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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 4167-8 | Inspection Procedures

Rule 4167-8-01 | Inspection and investigation procedures.

(A) Authority for inspections and investigations.

(1) The superintendent shall conduct inspections and investigations under the following circumstances:

(a) A request from a public employee or public employee representative pursuant to division (B)(1) of section 4167.10 of the Revised Code;

(b) A refusal to work notification pursuant to section 4167.06 of the Revised Code;

(c) A request from a public employer pursuant to division (B)(2) of section 4167.10 of the Revised Code;

(d) A report of a work-related fatality, hospitalization, amputation, or loss of eye;

(e) A scheduled inspection upon the superintendent's own initiative, pursuant to section 4167.10 of the Revised Code.

(f) A request from a public employer for a compliance assitance employment risk reduction inspection.

(2) The superintendent shall conduct all requested or required inspections within a reasonable amount of time following receipt of the request or the notification.

(B) The superintendent shall determine which Ohio employment risk reduction standards apply when conducting inspections and investigations.

(C) Conduct of inspections and investigations.

(1) The superintendent shall enter without delay to inspect and investigate any plant, facility, establishment, construction site, area, workplace, or environment where work is being performed by a public employee of a public employer, and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein.

Delay of inspections includes, but is not limited to, harassment, intimidation, interference of access to premises or records, and refusal to admit the superintendent or his authorized representative upon presentation of official department identification, for the purpose of inspecting or investigating.

(2) Inspections shall take place at such times and in such places as the superintendent may direct.

(a) The conduct of inspections shall be such as to preclude unreasonable disruption of the operations of the employer's establishment.

(b) At the beginning of an inspection, compliance officers shall present their credentials to the employer or the employer's agent in charge at the establishment; explain the nature and purpose of the inspection; and indicate the scope of the inspection and the records they wish to review as required under rule 4167-6-08 of the Administrative Code and other documents and records relevant to the inspection or investigation.

(c) Compliance officers designated by the superintendent shall have the authority to:

(i) Take environmental samples, take or obtain photographs related to the purpose of the inspection, and conduct tests and other studies reasonably calculated to serve the purposes of the inspection or investigation.

(a) As used in this rule, "take environmental samples" includes, but is not limited to, the use of devices to measure employee exposures and the attachment of personal sampling equipment such as dosimeters, pumps, badges and other similar devices to employees to measure their exposures.

(b) In taking photographs and samples, compliance officers shall take reasonable precautions to ensure that such actions with flash, spark-producing, or other equipment would not be hazardous. Compliance officers shall comply with all employer safety and health rules and practices at the establishment being inspected, and they shall wear and use appropriate protective clothing and equipment.

(ii) Provide public employee representatives the opportunity to accompany an inspection and to consult with the compliance officer regarding workplace safety, to interview employees and public employee representatives in private, and to provide employees and public employee representatives participation in a closing conference.

(iii) Question privately any public employer, administrator, department head, operator, agent, or public employee, and; administer oaths and require, by subpoena, the attendance and testimony of witnesses and the production of evidence under oath.

(a) Witnesses shall receive the same fees and mileage provided for witnesses in civil cases in the court of common pleas.

(b) In the case of contumacy, failure, or refusal of any person to comply with an order or any subpoena lawfully issued, or upon the refusal of any witness to testify to any matter regarding which he may lawfully be interrogated, a judge of the court of common pleas of any county in this state, on the application of the superintendent, shall issue an order requiring the person to appear and to produce evidence if, as, and when so ordered, and to give testimony relating to the matter under investigation or in question. The court may punish any failure to obey the order of the court as a contempt thereof.

(d) At the conclusion of any inspection or investigation, the compliance officer shall confer with the employer or the employer's representative, informally advising of any apparent safety or health violations disclosed by the inspection or investigation. During such conference, the employer shall be afforded an opportunity to bring to the attention of the compliance officer any pertinent information regarding conditions in the workplace.

(e) All information obtained by the superintendent in connection with any inspection or investigation that is confidential or a trade secret may not be disclosed in violation of rule 4167-10-01 of the Administrative Code.

(3) Fatality, hospitalization, amputation, and loss of eye investigations.

