Ohio — Workplace Safety

Ohio does not operate an OSHA-approved State Plan. Federal OSHA enforces occupational safety and health standards for private sector employers and workers in Ohio through four area offices (Cincinnati, Cleveland, Columbus, and Toledo). State and local government employees are not covered by federal OSHA and have no OSHA protections in Ohio, because the state has not adopted a federally approved workplace safety and health program under Section 18 of the OSH Act.

Source: OSHA State Plans, Ohio OSHA Area Offices, OSHA Interpretation Letter, June 20, 1991

Ohio's Public Employment Risk Reduction Program (PERRP) ensures workplace safety for state and local government employees, codified in Ohio Revised Code Chapter 4167 and administered by the Ohio Bureau of Workers' Compensation (BWC), Division of Safety and Hygiene.

Coverage (reflecting 2026 amendments)

PERRP applies to "public employers," including:

• State entities (agencies, authorities, boards, commissions, departments, institutions)
• Political subdivisions and instrumentalities (counties, county hospitals, municipalities, villages, townships, park districts, school districts, state institutions of higher education, and public or special districts)
• Any other branch of public employment.

This is codified in Ohio Rev. Code § 4167.01(A), recently amended, and further clarified by H.B. 81 (effective 2025).

Major 2026 developments:

• Expanded coverage: Effective Spring/Summer 2026 via H.B. 27 (132nd General Assembly), PERRP now explicitly includes firefighters, emergency medical technicians (EMTs), and certain local correction officers, who were previously excluded. These roles now receive all statutory safety protections given to other public employees.
• Exemption removal: Also effective 2026, public employers outside state agencies can no longer claim exemption from PERRP due to group rating participation or maintenance of a safety committee; the prior seven-year exemption provision has been repealed (H.B. 27). All covered employers must uniformly comply unless specifically excepted by law.

Adopted standards (updated for April 2026):

A material regulatory change took effect April 9, 2026: Ohio Admin. Code Rule 4167-3-03 now formally adopts 29 C.F.R. Part 1910 (OSHA general industry standards) as the baseline occupational health and safety standards for all public employers under PERRP. Previously these were incorporated via reference in Rule 4167-3-01; Rule 4167-3-03 now gives explicit regulatory effect to the federal standards as of the April 2026 rule update.

PERRP also continues to incorporate standards:

• Ohio-specific (Rule 4167-3-05: radiation, traffic signs, and signals)
• Construction (select provisions from 29 C.F.R. Part 1926)
• Agriculture (29 C.F.R. Part 1928)

The BWC administrator retains authority to diverge from federal standards or adopt unique Ohio rules (Ohio Rev. Code § 4167.07). Safety Partnership Agreement rules (Rule 4167-15-01) are effective February 1, 2026.

General duty and compliance requirements:

All public employers must provide workplaces "free from recognized hazards that are causing or likely to cause death or serious physical harm" and comply with Ohio employment risk reduction standards (Ohio Rev. Code § 4167.04). Employees also must comply with all rules and orders (Ohio Rev. Code § 4167.05).

Summary of 2026 regulatory updates:

• Rule 4167-3-03 (effective April 9, 2026) explicitly adopts federal OSHA Part 1910.
• New/clarified SPA and Ohio-specific standards in rules 4167-15 and 4167-3-05.
• Coverage and exemption rules expanded and clarified per H.B. 27 (Spring/Summer 2026).

Source: Ohio Rev. Code Chapter 4167 Source: Ohio Admin. Code § 4167-3-03 Source: Ohio Admin. Code § 4167-3-05 Source: Ohio Admin. Code Chapter 4167-15 Source: H.B. 27 Bill Analysis, 132nd General Assembly

Not yet human confirmed. Practitioners should verify the April 2026 adoption date of Rule 4167-3-03 and implementation status with BWC, as there may be a transition period for Ohio public employers.

Ohio’s Public Employment Risk Reduction Program (PERRP) imposes specific recordkeeping and reporting requirements on public employers for workplace injuries and illnesses.

