Chapter 4167-2 | Refusal to Work

Rule 4167-2-01 | Refusal to work.

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

(A) This rule is promulgated pursuant to division (A) of section 4167.06 of the Revised Code.

(B) A public employee acting in good faith has the right to refuse work under conditions that the public employee reasonably believes present an imminent danger to the public employee if all of the following conditions are met:

(1) The working conditions are not as normally exists, or reasonably might be expected to occur, in the normal and regular duties of the employee.

(2) There is insufficient time to eliminate the danger through the inspection and enforcement procedures provided by section 4167.10 of the Revised Code.

(3) The working conditions are such that a reasonable person would conclude an imminent danger exists.

(4) The public employee has requested that their immediate supervisor or other supervisory representative of the public employer correct the hazardous condition, but the supervisor or other supervisory representative declines to correct the hazardous condition.

(C) Notice to superintendent.

A public employee who exercises his right to refuse work under this rule must notify the superintendent in a written statement, as soon as practical, of the working conditions under which the public employee has refused to work. A public employee may provide initial notice to the superintendent via telephone if the public employer declines to correct the hazardous working conditions.

(D) Inspection by superintendent.

Upon receipt of the notice, the superintendent will immediately contact the public employer and inform the employer of the notification. The superintendent will also inform the public employer that a compliance officer will immediately inspect the premises of the public employer, pursuant to rule 4167-8-01 of the Administrative Code. If, upon inspection, the superintendent finds any condition or practice which presents an imminent danger to a public employee, the superintendent will issue a "notice of imminent danger" pursuant to rule 4167-8-02 of the Administrative Code.

(E) Public employee rights.

A public employee who has refused in good faith to perform assigned tasks and who has not been reassigned to other tasks by the public employer shall, in addition to retaining a right to continued employment, receive full compensation for the tasks that would have been performed. If the public employer reassigns the public employee, the public employer shall pay the public employee's full compensation as if the public employee were not reassigned.

(F) Public employer rights.

A public employee who refuses to perform assigned tasks under paragraph (B) of this rule and fails to meet all of the conditions set forth in that paragraph for the refusal is subject to any disciplinary action provided by law or agreement between the public employer and public employee for a refusal to work, including, but not limited to, suspension, nonpayment of wages for the duration of the refusal to work, and discharge.

Last updated March 1, 2024 at 8:22 AM

Supplemental Information

Authorized By: 4167.07, 4167.02, 4121.121, 4121.12
Amplifies: 4167.02
Five Year Review Date: 10/1/2028
Prior Effective Dates: 7/1/1994, 11/15/1996, 8/15/2001

Rule 4167-2-02 | Complaint by public employee.

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

(A) Any public employee or public employee representative who believes that a violation of an Ohio employment risk reduction standard exists that threatens physical harm may request an inspection by filing a written, complaint to the superintendent of the violation, which may be by electronic submission using the complaint form located on the bureau of workers' compensation's website.

(1) The complaint shall set forth with reasonable particularity the grounds for the complaint, and shall be signed by the public employee or public employee representative. The names of the public employee making the complaint, or any public employees referred to in the complaint, shall not appear in the notice sent to the public employer and shall be kept confidential.

(2) The complaint shall include:

(a) A description of the hazard to include, if applicable or possible, the date(s), time(s), location, and pieces of equipment involved; and

(b) The names of the public employee(s) or duties of the public employee(s) who are affected.

(B) If, upon receipt of a complaint under paragraph (A) of this rule, the superintendent determines that there are no reasonable grounds to believe that a violation or imminent danger exists, the superintendent will inform the public employee or public employee representative in writing of this determination.

(C) If, upon receipt of a complaint under paragraph (A) of this rule, the superintendent determines that there are reasonable grounds to believe that a violation or imminent danger exists, the superintendent will, within five business days after receipt of the complaint, notify the public employer, by certified mail, return receipt requested, of the alleged violation or imminent danger.

(1) The notice provided to the public employer or their agent will:

(a) Inform the public employer of the alleged violation or imminent danger; and

(b) Notify the employer that that the superintendent will investigate and inspect the public employer's workplace as provided in rule 4167-8-01 of the Administrative Code.

(2) The public employer must respond to the superintendent concerning the alleged violation or imminent danger within thirty days after receipt of the notice.

(a) If the public employer does not correct the violation or imminent danger within the thirty-day period or if the public employer fails to respond within that time period, the superintendent will investigate and inspect the public employer's workplace as provided in rule 4167-8-01 of the Administrative Code.

(b) The superintendent will not conduct any inspection prior to the end of the thirty-day period unless requested or permitted by the public employer.

(i) If the public employer requests such inspection, the superintendent will not issue a citation with respect to any findings during the inspection prior to the close of the thirty-day period during which the public employer is permitted to respond to the notice of alleged violation or imminent danger.

(ii) If the public employer successfully abates all violations or imminent dangers identified during the inspection prior to the close of the thirty-day period during which the public employer is permitted to respond to the notice of alleged violation or imminent danger, the superintendent will not issue a citation for the violations or imminent dangers alleged in the complaint.

(D) The authority of the superintendent to investigate and inspect premises pursuant to this rule is not limited to the alleged violation or imminent danger contained in the complaint.

(1) The superintendent may investigate and inspect any other area of the premises where there is reason to believe that a violation or imminent danger exists.

(2) If the superintendent detects any obvious or apparent violation at any temporary place of employment while en route to the premises to be inspected or investigated, and that violation presents a substantial probability that the condition or practice could result in death or serious physical harm, the superintendent may use any of the enforcement mechanisms provided in this section to correct or remove the condition or practice.

Last updated March 1, 2024 at 8:22 AM

Supplemental Information

Authorized By: 4121.121, 4121.12, 4167.02, 4167.07
Amplifies: 4167.02, 4167.10
Five Year Review Date: 10/1/2028
Prior Effective Dates: 7/1/1994, 2/15/2009