Allow employers to post certain labor law notices on the internet

(136th General Assembly)

(Senate Bill
Number 33)

AN ACT

To amend sections 4109.08, 4111.09,
4112.07, 4115.07, 4123.54, 4123.83, and 4167.11 of the Revised Code
to allow employers to post certain labor law notices on the internet.

Be
it enacted by the General Assembly of the State of Ohio:

Section
1.
That
sections 4109.08, 4111.09, 4112.07, 4115.07, 4123.54, 4123.83, and
4167.11 of the Revised Code be amended to read as follows:

Sec.
4109.08.
(A)
(A)(1)

No minor shall be employed unless the employer keeps on the premises
a complete list of all minors employed by the employer at a
particular establishment
and
a printed abstract to be furnished by the director of commerce
summarizing the provisions of this chapter
.

The
list
and
abstract
shall
be posted in plain view in a conspicuous place which is frequented by
the largest number of minor employees, and to which all minor
employees have access
.

(2)
No minor shall be employed unless the employer posts an abstract to
be furnished by the director of commerce summarizing the provisions
of this chapter. The abstract shall be posted in one of the following
ways:

(a)
On the premises in plain view in a conspicuous place which is
frequented by the largest number of minor employees, and to which all
minor employees have access;

(b)
On the internet in a manner that is accessible to the employer's
employees
.

(B)
An enforcement official may require any employer, in or about whose
establishment an employee apparently under eighteen years of age is
employed and whose age and schooling certificate is not on file with
the director of commerce as required by section 3331.01 of the
Revised Code, to furnish the enforcement official satisfactory
evidence that the employee is in fact eighteen years of age or older.
The enforcement official shall require from the employer the same
evidence of age of the employee as is required by section 3331.02 of
the Revised Code upon the issuance of an age and schooling
certificate. No employer shall fail to produce the evidence.

(C)
Any employee apparently under eighteen years of age, working in any
occupation or establishment with respect to which there are
restrictions by rule or law governing the employment of minors, with
respect to whom the employer has not furnished satisfactory evidence
that the person is at or above the age required for performance of
employment with the employer after being requested to do so, and who
refuses to give to an enforcement official the employee's name, age,
and place of residence may be taken into custody and charged with
being an unruly child or other appropriate charge under Chapter 2151.
or 2152. of the Revised Code.

(D)
No person shall, with the intent to assist a minor to procure
employment, make a false statement by any means, including by
submitting falsified forms electronically, to any employer or to any
person authorized to issue an age and schooling certificate.

Sec.
4111.09.
(A)

Every
employer subject to sections 4111.01 to 4111.17 of the Revised Code,
or to any rules issued thereunder, shall keep a summary of the
sections, approved by the director of commerce, and copies of any
applicable rules issued thereunder, or a summary of the rules, posted
in
one
of the following ways:

(1)
In
a
conspicuous and accessible place in or about the premises wherein any
person subject thereto is employed
;

(2)
On the internet in a manner that is accessible to the employer's
employees
.

(B)

The
director of commerce shall make the summary described in this section
available on the web site of the department of commerce. The director
shall update this summary as necessary, but not less than annually,
in order to reflect changes in the minimum wage rate as required
under Section 34a of Article II, Ohio Constitution. Employees and
employers shall be furnished copies of the summaries and rules by the
state, on request, without charge.

Sec.
4112.07.
Every
person subject to division (A), (B), (C), (D), or (E) of section
4112.02 of the Revised Code shall post in a conspicuous place or
places on

his

the person's

premises
,
or on the internet in a manner that is accessible to the public,

a notice to be prepared or approved by the commission that shall set
forth excerpts of this chapter and other relevant information that
the commission deems necessary to explain this chapter.

Sec.
4115.07.
All
contractors and subcontractors required by sections 4115.03 to
4115.16 of the Revised Code, and the action of any public authority
to pay not less than the prevailing rate of wages shall make full
payment of such wages in legal tender, without any deduction for
food, sleeping accommodations, transportation, use of small tools, or
any other thing of any kind or description. This section does not
apply where the employer and employee enter into an agreement in
writing at the beginning of any term of employment covering
deductions for food, sleeping accommodations, or other similar item,
provided such agreement is submitted by the employer to the public
authority fixing the rate of wages and is approved by such public
authority as fair and reasonable.

