Current through all regulations passed and filed through September 16, 2024
(A) The
superintendent will, with reasonable promptness, issue a citation to
any public employer that, upon inspection or investigation, the superintendent
finds has violated any of the following:
(1)
An Ohio employment risk reduction standard;
(2) An order issued upon a finding of
imminent danger pursuant to rule
4167-8-02 of the Administrative
Code;
(3) An order to abate a
violation issued pursuant to this rule.
(B) The superintendent may, upon inspection
or investigation, issue a notice of minor violation to any public employer that
the superintendent believes has violated rules of this chapter that have no
direct effect or immediate relationship to safety or health.
(C) Citations issued under this rule shall:
(1) Be issued in writing;
(2) Describe with particularity the nature of
the alleged violation, including a reference to the provision of law, Ohio
employment risk reduction standard, rule, or order alleged to have been
violated;
(3) State that the
issuance of a citation does not constitute a finding that a violation of the
act has occurred unless there is a failure to contest as provided for in the
act, or if contested, unless the citation is affirmed;
(4) Be issued within six months following the
date of the final occurrence of the alleged violation;
(5) Fix a time for the abatement of the
alleged violation pursuant to rule
4167-5-01 of the Administrative
Code;
(6) Be sent to the public
employer by certified mail, return receipt requested.
(D) Upon receipt of any citation issued under
this rule, the public employer shall immediately post the citation, or a
clearly legible copy thereof, at or near each place an alleged violation
referred to in the citation occurred.
(1)
Citations shall be posted in areas accessible to public employees
and
public employee representatives, but need not be posted in areas accessible to
the public, for a minimum of three business days or
until all alleged violations in the citation are corrected or vacated through a
final order pursuant to rule
4167-14-02 of the Administrative
Code, whichever is later.
(2)
A public employer shall seek the approval of the superintendent to post
citations in locations other than those at the site of a violation.
(E) At the request of an affected
public employer, public employee, public
employee representative ,
or upon the superintendent's own motion, the superintendent will hold an
informal conference to discuss any issues raised by an inspection, citation, or
notice of intention to contest.
(1) If the
conference is requested by the public employer,
an affected public employee
, their
public employee representative, or their legal representative may be
afforded an opportunity to participate, at the discretion of the
superintendent.
(2) When the
complainant is
a
public employee,
a public
employee representative, or the legal representative of
a public employee, the complainant may be given the opportunity to
participate in the conference.
(3)
Any party may be represented by legal counsel at
such conference.
(4) No
conference or request for such
conference shall operate as a stay of any fourteen calendar day period for
filing a notice of intention to contest as prescribed in rule
4167-14-01 of the Administrative
Code.
(F) A citation
shall be deemed a final order fourteen days after the public employer's receipt of the citation unless the public
employer elects to contest the citation pursuant to rules
4167-14-01
and
4167-14-02 of the Administrative Code. If the public employer contests the citation, the order shall
become final when either:
(1) The
public employer chooses not to appeal an adverse
decision within the timeframe the public employer
is permitted pursuant
to rules
4167-14-01 and 4167-14-02 of the
Administrative Code; or
(2) The
public employer has exhausted all administrative
remedies and a final decision is issued by the court of common pleas.
