Ohio Admin. Code 4167-2-02 - Complaint by public employee
(A) Any public employee or public employee
representative who believes that a violation of an Ohio employment risk
reduction standard exists that threatens physical harm may request an
inspection by giving written, dated notice to the superintendent of the
violation.
(1) The notice shall set forth with
reasonable particularity the grounds for the notice
complaint , and
shall be signed by the public employee or public employee representative. The
names of the public employee making the notice
complaint or
any employees referred to in the notice
complaint shall not appear in the
copy provided
notice sent to the public employer and shall be kept
confidential.
(2) The notice shall
include:
(a) A description of the hazard to
include, if applicable or possible, the date(s) and time(s), the location,
and/or the pieces of equipment involved.
(b) The names of the public employee(s) or
duties of the public employee(s) who are affected.
(B) If, upon receipt of a
notification, the superintendent determines that there are no reasonable
grounds to believe that a violation or danger exists, the superintendent shall
inform the public employee or public employee representative in writing of his
determination.
(1) The complaining party may
request reconsideration of such determination by submitting a written statement
of position to the superintendent. The superintendent shall submit a copy of
such statement, with confidentiality of the complainant maintained, to the
employer.
(2) The employer may
submit an opposing written statement of position with the
superintendent.
(3) The
superintendent, at his or her discretion, may hold informal conferences in
which the complaining party and the employer may orally present their
views.
(4) After considering all
written and oral views presented, the superintendent shall affirm, modify, or
reverse the original determination and furnish the complaining party and the
employer a written notification of the decisions and the reasons thereof. Such
determination shall be without prejudice to the filing of a new complaint
correcting any deficiencies in the original complaint that may be identified by
the superintendent.
(C)
If, upon receipt of a notification, the superintendent determines that there
are reasonable grounds to believe that a violation or danger exists, the
superintendent shall, within five business days after receipt of the
notification, notify the public employer, by certified mail, return receipt
requested, of the alleged violation or danger.
(1) The notice provided to the public
employer or his agent shall:
(b)
(a) Inform the public
employer of the alleged violation or danger; and
(c)
(b) Notify the
employer that that the superintendent will investigate and inspect the public
employer's workplace as provided in rule 4167-8-01 of the Administrative Code.
(a) Contain a copy of the notice
provided to the superintendent by the public employee or the public employee
representative;
(2) The public employer must respond to the
superintendent concerning the alleged violation or danger within thirty days
after receipt of the notice.
(a) If the
public employer does not correct the violation or danger within the thirty-day
period or if the public employer fails to respond within that time period, the
superintendent shall investigate and inspect the public employer's workplace as
provided in rule 4167-8-01 of the Administrative Code.
(b) The
superintendent shall not conduct any inspection prior to the end of the
thirty-day period unless requested or permitted by the public employer.
(i) If the employer requests such inspection,
the superintendent shall not issue a citation with respect to any findings
during the inspection prior to the close of the thirty-day period during which
the employer is permitted to respond to the notice of alleged violation or
danger.
(ii) If the employer
successfully abates all violations or dangers identified during the inspection
prior to the close of the thirty-day period during which the employer is
permitted to respond to the notice of alleged violation or danger, the
superintendent shall not issue a citation for the violations or dangers alleged
in the complaint.
(D) The authority of the superintendent to
investigate and inspect premises pursuant to this rule is not limited to the
alleged violation or danger contained in the notification.
(1) The superintendent may investigate and
inspect any other area of the premises where they have reason to believe that a
violation or danger exists.
(2) If
the superintendent detects any obvious or apparent violation at any temporary
place of employment while en route to the premises to be inspected or
investigated, and that violation presents a substantial probability that the
condition or practice could result in death or serious physical harm, the
superintendent may use any of the enforcement mechanisms provided in this
section to correct or remove the condition or practice.
Notes
Promulgated Under: 119.03
Statutory Authority: 4167.07, 4167.02, 4121.12, 4121.121
Rule Amplifies: 4167.02, 4167.10
Prior Effective Dates: 07/01/1994, 03/20/1995, 11/15/1996, 01/17/1999, 08/15/2001, 02/15/2009, 01/01/2014
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