Ohio Administrative Code
Title 4167 - Public Employment Risk Reduction Program
Chapter 4167-15 - Exemption Application
Section 4167-15-02 - Safety partnership agreement termination or suspension
Universal Citation: OH Admin Code 4167-15-02
Current through all regulations passed and filed through September 16, 2024
(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.
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