to address the difference between the
estimated gross payroll and actual gross payroll. (3) The payroll report
must be filed by and any balance due the marine industry fund paid by the
thirty-first day of August following the conclusion of the policy year. Any
balance due the employer will be credited to the employer's
account. (4) If the employer fails
to submit the final payroll report, the bureau will not lapse the
employer's coverage. The bureau will increase by ten percent the estimated
premium and bill the employer. The bureau will certify the premium balance to
the attorney general seventy-five days after the due date if not paid. The
bureau may cancel coverage for the subsequent renewal period for failure to
submit the final payroll report. (C) No provision of this rule may be
construed to limit in any way the right of the bureau to audit the payroll
records of the insured or to make adjustments based on the findings of such
audits.
Last updated July 1, 2025 at 9:28 AM
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Rule 4123-20-05 | Payroll to be reported.
(A) When completing payroll reports
pursuant to rule 4123-20-04 of the Administrative Code, an insured shall report
to the marine industry fund all remuneration earned by such employees of the
insured as engaged in activities constituting "maritime employment"
within the meaning of the "Longshoremen's and Harbor Workers'
Compensation Act," but limited to employees whose maritime employment is
within the territorial boundaries of the state of Ohio, and employees employed
to work in Ohio who, in the course of and incidental to their employment within
the state of Ohio, temporarily leave the state. As used in this rule the term
"remuneration" means all compensation for personal services paid
under a contract of hire, oral or written, express or implied.
"Remuneration" includes, but is not be limited to salaries or hourly
wages paid by cash or check. (B) In the case of an employee who spends
some time performing duties in "maritime employment" and some time
performing duties of a non-maritime nature, only the remuneration of such
employee's maritime employment shall be reported to the marine industry
fund for premium purposes. (C) The entire remuneration of officers
of a corporation shall be reported to the marine industry fund. In the case of
a corporate officer who is a shareholder of the insured, the payment of a bona
fide dividend on the shares owned by such officer will not be deemed to
constitute remuneration for purposes of this rule, nor will any other payment
made to such officer solely on account of his ownership of shares of the
insured. (D) A sole proprietor will not be
considered to be an employee of the enterprise, and the remuneration of a sole
proprietor shall not be reported to the marine industry fund. This provision
does not relieve a sole proprietor from the obligation to report the
remuneration earned by his employees. (E) The remuneration of partners shall be
reported to the marine industry fund. This provision does not relieve a
partnership from the obligation to report the remuneration earned by employees
of the partnership. (F) The remuneration of employees whose
duties are exclusively of a non-maritime character, or whose maritime
activities occur entirely on waterways outside the territorial boundaries of
Ohio, shall not be reported to the marine industry fund.
Last updated July 1, 2025 at 9:28 AM
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Rule 4123-20-06 | Audits and inspections.
(A) At any time during the term of
any marine industry fund insurance policy, and for a period of two years after
the termination of any such policy, the bureau of workers' compensation
has the right to make reasonable inspections of the insured's place of
business, and any records, payrolls, books of account, ledgers, or contracts
which reflect upon the payroll expenditures of the insured, or the allocation
of such payroll expenditures to the appropriate classification
codes. (B) Refusal on the part of the
insured to permit reasonable audits and inspections, or willful interference by
the insured with the bureau carrying out any audit or inspection, is sufficient
reason for cancellation of the marine industry fund coverage of the
insured. (C) If the findings of any audit or
inspection reveal a discrepancy in the amount of premium paid by the insured
for any period, the bureau has the right to adjust the account of the insured
in accordance with the audit findings.
Last updated July 1, 2025 at 9:28 AM
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Rule 4123-20-07 | Controversion of claims.
(A) The marine industry fund is
authorized under regulations promulgated by the United States department of
labor to act as an insurance carrier with respect to liabilities created by the
provisions of the "Longshoremen's and Harbor Workers'
Compensation Act." The marine industry fund, in such capacity, is
recognized under applicable provisions of the governing federal law and
regulations, as a party in interest to all proceedings regarding claims filed
against employers insured by the fund. (B) All notices of injury received
from employers insured by the marine industry fund, and all notices of claims
received from the department of labor will be promptly reviewed by the bureau
of workers' compensation. The administrator of workers' compensation
or the administrator's designee is authorized to file notices of
controversion in the name of the marine industry fund in all cases wherein such
action is warranted by the facts of the case or the law applicable to such
facts. In the event that a notice of controversion is filed, the administrator
or designee is authorized to represent, or cause to be represented, the
interest of the marine industry fund in all proceedings pertinent to a
controverted claim.
Last updated July 1, 2025 at 9:28 AM
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