Ohio Admin. Code 4167-15-01 - Safety partnership agreements

(A) The superintendent shall establish a policy and procedures for a safety partnership agreement (SPA) between the public employment risk reduction program (PERRP) and a participating public employer establishment that includes the eligibility criteria for participation.

(B) The minimum eligibility criteria for a safety partnership agreement (SPA) an SPA are:

(1) The public employer establishment has an active workers' compensation policy and is current with respect to all payments due the bureau of workers' compensation, as defined in paragraph (A)(1)(b) of rule 4123-17-14 of the Administrative Code; .

(2) The public employer establishment has an injury and illness history with both a total recordable case (TRC) TRC incidence rate and a days away, restricted, and/ or transfer (DART) DART case incidence rate, as are defined in rule 4167-1-01 of the Administrative Code, that are less than the respective expected aggregate incidence rate for all Ohio public employment sectors.

(a) The calculations shall be based on the most recent three calendar year history of injuries and illnesses experienced by the public employer establishment.

(b) The calculated three - year TRC incidence rate and DART case incidence rates shall be below the upper limit of the ninety-five per cent confidence interval range of the most recent expected aggregate incidence rates for all Ohio public employment sectors published by PERRP.

(3) The public employer establishment shall establish and maintain a safety committee with both public employees and public employee representatives of the public employer establishment. A public employer establishment that employs five or fewer public employees is not required to have a safety committee.

(4) The public employer establishment shall not have any of the following:

(a) Open PERRP enforcement investigations, as defined in rule 4167-1-01 of the Administrative Code;

(b) Pending or open contested citations or notices under appeal at the time of application; or

(c) Unresolved, outstanding enforcement actions, such as long-term abatement.

(5) The public employer establishment shall agree to comprehensive employment risk reduction inspections that serve as a baseline safety and industrial hygiene analysis of the public employer establishment and for determining progress toward meeting the objectives of a an SPA.

(C) A public employer establishment in a SPA will be exempted from any scheduled inspections that are initiated by the superintendent under paragraph (A)(1)(d) (A)(1)(e) of rule 4167-8-01 of the Administrative Code.

(D) Nothing in an agreement shall limit a public employee's rights as provided in Chapter 4167. of the Revised Code.

Notes

Ohio Admin. Code 4167-15-01

Effective: 3/1/2024
Five Year Review (FYR) Dates: 11/29/2023 and 10/01/2028
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4167.02, 4167.07
Rule Amplifies: 4167.02
Prior Effective Dates: 04/01/2018