Recordkeeping forms and retention: Public employers must maintain:

• An Injury and Illness Log (PERRP Form 300P), documenting each recordable work-related injury or illness.
• An Annual Summary (PERRP Form 300AP), summarizing log data for the previous calendar year.
• An Incident Report (PERRP Form 301P or equivalent with all required data fields) for each case.

Employers must retain these records for five years following the year to which they relate (Ohio Admin. Code 4167-6-07).

300P log and 300AP summary requirements: Recordable cases include work-related injuries, illnesses, or fatalities as defined in OAC 4167-6-01. Employers must enter incidents on the 300P log within six calendar days of receiving information that a recordable case occurred. At year’s end, the 300AP summary must be completed, certified by a responsible official, and posted from February 1 to April 30 at each establishment (OAC 4167-6-06).

Submission deadlines: By February 1 each year, public employers must submit the previous year's 300AP summary (not the full log) to PERRP electronically, using the BWC portal (OAC 4167-6-08).

Posting obligations: Employers must conspicuously post the 300AP summary at each establishment where notices to employees are normally displayed, from February 1 through April 30 (OAC 4167-6-06).

Fatality and multiple hospitalization reporting: Public employers must report any fatality or incident resulting in the inpatient hospitalization of three or more employees within eight hours of occurrence, by telephone to PERRP (OAC 4167-6-11(A)). Isolated inpatient hospitalization of one or two employees is not immediately reportable—the obligation triggers at three.

Source: Ohio Admin. Code 4167-6-01 to 4167-6-11

The Public Employment Risk Reduction Program (PERRP) in Ohio enforces occupational safety and health standards for public employers using detailed statutory and regulatory procedures. The program’s enforcement structure covers how violations are detected, cited, penalized, and appealed, drawing on Ohio Revised Code (R.C.) Chapter 4167 and Ohio Administrative Code (O.A.C.) Chapter 4167.

Complaint and inspection process A public employee, union, or their representatives may file a written complaint, signed and describing the alleged hazard, with the Ohio Bureau of Workers’ Compensation (BWC), Division of Safety and Hygiene. The PERRP administrator investigates complaints and may initiate inspections “with or without advance notice”—although unannounced inspections are prioritized for alleged imminent danger (R.C. § 4167.10(A)-(E), O.A.C. 4167-5-01, 4167-5-02).

Citations and abatement orders When PERRP finds a violation of an employment risk reduction standard, the administrator must issue a citation in writing, describing the violation, referencing the specific standard, and setting a timeline for abatement. The citation must advise of appeal rights (R.C. § 4167.12, O.A.C. 4167-5-03). Separate abatement orders may also be issued.

Penalties PERRP does not generally impose monetary penalties on public employers, except in cases of (a) repeated violations, (b) willful violations, or (c) failure to correct (abate) violations. These are defined in R.C. § 4167.15. In those cases, the administrator may propose civil penalties up to $10,000 for each violation. The statute outlines procedures for notification and assessment of penalties (R.C. § 4167.15(A)-(E)).

Appeal rights A public employer may contest a citation, abatement order, or penalty by filing a written notice of appeal within 14 days after receipt. Appeals are filed with the Ohio Occupational Safety and Health Review Commission. Affected employees or their representatives may also participate in the hearing. The Review Commission can affirm, modify, or vacate citations and penalties (R.C. § 4167.14; O.A.C. 4167-5-04).

Source: Ohio Rev. Code Chapter 4167 Source: Ohio Admin. Code Chapter 4167

Public employees under Ohio’s Public Employment Risk Reduction Program (PERRP) enjoy several critical rights when workplace safety is at stake—specifically: (1) to refuse dangerous work, (2) to file safety complaints, and (3) to be protected from retaliation. Here’s how each works under the Revised Code and Administrative Code.

