Ohio § 4167.07

§ 4167.07.

(A) The administrator of workers' compensation, with the advice and consent of the bureau

of workers' compensation board of directors, shall adopt rules that establish employment

risk reduction standards.  Except as provided in division (B) of this section, in adopting these rules, the

administrator shall do both of the following: (1) By no later than July 1, 1994, adopt as a rule and an Ohio employment risk reduction

standard every federal occupational safety and health standard then adopted by the

United States secretary of labor pursuant to the “Occupational Safety and Health Act

of 1970,” 84 Stat. 1590, 29 U.S.C.A. 651 , as amended; (2) By no later than one hundred twenty days after the United States secretary of labor

adopts, modifies, or revokes any federal occupational safety and health standard,

by rule do one of the following: (a) Adopt the federal occupational safety and health standard as a rule and an Ohio employment

risk reduction standard; (b) Amend the existing rule and Ohio employment risk reduction standard to conform to

the modification of the federal occupational safety and health standard; (c) Rescind the existing rule and Ohio employment risk reduction standard that corresponds

to the federal occupational safety and health standard the United States secretary

of labor revoked. (B) The administrator, with the advice and consent of the bureau of workers' compensation

board of directors, may decline to adopt any federal occupational safety and health

standard as a rule and an Ohio employment risk reduction standard or to modify or

rescind any existing rule and Ohio employment risk reduction standard to conform to

any federal occupational safety and health standard modified or revoked by the United

States secretary of labor or may adopt as a rule and an Ohio employment risk reduction

standard any occupational safety and health standard that is not covered under the

federal law or that differs from one adopted or modified by the United States secretary

of labor, if the administrator determines that existing rules and Ohio employment

risk reduction standards provide protection at least as effective as that which would

be provided by the existing, new, or modified federal occupational safety and health

standard or if the administrator determines that local conditions warrant a different

standard from that of the existing federal occupational safety and health standard

or from standards the United States secretary of labor adopts, modifies, or revokes. (C) In adopting, modifying, or rescinding any rule or Ohio employment risk reduction

standard dealing with toxic materials or harmful physical agents, the administrator,

with the advice and consent of the bureau of workers' compensation board of directors,

shall do all of the following: (1) Set the employment risk reduction standard to most adequately assure, to the extent

technologically feasible and on the basis of the best available evidence, that no

public employee will suffer material impairment of health or functional capacity as

a result of the hazards dealt with by the rule or Ohio employment risk reduction standard

for the period of the public employee's working life; (2) Base the development of these rules and Ohio employment risk reduction standards

on research, demonstrations, experiments, and other information as is appropriate

and upon the technological feasibility of the rule and standard, using the latest

available scientific data in the field and the experience gained in the workplace

under this chapter and other health and safety laws, to establish the highest degree

of safety and health for the public employee; (3) Whenever practicable, express the rule and Ohio employment risk reduction standard

in terms of objective criteria and of the performance desired; (4) Prescribe the use of labels or other appropriate forms of warning as are necessary

to ensure that public employees are apprised of all hazards to which they are exposed,

relevant symptoms and appropriate emergency treatment, and proper conditions and precautions

of safe use or exposure where appropriate; (5) Prescribe suitable protective equipment and control procedures to be used in connection

with the hazards; (6) Provide for measuring or monitoring public employee exposure in a manner necessary

for the protection of the public employees; (7) Where appropriate, prescribe the type and frequency of medical examinations or other

tests the public employer shall make available, at the cost of the public employer,

to the public employees exposed to the hazards in order to determine any adverse effect

from the exposure. (D) In determining the priority for adopting rules and Ohio employment risk reduction

standards under this section, the administrator shall give due regard to the urgency

of need and recommendations of the department of health regarding that need for mandatory

employment risk reduction standards for particular trades, crafts, occupations, services,

and workplaces. (E)(1) Except for rules adopted under division (A) of this section, the administrator, with

the advice and consent of the bureau of workers' compensation board of directors,

shall adopt all rules under this section in accordance with Chapter 119. of the Revised

Code, provided that notwithstanding that chapter, the administrator may delay the

effective date of any rule or Ohio employment risk reduction standard for the period

the administrator determines necessary to ensure that affected public employers and

public employees will be informed of the adoption, modification, or rescission of

the rule and Ohio employment risk reduction standard and have the opportunity to familiarize

themselves with the specific requirements of the rule and standard.  In no case, however, shall the administrator delay the effective date of a rule

adopted pursuant to Chapter 119. of the Revised Code in excess of ninety days beyond

the otherwise required effective date. (2) In regard to the rules for which the administrator does not have to comply with Chapter

119. of the Revised Code, the administrator shall file two certified copies of the

rules and Ohio employment risk reduction standards adopted with the secretary of state

and the director of the legislative service commission.