Current through all regulations passed and filed through September 16, 2024
(A) The
superintendent shall establish a policy and procedures for a safety partnership
agreement (SPA) between the public employment risk reduction program (PERRP)
and a participating public employer establishment
that includes eligibility criteria for
participation.
(B) The minimum
eligibility criteria for an SPA are:
(1) The public employer
establishment has an active workers' compensation
policy and is current with respect to all payments due the bureau
of workers' compensation, as defined in paragraph
(A)(1)(b) of rule
4123-17-14 of the Administrative
Code.
(2) The
public employer establishment has an injury and
illness history with both a TRC incidence rate and
DART case incidence rate, as are defined in rule
4167-1-01 of the Administrative
Code, that are less than the respective expected aggregate incidence rate
for all Ohio public employment sectors.
(a)
The calculations shall be based on the most recent three calendar year history
of injuries and illnesses experienced by the public employer
establishment.
(b) The calculated three
- year TRC incidence
rate and DART case incidence rates shall be
below the upper limit of the ninety-five per cent confidence interval range of
the most recent expected aggregate incidence rates for all Ohio public
employment sectors published by PERRP.
(3) The public employer
establishment shall establish and maintain a
safety committee with both public employees and public
employee representatives of the public employer establishment. A public employer
establishment that employs five or fewer public
employees is not required to have a safety committee.
(4) The public employer
establishment shall not have any of the
following:
(a) Open PERRP enforcement
investigations, as defined in rule
4167-1-01 of the Administrative
Code;
(b) Pending or open
contested citations or notices under appeal at the time of application;
or
(c) Unresolved, outstanding enforcement
actions, such as long-term abatement.
(5) The public employer
establishment shall agree to comprehensive
employment risk reduction inspections that serve as a baseline safety and
industrial hygiene analysis of the public
employer establishment and for determining progress toward meeting the
objectives of
an SPA.
(C) A public employer establishment in a SPA will be exempted from any
scheduled inspections that are initiated by the superintendent under paragraph
(A)(1)(e) of rule
4167-8-01 of the Administrative
Code.
(D) Nothing in an agreement
shall limit a public employee's rights as provided in Chapter 4167 of the Revised Code.
