Current through all regulations passed and filed through December 16, 2024
(A) Any public
employee or public employee representative who believes that a violation of an
Ohio employment risk reduction standard exists that threatens physical harm may
request an inspection by
filing a written,
complaint to the superintendent of the violation, which may be by electronic submission using the complaint
form located on the bureau of workers' compensation's website.
(1) The
complaint
shall set forth with reasonable particularity the grounds for the complaint,
and shall be signed by the public employee or public employee representative.
The names of the public employee making the complaint, or any public
employees referred to in the complaint, shall not
appear in the notice sent to the public employer and shall be kept
confidential.
(2) The
complaint shall include:
(a) A description of the hazard to include,
if applicable or possible, the date(s),
time(s), location,
and pieces of equipment
involved
;
and
(b) The names of the
public employee(s) or duties of the public employee(s) who are
affected.
(B)
If, upon receipt of a
complaint under paragraph (A) of this rule, the
superintendent determines that there are no reasonable grounds to believe that
a violation or imminent danger exists, the
superintendent
will inform the public employee or public
employee representative in writing of
this determination.
(C) If, upon receipt of a
complaint under paragraph (A) of this rule, the
superintendent determines that there are reasonable grounds to believe that a
violation or imminent danger exists, the
superintendent will, within five business days after receipt of the
complaint, notify the public employer, by certified
mail, return receipt requested, of the alleged violation or
imminent danger.
(1) The notice provided to the public
employer or
their agent
will:
(a) Inform
the public employer of the alleged violation or imminent danger; and
(b) Notify the employer that that the
superintendent will investigate and inspect the public employer's workplace as
provided in rule
4167-8-01 of the Administrative
Code.
(2) The public
employer must respond to the superintendent concerning the alleged violation or
imminent danger within thirty days after receipt
of the notice.
(a) If the public employer does
not correct the violation or imminent danger
within the thirty-day period or if the public employer fails to respond within
that time period, the superintendent
will investigate and inspect the public
employer's workplace as provided in rule
4167-8-01 of the Administrative
Code.
(b) The superintendent
will
not conduct any inspection prior to the end of the thirty-day period unless
requested or permitted by the public employer.
(i) If the public employer requests such inspection, the
superintendent
will not issue a citation with respect to any
findings during the inspection prior to the close of the thirty-day period
during which the public employer is permitted to
respond to the notice of alleged violation or imminent danger.
(ii) If the public employer successfully abates all violations or
imminent dangers identified during the inspection
prior to the close of the thirty-day period during which the
public employer is permitted to respond to the
notice of alleged violation or imminent danger,
the superintendent
will not issue a citation for the violations or
imminent dangers alleged in the
complaint.
(D) The authority of the superintendent to
investigate and inspect premises pursuant to this rule is not limited to the
alleged violation or imminent danger contained in
the
complaint.
(1) The
superintendent may investigate and inspect any other area of the premises where
there
is reason to believe that a violation or imminent danger exists.
(2) If the superintendent detects any obvious
or apparent violation at any temporary place of employment while en route to
the premises to be inspected or investigated, and that violation presents a
substantial probability that the condition or practice could result in death or
serious physical harm, the superintendent may use any of the enforcement
mechanisms provided in this section to correct or remove the condition or
practice.
