Chapter 4167-6 | Recording and Reporting Injury and Illness

Rule 4167-6-01 | Recording and reporting occupational injuries and illnesses.

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

(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. The records must:

(a) Contain the same information contained on the form prescribed by the superintendent;

(b) Be as readable and comprehensible as the form prescribed by the superintendent; and

(c) Be completed in as much detail as required by the instructions for the form prescribed by the superintendent.

(2) Records shall be maintained on a calendar year basis.

(3) The superintendent may issue a citation for failure to comply with this rule.

(4) If a false statement or misrepresentation of these records is knowingly given, or if records are knowingly concealed from the administrator of workers' compensation, 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 by the public employer for five years at the establishment following the end of the year to which they relate.

(2) Each public 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 public employer to any public employee, former public employee, or public employee representatives for examination and copying at reasonable times.

(C) Log and summary of work-related injuries and illnesses.

(1) Each public 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 seven calendar 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 seven calendar 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 public employer's policy number.

(2) An annual summary for each establishment of the public employer 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. A public employer with five or fewer public employees that has had no recordable injuries is exempted from this submission.

(3) The highest ranking authority for each public employer, or the highest ranking management official at the public 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 annual 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 and return the survey following the instructions contained on the survey form.

(G) Needlestick records.

In addition to injury and illness records required in this rule, 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.

Last updated March 1, 2024 at 8:28 AM

Supplemental Information

Authorized By: 4121.12, 4121.121, 4167.02, 4167.07
Amplifies: 4167.11
Five Year Review Date: 10/1/2028
Prior Effective Dates: 2/22/2005, 1/1/2014

Rule 4167-6-09 | Records for substances required to be monitored or measured.

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

(A) Each public employer shall maintain accurate records of public employee exposure to potentially toxic materials, carcinogenic materials, and harmful physical agents that are to be monitored or measured under any Ohio public employment risk reduction standard.

(B) Each affected public employee or public employee representative shall have the opportunity to observe and participate in any monitoring or measuring of such regulated exposures.

(C) An affected public employee or public employee representative may undertake their own monitoring or measuring of such regulated exposures.

(D) A public employer who monitors or measures a regulated exposure shall provide access to those records, upon request of an affected current or former public employee or a public employee representative, regarding the individual public employee's exposure. A public employee or public employee representative who monitors or measures a regulated exposure shall also provide access to those records on request of the public employer or affected current or former public employees.

Last updated March 1, 2024 at 8:28 AM

Supplemental Information

Authorized By: 4167.02
Amplifies: 4167.11
Five Year Review Date: 10/1/2028
Prior Effective Dates: 7/1/1994

Rule 4167-6-10 | Reporting fatalities, hospitalization, amputations, and loss of an eye as a result of work-related incidents.

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

(A) Within eight hours after the death of any public employee from a work-related incident, the public employer of any affected public employees shall orally report the incident to the superintendent at the phone number indicated on the poster required under rule 4167-4-01 of the Administrative Code or by electronic submission using the appropriate form located on the bureau of workers' compensation website.

(B) The public employer shall report any of the following within twenty-four hours of a work-related incident to the superintendent at the phone number indicated on the poster required under rule 4167-4-01 of the Administrative Code or by electronic submission using the appropriate form located on the public employer risk reduction program website:

(1) The hospitalization of one or more public employees;

(2) A public employee's amputation; or

(3) A public employee's loss of an eye.

(C) If the public employer does not learn of a reportable incident at the time it occurs, the public employer shall make an initial report within eight hours of the time the incident is reported to any manager, supervisor, or legal representative of the public employer.

(D) Each initial report required by this rule shall provide the following information:

(1) Establishment name,

(2) Location of the incident,

(3) Time of the incident,

(4) Number of fatalities, hospitalizations, and injuries involving public employees,

(5) Contact person and phone number for the public employer, and

(6) A brief description of the incident.

(E) The superintendent will develop and implement policies and procedures to conduct inspections and investigations of reported incidents pursuant to rule 4167-8-01 of the Administrative Code.

Last updated March 1, 2024 at 8:28 AM

Supplemental Information

Authorized By: 4121.12, 4121.121, 4167.02, 4167.07
Amplifies: 4167.11
Five Year Review Date: 10/1/2028
Prior Effective Dates: 11/15/1996