All
contractors or subcontractors falling within or affected by sections
4115.03 to 4115.16 of the Revised Code, shall keep full and accurate
payroll records with respect to wages paid each employee and the
number of hours worked by each employee, covering all disbursements
of wages to their employees to whom they are required to pay not less
than the prevailing rate of wages. Such payroll records shall be open
to inspection by any authorized representative of the contracting
public authority, including the prevailing wage coordinator or the
director of commerce at any reasonable time and as often as may be
necessary, and such records shall not be destroyed or removed from
the state for the period of one year following the completion of the
public improvement in connection with which the records are made.
There shall be posted in a prominent and accessible place on the site
of the work
,
or on the internet in a manner that is accessible to the contractor's
or subcontractor's employees,

a legible statement of the schedule of wage rates specified in the
contract to the various classifications of laborers, workers, and
mechanics employed, said statement to remain posted during the life
of each contract.

Each
contractor or subcontractor shall file with the contracting public
authority upon completion of the public improvement and prior to
final payment therefor an affidavit stating that the contractor or
subcontractor has fully complied with sections 4115.03 to 4115.16 of
the Revised Code.

Sec.
4123.54.
(A)
Except as otherwise provided in this division or divisions (I) and
(K) of this section, every employee, who is injured or who contracts
an occupational disease, and the dependents of each employee who is
killed, or dies as the result of an occupational disease contracted
in the course of employment, wherever the injury has occurred or
occupational disease has been contracted, is entitled to receive the
compensation for loss sustained on account of the injury,
occupational disease, or death, and the medical, nurse, and hospital
services and medicines, and the amount of funeral expenses in case of
death, as are provided by this chapter. The compensation and benefits
shall be provided, as applicable, directly from the employee's
self-insuring employer as provided in section 4123.35 of the Revised
Code or from the state insurance fund. An employee or dependent is
not entitled to receive compensation or benefits under this division
if the employee's injury or occupational disease is either of the
following:

(1)
Purposely self-inflicted;

(2)
Caused by the employee being intoxicated, under the influence of a
controlled substance not prescribed by a physician, certified
nurse-midwife, clinical nurse specialist, or certified nurse
practitioner, or under the influence of marihuana if being
intoxicated, under the influence of a controlled substance not
prescribed by a physician, certified nurse-midwife, clinical nurse
specialist, or certified nurse practitioner, or under the influence
of marihuana was the proximate cause of the injury.

(B)
For the purpose of this section, provided that an employer has posted
written notice to employees that the results of, or the employee's
refusal to submit to, any chemical test described under this division
may affect the employee's eligibility for compensation and benefits
pursuant to this chapter and Chapter 4121. of the Revised Code, there
is a rebuttable presumption that an employee is intoxicated, under
the influence of a controlled substance not prescribed by the
employee's physician, certified nurse-midwife, clinical nurse
specialist, or certified nurse practitioner, or under the influence
of marihuana and that being intoxicated, under the influence of a
controlled substance not prescribed by the employee's physician,
certified nurse-midwife, clinical nurse specialist, or certified
nurse practitioner, or under the influence of marihuana is the
proximate cause of an injury under either of the following
conditions:

(1)
When any one or more of the following is true:

(a)
The employee, through a qualifying chemical test administered within
eight hours of an injury, is determined to have an alcohol
concentration level equal to or in excess of the levels established
in divisions (A)(1)(b) to (i) of section 4511.19 of the Revised Code.

(b)
The employee, through a qualifying chemical test administered within
thirty-two hours of an injury, is determined to have a controlled
substance not prescribed by the employee's physician, certified
nurse-midwife, clinical nurse specialist, or certified nurse
practitioner or marihuana in the employee's system at a level equal
to or in excess of the cutoff concentration level for the particular
substance as provided in section 40.87 of Title 49 of the Code of
Federal Regulations, 49 C.F.R. 40.87, as amended.

