2006 Ohio Revised Code - 4167.17. Willful failure to comply with order; employer\'s variance, tolerance or exemption to be respected.

§ 4167.17. Willful failure to comply with order; employer's variance, tolerance or exemption to be respected.
 

(A)  If a public employer, public employee, or public employee representative willfully fails to comply with any final order of the administrator of workers' compensation issued pursuant to this chapter, the administrator may apply to the court of common pleas of Franklin county or the court of common pleas of the county in which the violation occurred, for an injunction, restraining order, or any other appropriate relief compelling the public employer, public employee, or public employee representative to comply with such order. The court shall order such relief as it considers appropriate and shall, in addition, impose a civil penalty of not more than five hundred dollars per day per violation and not to exceed a total of ten thousand dollars per violation. 

(B)  The administrator shall not seek to enforce this chapter, or any Ohio employment risk reduction standard, rule, or order adopted or issued pursuant thereto, in any manner that derogates from the immunity offered to a public employer by variances obtained under this chapter, or by variations, tolerance, or exemption allowed a public employer for reasons of national defense by the United States secretary of labor pursuant to section 16 of the "Occupational Safety and Health Act of 1970," 84 Stat. 1590, 29 U.S.C.A. 651, as amended. 
 

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.
 

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

 

Effect of Amendments

151 v H 67, effective June 21, 2005, in (A), substituted "administrator of workers' compensation" for "director of commerce"; and substituted "administrator" for "director" twice throughout. 

 

Ohio Rules

Injunctions, CivR 65.