Chapter 4167-15 | Exemption Application

Rule 4167-15-01 | Safety partnership agreement requirements.

• Effective: March 1, 2024
• Promulgated Under: 119.03

(A) The superintendent shall establish a policy and procedures for a safety partnership agreement (SPA) between the public employment risk reduction program (PERRP) and a participating public employer establishment that includes eligibility criteria for participation.

(B) The minimum eligibility criteria for an SPA are:

(1) The public employer establishment has an active workers' compensation policy and is current with respect to all payments due the bureau of workers' compensation, as defined in paragraph (A)(1)(b) of rule 4123-17-14 of the Administrative Code.

(2) The public employer establishment has an injury and illness history with both a TRC incidence rate and DART case incidence rate, as are defined in rule 4167-1-01 of the Administrative Code, that are less than the respective expected aggregate incidence rate for all Ohio public employment sectors.

(a) The calculations shall be based on the most recent three calendar year history of injuries and illnesses experienced by the public employer establishment.

(b) The calculated three-year TRC incidence rate and DART case incidence rates shall be below the upper limit of the ninety-five per cent confidence interval range of the most recent expected aggregate incidence rates for all Ohio public employment sectors published by PERRP.

(3) The public employer establishment shall establish and maintain a safety committee with both public employees and public employee representatives of the public employer establishment. A public employer establishment that employs five or fewer public employees is not required to have a safety committee.

(4) The public employer establishment shall not have any of the following:

(a) Open PERRP enforcement investigations, as defined in rule 4167-1-01 of the Administrative Code;

(b) Pending or open contested citations or notices under appeal at the time of application; or

(c) Unresolved, outstanding enforcement actions, such as long-term abatement.

(5) The public employer establishment shall agree to comprehensive employment risk reduction inspections that serve as a baseline safety and industrial hygiene analysis of the public employer establishment and for determining progress toward meeting the objectives of an SPA.

(C) A public employer establishment in a SPA will be exempted from any scheduled inspections that are initiated by the superintendent under paragraph (A)(1)(e) of rule 4167-8-01 of the Administrative Code.

(D) Nothing in an agreement shall limit a public employee's rights as provided in Chapter 4167. of the Revised Code.

Last updated March 1, 2024 at 8:33 AM

Supplemental Information

Authorized By: 4121.12, 4121.121, 4167.02, 4167.07
Amplifies: 4167.02
Five Year Review Date: 10/1/2028
Prior Effective Dates: 4/1/2018

Rule 4167-15-02 | Agreement termination or suspension.

• Effective: March 1, 2024
• Promulgated Under: 119.03

(A) The superintendent shall terminate a safety partnership agreement (SPA) with a public employer establishment if the participating public employer establishment fails to meet the minimum criteria for an agreement in paragraph (B) of rule 4167-15-01 of the Administrative Code or, if one or more of the following occurs:

(1) A public employment risk reduction program enforcement inspection, as defined in rule 4167-1-01 of the Administrative Code, results in one or more citations and the public employer establishment does not correct the hazardous condition(s) within the time frame specified in the citation.

(2) The participating public employer establishment refuses to implement corrective action for hazards identified during an employment risk reduction inspection as defined in rule 4167-1-01 of the Administrative Code.

(3) The superintendent becomes aware of one or more significant deficiencies in the safety and health management system of the participating public employer establishment, and the superintendent is unable to obtain assurances that the participating public employer establishment remains committed to the SPA.

(4) The participating public employer establishment voluntary withdraws from the SPA.

(B) The superintendent may suspend a SPA if one or more of the following occur until such time as the underlying cause of the occurrence is resolved to the superintendent's satisfaction:

(1) A public employee of the participating public employer establishment dies because of an incident related to the public employee's employment;

(2) A public employee files a refusal to work with the public employment risk reduction program pursuant to rule 4167-2-01 of the Administrative Code, and an investigation finds the presence of an imminent danger condition in the workplace of the participating public employer establishment;

(3) A public employee files a valid complaint of unsafe working conditions, and the participating public employer establishment does not correct the hazardous conditions and respond within the thirty-day period pursuant to division (B)(2) of section 4167.10 of the Revised Code;

(4) A public employee of the participating public employer establishment undergoes hospitalization as defined in rule 4167-1-01 of the Administrative Code; or

(5) A condition or circumstance exists with the participating public employer establishment that the superintendent determines significantly increases the risk of injury and illness.

Last updated March 1, 2024 at 8:33 AM

Supplemental Information

Authorized By: 4121.12, 4121.121, 4167.02, 4167.07
Amplifies: 4167.02
Five Year Review Date: 10/1/2028