(c)
The employee, through a qualifying chemical test administered within
thirty-two hours of an injury, is determined to have barbiturates,
benzodiazepines, or methadone in the employee's system that tests
above levels established by laboratories certified by the United
States department of health and human services.

(2)
When the employee refuses to submit to a requested chemical test, on
the condition that that employee is or was given notice that the
refusal to submit to any chemical test described in division (B)(1)
of this section may affect the employee's eligibility for
compensation and benefits under this chapter and Chapter 4121. of the
Revised Code.

(C)(1)
For purposes of division (B) of this section, a chemical test is a
qualifying chemical test if it is administered to an employee after
an injury under at least one of the following conditions:

(a)
When the employee's employer had reasonable cause to suspect that the
employee may be intoxicated, under the influence of a controlled
substance not prescribed by the employee's physician, certified
nurse-midwife, clinical nurse specialist, or certified nurse
practitioner, or under the influence of marihuana;

(b)
At the request of a police officer pursuant to section 4511.191 of
the Revised Code, and not at the request of the employee's employer;

(c)
At the request of a licensed physician, certified nurse-midwife,
clinical nurse specialist, or certified nurse practitioner who is not
employed by the employee's employer, and not at the request of the
employee's employer.

(2)
As used in division (C)(1)(a) of this section, "reasonable
cause" means, but is not limited to, evidence that an employee
is or was using alcohol, a controlled substance, or marihuana drawn
from specific, objective facts and reasonable inferences drawn from
these facts in light of experience and training. These facts and
inferences may be based on, but are not limited to, any of the
following:

(a)
Observable phenomena, such as direct observation of use, possession,
or distribution of alcohol, a controlled substance, or marihuana, or
of the physical symptoms of being under the influence of alcohol, a
controlled substance, or marihuana, such as but not limited to
slurred speech; dilated pupils; odor of alcohol, a controlled
substance, or marihuana; changes in affect; or dynamic mood swings;

(b)
A pattern of abnormal conduct, erratic or aberrant behavior, or
deteriorating work performance such as frequent absenteeism,
excessive tardiness, or recurrent accidents, that appears to be
related to the use of alcohol, a controlled substance, or marihuana,
and does not appear to be attributable to other factors;

(c)
The identification of an employee as the focus of a criminal
investigation into unauthorized possession, use, or trafficking of a
controlled substance or marihuana;

(d)
A report of use of alcohol, a controlled substance, or marihuana
provided by a reliable and credible source;

(e)
Repeated or flagrant violations of the safety or work rules of the
employee's employer, that are determined by the employee's supervisor
to pose a substantial risk of physical injury or property damage and
that appear to be related to the use of alcohol, a controlled
substance, or marihuana and that do not appear attributable to other
factors.

(D)
Nothing in this section shall be construed to affect the rights of an
employer to test employees for alcohol or controlled substance abuse.

(E)
For the purpose of this section, laboratories certified by the United
States department of health and human services or laboratories that
meet or exceed the standards of that department for laboratory
certification shall be used for processing the test results of a
qualifying chemical test.

(F)
The written notice required by division (B) of this section shall be
the same size or larger than the proof of workers' compensation
coverage furnished by the bureau of workers' compensation and shall
be posted by the employer in the same location as the proof of
workers' compensation coverage or the certificate of self-insurance.

An employer may post the written notice required by division (B) of
this section on the internet in a manner that is accessible to the
employer's employees.

(G)
If a condition that pre-existed an injury is substantially aggravated
by the injury, and that substantial aggravation is documented by
objective diagnostic findings, objective clinical findings, or
objective test results, no compensation or benefits are payable
because of the pre-existing condition once that condition has
returned to a level that would have existed without the injury.

