Current through all regulations passed and filed through December 16, 2024
(A) In the event
that a rule or order issued by the superintendent would cause undue hardship
upon a public employer, the public employer may
request an exclusion from such a rule or order.
(B) The superintendent
will
not grant any undue hardship exclusion request that is:
(1) Requesting exclusion from an order issued
in conjunction with a finding of imminent danger under rule
4167-8-02 of the Administrative
Code; or
(2)
Made on behalf of a group of public employers.
(C) An exclusion request on the basis of an
undue hardship may be granted by the superintendent when a rule or order issued
under this chapter would require a public employer to
act with significant difficulty or expense when
considered in light of, but not limited to, the following factors:
(1) The
nature and cost of the action required by a rule or an order issued under this
chapter;
(2) The overall financial
resources of the public employer;
(3) The number of persons employed by the
public employer at the particular location where the action may be
required;
(4) The effect on
expenses and resources or the impact otherwise of the action
ordered upon the operations of the public employer at
the location where the action
is ordered;
(5) The overall size of the public employer
with respect to the number of its public employees;
(6) The number, type, and location of the
public employer's operations, including the composition, structure, and
functions of the work force of the public employer; and
(7)
The geographic separateness, administrative relationship, or fiscal relationship of the public
employer's operations to the whole public employer.
(D) A public employer's undue hardship
exclusion request must be in writing and include the following information:
(1) The name and address of the public
employer ;
(2)
The name, title, and telephone number of a contact
person for the public employer in regard to the undue hardship exclusion
request;
(3) The address of the
place or places of employment involved with the undue
hardship exclusion request;
(4) A clear and
specific statement as to the order, standard, or
regulation for which the undue hardship exclusion
is requested;
(5) A statement that
the undue hardship exclusion
request does not involve an order, regulation or
action which is required to prevent imminent danger or death or serious harm to
a public employee;
(6) A statement by the
public employer, supported by statements from
qualified persons with firsthand knowledge of facts represented, that the
public employer is unable to comply with the order, standard, or regulation due
to an undue hardship for the factors outlined in paragraph (C) of this
rule;
(7) A statement of the
steps the public employer has taken and will take, with specific dates,
to comply with the order, standard,
or regulation for which the undue hardship exclusion is requested;
and
(8) A certification
that the public employer has informed its public
employees of the undue hardship exclusion request, with
a description of how its public employees have been notified of the undue
hardship exclusion request, by taking one or more of the following steps:
(a)
Providing a
copy of the undue hardship exclusion request to the public employee
representatives, if any; or
(b) Posting at a location or locations where
notices to public employees are normally posted, a summary of the
undue hardship exclusion request,
and the summary shall include the means by which
a complete copy of the undue hardship exclusion request may be examined.
(E)
The superintendent
may request any additional information
from a public employer that is required to make a
decision on
an
undue hardship exclusion request.
(F) An undue hardship exclusion will be
granted only if the superintendent finds, upon weighing the factors of
paragraph (C) of this rule, such undue hardship
exclusion is appropriate and the requirements of paragraph (D) of this rule are
met.
(G) If one or more of the
factors have changed
since the initial
grant of the
undue hardship exclusion,
the superintendent
will review the
changed circumstances to determine if the undue hardship exclusion
will
remain in effect.