1. Right to refuse to work under imminent danger A public employee acting in good faith may refuse to perform assigned tasks if they reasonably believe an imminent danger of death or serious physical harm exists—and that the condition: • is not something that normally exists in their occupation, • cannot be eliminated quickly via standard enforcement procedures, and • remains uncorrected by the employer after the employee’s request. In that case, the employee: • retains continued employment, • receives full compensation for the tasks they were prevented from performing (even if reassigned), and • must notify the BWC administrator in writing, as soon as practicable. After notice, the administrator (or designee) must promptly conduct an inspection under § 4167.10 of the Revised Code. Source: R.C. § 4167.06

2. Right to file a complaint requesting inspection Any public employee—or their representative—who believes a violation of a PERRP standard threatens physical harm may file a written (or electronic) complaint with the superintendent. The complaint must include sufficient detail (hazard description, date, location, affected personnel) and is kept confidential (names removed before notifying the employer). If the superintendent finds reasonable grounds, they will notify the employer within five business days and proceed with inspection. Source: O.A.C. Rule 4167-2-02

3. Protection from retaliation The law forbids any public employer from discriminating against or discharging a public employee because they: • filed a complaint or instituted a proceeding under PERRP, • testified or were about to testify, or • exercised any right afforded under PERRP. If retaliation occurs, the employee has one remedy option (must elect only one) within 60 days: • file a complaint with the State Personnel Board of Review for reinstatement and back pay, or • pursue grievance or appeal procedures under their collective‑bargaining agreement, municipal/county charter, R.C. § 124.34, or any other applicable remedy. Source: R.C. § 4167.13 This protection is detailed further in the Ohio Administrative Code. Rule 4167-9-01 reinforces that employers may discipline employees only if the refusal does not meet PERRP’s strict criteria (then there's no protected right), and clarifies that protected activity is a substantial factor, not necessarily the sole one, leading to adverse action. Complaints must follow the procedures in R.C. § 4167.13. Source: O.A.C. Rule 4167-9-01

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Public employees under PERRP may refuse unsafe work (with procedural steps), file safety complaints, and are protected from retaliation—including reinstatement and back pay if retaliated against. Procedures and protections are grounded in R.C. § 4167.06, § 4167.13, and O.A.C. rules 4167-2-02 and 4167-9-01.

Source: R.C. § 4167.06 Source: O.A.C. Rule 4167-2-02 Source: R.C. § 4167.13 Source: O.A.C. Rule 4167-9-01

Federal government employees working in Ohio are not covered by federal OSHA in the same way as private-sector workers. The Occupational Safety and Health Act of 1970 (OSH Act) explicitly excludes the United States from the Act’s definition of "employer." (See 29 U.S.C. § 652(5).) Instead, federal worker safety is governed by Section 19 of the OSH Act (29 U.S.C. § 668) and Executive Order 12196.

Section 19 of the OSH Act requires each federal agency head to establish and maintain an occupational safety and health program consistent with OSHA’s safety and health standards, regulations, and orders. Federal employees are extended many (but not all) of the protections enjoyed by private-sector workers: OSHA can investigate incidents, conduct inspections, and issue notices of violation to federal agencies, but it cannot impose civil penalties or citations as it can for private employers. (See 29 U.S.C. § 668(a), (c).)

Executive Order 12196 reinforces these requirements, mandating that agency heads operate comprehensive safety and health programs, designate agency safety officials, and respond timely to hazards and employee complaints. This order also directs the Secretary of Labor (through OSHA) to oversee federal agency safety programs, set reporting rules, inspect workplaces, and investigate fatalities and certain complaints. However, while OSHA can issue notices for noncompliance to a federal agency, enforcement mechanisms are limited—monetary penalties do not apply, and agencies themselves are responsible for corrective action.

Not covered by Ohio law: Federal employees are not covered by the Ohio Public Employment Risk Reduction Program (PERRP). Ohio's program only extends to state and local government employees.

Practical effect in Ohio:

• Federal employees in Ohio report safety complaints through their agency’s internal procedures and to OSHA’s Federal Agency Programs division, not to state authorities.
• OSHA oversight and investigative power exists, but with different enforcement tools and limited remedial authority compared to the private sector.

Bottom line: Federal employees in Ohio do not benefit from the full OSHA enforcement regime that applies to private-sector workers or to public employees under approved state plans, but agency heads must comply with OSHA standards and are subject to program audits and non-binding enforcement by OSHA.

Source: 29 U.S.C. § 652 Source: 29 U.S.C. § 668 Source: Executive Order 12196