(H)(1)
Whenever, with respect to an employee of an employer who is subject
to and has complied with this chapter, there is possibility of
conflict with respect to the application of workers' compensation
laws because the contract of employment is entered into and all or
some portion of the work is or is to be performed in a state or
states other than Ohio, the employer and the employee may agree to be
bound by the laws of this state or by the laws of some other state in
which all or some portion of the work of the employee is to be
performed. The agreement shall be in writing and shall be filed with
the bureau of workers' compensation within ten days after it is
executed and shall remain in force until terminated or modified by
agreement of the parties similarly filed. If the agreement is to be
bound by the laws of this state and the employer has complied with
this chapter, then the employee is entitled to compensation and
benefits regardless of where the injury occurs or the disease is
contracted and the rights of the employee and the employee's
dependents under the laws of this state are the exclusive remedy
against the employer on account of injury, disease, or death in the
course of and arising out of the employee's employment. If the
agreement is to be bound by the laws of another state and the
employer has complied with the laws of that state, the rights of the
employee and the employee's dependents under the laws of that state
are the exclusive remedy against the employer on account of injury,
disease, or death in the course of and arising out of the employee's
employment without regard to the place where the injury was sustained
or the disease contracted. If an employer and an employee enter into
an agreement under this division, the fact that the employer and the
employee entered into that agreement shall not be construed to change
the status of an employee whose continued employment is subject to
the will of the employer or the employee, unless the agreement
contains a provision that expressly changes that status.

(2)
If an employee or the employee's dependents receive an award of
compensation or benefits under this chapter or Chapter 4121., 4127.,
or 4131. of the Revised Code for the same injury, occupational
disease, or death for which the employee or the employee's dependents
previously pursued or otherwise elected to accept workers'
compensation benefits and received a decision on the merits as
defined in section 4123.542 of the Revised Code under the laws of
another state or recovered damages under the laws of another state,
the claim shall be disallowed and the administrator or any
self-insuring employer, by any lawful means, may collect from the
employee or the employee's dependents any of the following:

(a)
The amount of compensation or benefits paid to or on behalf of the
employee or the employee's dependents by the administrator or a
self-insuring employer pursuant to this chapter or Chapter 4121.,
4127., or 4131. of the Revised Code for that award;

(b)
Any interest, attorney's fees, and costs the administrator or the
self-insuring employer incurs in collecting that payment.

(3)
If an employee or the employee's dependents receive an award of
compensation or benefits under this chapter or Chapter 4121., 4127.,
or 4131. of the Revised Code and subsequently pursue or otherwise
elect to accept workers' compensation benefits or damages under the
laws of another state for the same injury, occupational disease, or
death the claim under this chapter or Chapter 4121., 4127., or 4131.
of the Revised Code shall be disallowed. The administrator or a
self-insuring employer, by any lawful means, may collect from the
employee or the employee's dependents or other-states' insurer any of
the following:

(a)
The amount of compensation or benefits paid to or on behalf of the
employee or the employee's dependents by the administrator or the
self-insuring employer pursuant to this chapter or Chapter 4121.,
4127., or 4131. of the Revised Code for that award;

(b)
Any interest, costs, and attorney's fees the administrator or the
self-insuring employer incurs in collecting that payment;

(c)
Any costs incurred by an employer in contesting or responding to any
claim filed by the employee or the employee's dependents for the same
injury, occupational disease, or death that was filed after the
original claim for which the employee or the employee's dependents
received a decision on the merits as described in section 4123.542 of
the Revised Code.

(4)
If the employee's employer pays premiums into the state insurance
fund, the administrator shall not charge the amount of compensation
or benefits the administrator collects pursuant to division (H)(2) or
(3) of this section to the employer's experience. If the
administrator collects any costs incurred by an employer in
contesting or responding to any claim pursuant to division (H)(2) or
(3) of this section, the administrator shall forward the amount
collected to that employer. If the employee's employer is a
self-insuring employer, the self-insuring employer shall deduct the
amount of compensation or benefits the self-insuring employer
collects pursuant to this division from the paid compensation the
self-insuring employer reports to the administrator under division
(L) of section 4123.35 of the Revised Code.

(5)
If an employee is a resident of a state other than this state and is
insured under the workers' compensation law or similar laws of a
state other than this state, the employee and the employee's
dependents are not entitled to receive compensation or benefits under
this chapter, on account of injury, disease, or death arising out of
or in the course of employment while temporarily within this state,
and the rights of the employee and the employee's dependents under
the laws of the other state are the exclusive remedy against the
employer on account of the injury, disease, or death.

