Ohio Administrative Code
Title 4167 - Public Employment Risk Reduction Program
Chapter 4167-13 - Abatement Verification
Section 4167-13-01 - Abatement verification, abatement plan, and progress reports
Universal Citation: OH Admin Code 4167-13-01
Current through all regulations passed and filed through September 16, 2024
(A) Filing requirements.
(1)
A public employer
may combine the required documentation for multiple citations under this rule
into a single document.
(2) Where a
document must be submitted to the superintendent under this rule, the
submission date of such document is the date received by the
superintendent.
(3) Receipt of
a public
employer's documents by the superintendent does not constitute an agreement
that the public employer has abated the condition
for which the citation was issued.
(4) Any public
employer failing to comply with the provisions of this rule shall be subject to
citation.
(5) False statements
willfully made in any
document required by this rule may result in the administrator
of workers' compensation seeking an injunction,
restraining order, or any other appropriate relief against the public employer
pursuant to section 4167.17 of the Revised
Code.
(B) Abatement verification.
(1)
Each public
employer shall submit to the superintendent, within fourteen calendar days
after the abatement date, an abatement verification report with respect to each
citation item.
(2)
An abatement verification report for more than one
citation item is permitted to be combined in a single document.
(3)
The abatement verification report shall contain the following information for
each citation item:
(a) Identification of the
citation item;
(b) A statement
noting whether or not abatement has been accomplished with respect to each
citation item and instance listed in the citation;
(c) A description of the measures taken to
accomplish abatement;
(d) The date
abatement was accomplished and documentary evidence that is sufficient to
demonstrate clearly that the hazard contained in the
citation item has been corrected;
(e) If abatement has not been accomplished,
the reason(s) for not abating;
(f)
The signature of the public employer or the
public employer's duly authorized representative;
and
(g) The date of
signature.
(4) If the
public employer has initially stated that a
particular citation item has not been abated, and later the
public employer abates the
hazard
contained in the citation item, the public
employer shall submit to the superintendent an
abatement verification report within fourteen
calendar days after abatement.
(C) Abatement plan.
(1) The superintendent may require in a
citation that the public employer submit a formal
plan for the abatement of safety and health violations in instances where
multiple steps or long-term abatement actions are necessary.
(2) When called for in a citation, the
public employer shall prepare a written, signed,
and dated abatement plan with respect to each citation item for which the plan
is required.
(3) The abatement plan
shall be submitted to the superintendent within fourteen calendar days after
the date of any final order.
(D) Progress reports. The superintendent may require progress reports in a citation where multi-step abatement is deemed appropriate.
(1) The superintendent shall
specify the citation item with respect to which the progress reports are
required, the measures which the superintendent expects to be taken on or
before the submission of each progress report, and the date for the submission
of each progress report, expressed as the number of calendar days from the date
of any final order.
(2) The
public employer shall submit to the
superintendent the requested progress reports with respect to each citation
item for which they are required under the abatement plan.
(E) Posting requirements. A copy of each document required to be submitted to the superintendent shall be posted, at the time of submission, at or near each place the violation(s) described in the citation occurred.
(1) Where, because of
a public
employer's operations, it is not practicable to post a document at or near the
location of the violation(s), such document shall be posted, unedited, in a
prominent place where it will be readily observable by all affected
public employees.
(2) Where it is physically impracticable,
because of a document's size, magnitude, or other considerations, such as
potential destruction, to post abatement plans and progress reports, a notice
to affected public employees shall be posted
indicating the location where the abatement
verification report, abatement plans, and progress reports can be
reviewed.
(3)
If
a
public employer is engaged in activities which are geographically
dispersed, or if public employees do not primarily work
at, or report to, a single location, the
abatement
verification report, abatement plans, and progress reports may be posted
in accordance with rule
4167-4-01 of the Administrative
Code.
(4)
The abatement verification report, abatement plans, and
progress reports shall be provided upon request for examination and copying to
public employees, to public employee representatives, and to the
superintendent.
(5) The
public employer shall assure that any document
required to be posted by this
rule is not altered, defaced, or covered by other
material.
(6) Any document
required to be posted by this rule shall remain posted until the violation has been
abated, or for seven calendar days, whichever is
later.
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