Effective: September 10, 2007
Latest Legislation: House Bill 100 - 127th General Assembly
(A) Any court of common pleas has jurisdiction, upon petition of the administrator of workers' compensation, to restrain any conditions or practices in any places of employment that present a danger that could reasonably be expected to cause death or serious harm or contribute significantly to occupationally related illness immediately or before the imminence of the danger can be eliminated through the enforcement procedures provided in this chapter. Any order issued under this section may require that steps be taken as necessary to avoid, correct, or remove the imminent danger and prohibit the employment or presence of any individual in locations or under conditions where the imminent danger exists, except individuals whose presence is necessary to avoid, correct, or remove the imminent danger.
(B) Upon the filing of a petition under division (A) of this section, the court of common pleas may grant injunctive relief or a temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter, except that no temporary restraining order issued without notice is effective for a period longer than five calendar days.
(C) If the administrator or the administrator's designee responsible for inspections determines that the imminent danger as described in division (A) of this section is such that immediate action is necessary, and further determines that there is not sufficient time in light of the nature, severity, and imminence of the danger to seek and obtain a temporary restraining order or injunction, the administrator or the administrator's designee immediately shall file a petition with the court under division (A) of this section and issue an order requiring action to be taken as is necessary to avoid, correct, or remove the imminent danger.
The administrator, with the advice and consent of the bureau of workers' compensation board of directors, shall adopt rules, in accordance with Chapter 119. of the Revised Code, to permit a public employer expeditious informal reconsideration of any order issued by the administrator under this division. Unless the administrator reverses an order pursuant to the informal reconsideration, the order remains in effect pending the court's determination under this section. If the administrator modifies an order pursuant to the informal reconsideration, the administrator shall provide the court with whom the administrator filed the petition under this section with a copy of the modified order. The modified order remains in effect pending the court's determination under this section.
Structure Ohio Revised Code
Chapter 4167 | Public Employment Risk Reduction Program
Section 4167.01 | Public Employment Risk Reduction Program Definitions.
Section 4167.03 | Construction and Interpretation.
Section 4167.04 | Duty of Public Employer to Provide Safe Place of Employment.
Section 4167.05 | Compliance With Employment Risk Reduction Standards, Rules, and Orders.
Section 4167.06 | Right to Refuse to Work Under Unsafe Conditions.
Section 4167.07 | Commission to Adopt Rules for Employment Risk Reduction Standards.
Section 4167.08 | Issuance of Emergency Temporary Ohio Employment Risk Reduction Standard.
Section 4167.09 | Application for Temporary Variance or for Variance From Standard.
Section 4167.10 | Inspection and Investigation of Workplaces.
Section 4167.12 | Confidential Trade Secrets.
Section 4167.13 | Prohibiting Retaliation by Employer.
Section 4167.14 | Injunctive Relief.
Section 4167.15 | Request for Hearing on Order, Rule or Standard.
Section 4167.16 | Appeal to Court of Common Pleas.
Section 4167.17 | Failure to Comply With Order.
Section 4167.25 | Exposure Control Plans for Health Care Workers Definitions.
Section 4167.27 | Adoption of Rule and Standard for Prevention of Exposure Incidents.
Section 4167.28 | Duties of Employer Concerning Exposure Incidents.