(6)
An employee, or the dependent of an employee, who elects to receive
compensation and benefits under this chapter or Chapter 4121., 4127.,
or 4131. of the Revised Code for a claim may not receive compensation
and benefits under the workers' compensation laws of any state other
than this state for that same claim. For each claim submitted by or
on behalf of an employee, the administrator or, if the employee is
employed by a self-insuring employer, the self-insuring employer,
shall request the employee or the employee's dependent to sign an
election that affirms the employee's or employee's dependent's
acceptance of electing to receive compensation and benefits under
this chapter or Chapter 4121., 4127., or 4131. of the Revised Code
for that claim that also affirmatively waives and releases the
employee's or the employee's dependent's right to file for and
receive compensation and benefits under the laws of any state other
than this state for that claim. The employee or employee's dependent
shall sign the election form within twenty-eight days after the
administrator or self-insuring employer submits the request or the
administrator or self-insuring employer shall dismiss that claim.

In
the event a workers' compensation claim has been filed in another
jurisdiction on behalf of an employee or the dependents of an
employee, and the employee or dependents subsequently elect to
receive compensation, benefits, or both under this chapter or Chapter
4121., 4127., or 4131. of the Revised Code, the employee or dependent
shall withdraw or refuse acceptance of the workers' compensation
claim filed in the other jurisdiction in order to pursue compensation
or benefits under the laws of this state. If the employee or
dependents were awarded workers' compensation benefits or had
recovered damages under the laws of the other state, any compensation
and benefits awarded under this chapter or Chapter 4121., 4127., or
4131. of the Revised Code shall be paid only to the extent to which
those payments exceed the amounts paid under the laws of the other
state. If the employee or dependent fails to withdraw or to refuse
acceptance of the workers' compensation claim in the other
jurisdiction within twenty-eight days after a request made by the
administrator or a self-insuring employer, the administrator or
self-insuring employer shall dismiss the employee's or employee's
dependents' claim made in this state.

(I)
If an employee who is covered under the federal "Longshore and
Harbor Workers' Compensation Act," 98 Stat. 1639, 33 U.S.C. 901
et seq., is injured or contracts an occupational disease or dies as a
result of an injury or occupational disease, and if that employee's
or that employee's dependents' claim for compensation or benefits for
that injury, occupational disease, or death is subject to the
jurisdiction of that act, the employee or the employee's dependents
are not entitled to apply for and shall not receive compensation or
benefits under this chapter and Chapter 4121. of the Revised Code.
The rights of such an employee and the employee's dependents under
the federal "Longshore and Harbor Workers' Compensation Act,"
98 Stat. 1639, 33 U.S.C. 901 et seq., are the exclusive remedy
against the employer for that injury, occupational disease, or death.

(J)
Compensation or benefits are not payable to a claimant or a dependent
during the period of confinement of the claimant or dependent in any
state or federal correctional institution, or in any county jail in
lieu of incarceration in a state or federal correctional institution,
whether in this or any other state for conviction of violation of any
state or federal criminal law.

(K)
An employer, upon the approval of the administrator, may provide for
workers' compensation coverage for the employer's employees who are
professional athletes and coaches by submitting to the administrator
proof of coverage under a league policy issued under the laws of
another state under either of the following circumstances:

(1)
The employer administers the payroll and workers' compensation
insurance for a professional sports team subject to a collective
bargaining agreement, and the collective bargaining agreement
provides for the uniform administration of workers' compensation
benefits and compensation for professional athletes.

(2)
The employer is a professional sports league, or is a member team of
a professional sports league, and all of the following apply:

(a)
The professional sports league operates as a single entity, whereby
all of the players and coaches of the sports league are employees of
the sports league and not of the individual member teams.

(b)
The professional sports league at all times maintains workers'
compensation insurance that provides coverage for the players and
coaches of the sports league.

