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) provides workplace safety and health protections for state and local government employees. The program is codified in Ohio Revised Code Chapter 4167 and administered by the Ohio Bureau of Workers' Compensation (BWC), Division of Safety and Hygiene.

Coverage

PERRP applies to "public employers," defined to include (1) the state and each of its agencies, authorities, boards, commissions, departments, and institutions; (2) any political subdivision and its instrumentalities, including counties, county hospitals, municipal corporations, cities, villages, townships, park districts, school districts, state institutions of higher learning, and public or special districts; and (3) any other branch of public employment. Ohio Rev. Code § 4167.01(A). The term "public employee" means any individual who furnishes services subject to the direction and control of a public employer, including individuals working for a private employer under contract with a public employer where the National Labor Relations Board has declined jurisdiction. Ohio Rev. Code § 4167.01(C).

Exclusions from coverage

Public employee does not include firefighters, peace officers, emergency medical technicians, or paramedics employed by a public employer. Ohio Admin. Code § 4167-1-01(G); Ohio Rev. Code § 4167.01(C). These categories are excluded from PERRP coverage (though some fatality investigations involving these workers may still be conducted by BWC's Safety Violation Investigation Unit under separate statutory authority).

Adopted standards

Ohio has incorporated by reference most federal OSHA standards as "Ohio employment risk reduction standards." Ohio Admin. Code § 4167-3-01 adopts:

• 29 C.F.R. Part 1910, Subparts C through T and Subpart Z (general industry standards);
• 29 C.F.R. Part 1926, Subparts C through X, excluding §§ 1926.200(g)(2) and 1926.201(a) (construction standards); and
• 29 C.F.R. Part 1928 (agricultural standards).

The administrator may decline to adopt any federal OSHA standard, may decline to modify or rescind an existing Ohio standard to conform to a federal change, and may adopt standards not covered under federal law or that differ from federal standards. Ohio Rev. Code § 4167.07. This gives the administrator flexibility to establish state-specific standards where federal OSHA is silent or where Ohio seeks higher protections.

General duty

Public employers must (1) furnish to each public employee employment and a place of employment free from recognized hazards that are causing or likely to cause death or serious physical harm, and (2) comply with Ohio employment risk reduction standards, rules, and orders. Ohio Rev. Code § 4167.04(A). No public employer is required to take any action that would cause an undue hardship unless the action is required to prevent imminent danger of death or serious harm. Ohio Rev. Code § 4167.04(B).

Public employees must comply with all Ohio employment risk reduction standards and all rules and orders issued pursuant to Chapter 4167 that are applicable to their own actions and conduct. Ohio Rev. Code § 4167.05.

Source: Ohio Rev. Code Chapter 4167 Source: Ohio Admin. Code § 4167-3-01 Source: Ohio Admin. Code § 4167-1-01