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