(c)
Each individual member team of the professional sports league,
pursuant to the organizational or operating documents of the sports
league, is obligated to the sports league to pay to the sports league
any workers' compensation claims that are not covered by the workers'
compensation insurance maintained by the sports league.

If
the administrator approves the employer's proof of coverage submitted
under division (K) of this section, a professional athlete or coach
who is an employee of the employer and the dependents of the
professional athlete or coach are not entitled to apply for and shall
not receive compensation or benefits under this chapter and Chapter
4121. of the Revised Code. The rights of such an athlete or coach and
the dependents of such an athlete or coach under the laws of the
state where the policy was issued are the exclusive remedy against
the employer for the athlete or coach if the athlete or coach suffers
an injury or contracts an occupational disease in the course of
employment, or for the dependents of the athlete or the coach if the
athlete or coach is killed as a result of an injury or dies as a
result of an occupational disease, regardless of the location where
the injury was suffered or the occupational disease was contracted.

Sec.
4123.83.
Each
employer paying premiums into the state insurance fund or electing
directly to pay compensation to the employer's injured employees or
the dependents of the employer's killed employees as provided in
section 4123.35 of the Revised Code, shall post
conspicuously
in the employer's place or places of employment
notices,
which shall be furnished at least annually by the bureau of workers'
compensation.

The employer shall post the notice conspicuously in the employer's
place or places of employment or on the internet in a manner that is
accessible to the employer's employees.

The notice shall state that it is proof of workers' compensation
coverage, or that the employer has complied with section 4123.35 of
the Revised Code and has been authorized by the administrator of
workers' compensation directly to compensate employees or dependents,
and the date of the authorization. The notice shall indicate that
coverage is contingent on continued payment of premiums and
assessments due. The notice, when posted, constitutes sufficient
notice to the employer's employees of the fact that the employer
carries workers' compensation coverage or that the employer has
complied with the elective provisions of section 4123.35 of the
Revised Code.

Sec.
4167.11.
(A)
In order to further the purposes of this chapter, the administrator
of workers' compensation shall develop and maintain, for public
employers and public employees, an effective program of collection,
compilation, and analysis of employment risk reduction statistics.

(B)
To implement and maintain division (A) of this section, 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 that extend to all of the following:

(1)
Requiring each public employer to make, keep, and preserve, and make
available to the administrator, reports and records regarding the
public employer's activities, as determined by the rule that are
necessary or appropriate for the enforcement of this chapter or for
developing information regarding the causes and prevention of
occupational accidents and illnesses. The rule shall prescribe which
of these reports and records shall or may be furnished to public
employees and public employee representatives.

(2)
Requiring every public employer, through posting of notices or other
appropriate means, to keep their public employees informed of public
employees' rights and obligations under this chapter, including the
provisions of applicable Ohio employment risk reduction standards
;
.
The rule shall allow any required notice to be posted on the internet
in a manner that is accessible to the public employer's employees.

(3)
Requiring public employers to maintain accurate records of public
employee exposure to potentially toxic materials, carcinogenic
materials, and harmful physical agents that are required to be
monitored or measured under rules adopted under the guidelines of
division (C) of section 4167.07 of the Revised Code. The rule shall
provide public employees or public employee representatives an
opportunity to observe the monitoring or measuring, and to have
access on request to the records thereof, and may provide public
employees or public employee representatives an opportunity to
participate in and to undertake their own monitoring or measuring.
The rules also shall permit each current or former public employee to
have access to the records that indicate their own exposure to toxic
materials, carcinogenic materials, or harmful agents.

(C)
The administrator shall obtain any information under division (B) of
this section with a minimum burden upon the public employer and
shall, to the maximum extent feasible, reduce unnecessary duplication
of efforts in obtaining the information.

Section
2.
That
existing sections 4109.08, 4111.09, 4112.07, 4115.07, 4123.54,
4123.83, and 4167.11 of the Revised Code are hereby repealed.

Speaker
___________________ of the House of Representatives.

President
___________________ of the Senate.

Passed
________________________, 20____

Approved
________________________, 20____

Governor.

The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.

Director, Legislative
Service Commission.

Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.

Secretary of State.

File
No. _________ Effective Date ___________________