In addition to following the requirements in paragraphs (C)(1) and (C)(2) of this rule, the superintendent shall develop and implement policies and procedures to conduct investigations to obtain detailed information about fatalities, in-patient hospitalizations, amputations, and loss of an eye, within ten days of the incident or when reported to the employer or agent of the employer. The investigation information shall include, but is not limited to:

(a) Causes or factors;

(b) Test results;

(c) Measurements;

(d) Witness statements;

(e) Follow-up actions; and

(f) Evaluations of work processes.

(4) Compliance assistance and employment risk reduction inspections.

(a) Any public employer may request the superintendent to provide compliance assistance and a voluntary employment risk reduction inspection of the public employer's place of employment.

(b) If hazards exist, an inspection report shall be sent to the employer that includes a corrective action report and employers shall provide a response to the report by the assigned target date that verifies corrective action progress.

(c) To demonstrate necessary corrective action, employers may be required to submit periodic reports, permit a follow-up visit, or take similar action that ensures progress is verified.

(d) All necessary corrective action must be completed within an agreed upon time frame not to exceed three years.

(e) Neither the superintendent nor any other person may use any information obtained from the inspection for a period not to exceed three years in any proceeding for a violation of this chapter or any rule or order issued thereunder nor in any other action in any court in this state.

Supplemental Information

Authorized By: 4167.07, 4167.02, 4121.121, 4121.12
Amplifies: 4167.10
Five Year Review Date: 1/1/2024
Prior Effective Dates: 8/15/2001
Rule 4167-8-03 | Citations.

(A) The superintendent shall, with reasonable promptness, issue a citation to any public employer that, upon inspection or investigation, the superintendent finds has violated any of the following:

(1) An Ohio employment risk reduction standard;

(2) An order issued upon a finding of imminent danger pursuant to rule 4167-8-02 of the Administrative Code;

(3) An order to abate a violation issued pursuant to this rule.

(B) The superintendent may, upon inspection or investigation, issue a notice of minor violation to any public employer that the superintendent believes has violated rules of this chapter that have no direct effect or immediate relationship to safety or health.

(C) Citations issued under this rule shall:

(1) Be issued in writing;

(2) Describe with particularity the nature of the alleged violation, including a reference to the provision of law, Ohio employment risk reduction standard, rule, or order alleged to have been violated;

(3) State that the issuance of a citation does not constitute a finding that a violation of the act has occurred unless there is a failure to contest as provided for in the act, or if contested, unless the citation is affirmed;

(4) Be issued within six months following the date of the final occurrence of the alleged violation;

(5) Fix a time for the abatement of the alleged violation pursuant to rule 4167-5-01 of the Administrative Code;

(6) Be sent to the public employer by certified mail, return receipt requested.

(D) Upon receipt of any citation issued under this rule, the public employer shall immediately post the citation, or a clearly legible copy thereof, at or near each place an alleged violation referred to in the citation occurred.

(1) Citations shall be posted in areas accessible to public employees and/or public employee representatives, but need not be posted in areas accessible to the public.

(2) A public employer shall seek the approval of the superintendent to post citations in locations other than those at the site of a violation.

(E) At the request of an affected employer, employee, representative of employees, or upon the superintendent's own motion, the superintendent will hold an informal conference to discuss any issues raised by an inspection, citation, or notice of intention to contest.

(1) If the conference is requested by the employer, an affected employee or his representative may be afforded an opportunity to participate, at the discretion of the superintendent.

(2) When the complainant is an employee and/or an employee representative, the complainant may be given the opportunity to participate in the conference.

(3) Any party may be represented by counsel at such conference.

(4) No such conference or request for such conference shall operate as a stay of any fourteen calendar day period for filing a notice of intention to contest as prescribed in rule 4167-14-01 of the Administrative Code.

(F) A citation shall be deemed a final order fourteen days after the employer's receipt of the citation, unless the employer elects to contest the citation pursuant to rules 4167-14-01 to 4167-14-03 of the Administrative Code. If the employer contests the citation, the order shall become final when either:

(1) The employer chooses not to appeal an adverse decision within the timeframe the employer is permitted to do so under rules 4167-14-01 and 4167-14-02 of the Administrative Code; or

(2) The employer has exhausted all administrative remedies and a final decision is issued by the court of common pleas.

Supplemental Information

Authorized By: 4167.07, 4167.02, 4121.121, 4121.12
Amplifies: 4167.10
Five Year Review Date: 1/1/2024
Prior Effective Dates: 8/15/2001, 2/15/2009