2006 Ohio Revised Code - 4167.08. Emergency temporary risk reduction standards.

§ 4167.08. Emergency temporary risk reduction standards.
 

(A)  In the event of an emergency or unusual situation, the administrator of workers' compensation shall issue an emergency temporary Ohio employment risk reduction standard to take immediate effect upon publication in newspapers of general circulation in Cleveland, Columbus, Cincinnati, and Toledo if the administrator finds both of the following: 

(1) Public employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards; 

(2) The emergency temporary Ohio employment risk reduction standard is necessary to protect employees from the danger. 

(B) (1)  Except as provided in division (B)(2) of this section an emergency temporary Ohio employment risk reduction standard issued by the administrator under division (A) of this section shall be in effect no longer than fifteen days, unless the commission approves the emergency temporary Ohio employment risk reduction standard as issued by the administrator, in which case, the emergency temporary Ohio employment risk reduction standard shall be in effect no longer than one hundred twenty days after the date the administrator issues it. 

(2) The administrator may renew an emergency temporary Ohio employment risk reduction standard that has been approved by the workers' compensation oversight commission for an additional time period not to exceed one hundred days if the administrator finds that the conditions identified in divisions (A)(1) and (2) of this section continue to exist. 

On or before the expiration date of the emergency temporary Ohio employment risk reduction standard or renewal thereof, if the conditions identified in divisions (A)(1) and (2) of this section continue to exist, the administrator, with the advice and consent of the oversight commission, shall adopt a permanent Ohio employment risk reduction standard pursuant to section 4167.07 of the Revised Code as a rule to replace the emergency temporary Ohio employment risk reduction standard. 
 

HISTORY: 144 v H 308 (Eff 4-20-93); 146 v S 162 (Eff 10-29-95); 148 v H 471. Eff 7-1-2000; 151 v H 67, § 1, eff. 6-21-05.
 

Not analogous to former RC § 4167.08 renumbered RC § 1553.08 in 138 v H 555, eff 11-13-79.

The effective date is set by section 12(A) of HB 471. 

 

Effect of Amendments

151 v H 67, effective June 21, 2005, substituted "administrator" for "director" six times throughout; in the introductory language of (A), substituted "administrator of workers' compensation" for "director of commerce"; in the first paragraph of (B)(2), substituted "workers' compensation oversight" for "public employment risk reduction advisory"; and, in the second paragraph of (B)(2), inserted "administrator, with the advice and consent of the oversight".