HB 94 — Allow employers to post certain labor law notices on the internet

As ReportedPassed by the House Commerce and Labor Committee 136th General Assembly Regular Session H.

ACosponsors: BILL To amend sections 4109.08, 4111.09, 4112.07, 1 4115.07, 4123.54, 4123.83, and 4167.11 of the 2 Revised Code to allow employers to post certain 3 labor law notices on the internet.

Representatives Abrams, Claggett, Daniels, Deeter, Fischer, Gross, Hiner, Johnson, King, Kishman, LaRe, Newman, Peterson, Plummer, Robb Blasdel, Roemer, Santucci, Williams, Willis A BILL To amend sections 4109.08, 4111.09, 4112.07, 1 4115.07, 4123.54, 4123.83, and 4167.11 of the 2 Revised Code to allow employers to post certain 3 labor law notices on the internet.

14 (1) On the premises in plain view in a conspicuous place 15 which is frequented by the largest number of minor employees, 16 andH. to which all minor employees have access;

17 (2) On the internet in a manner that is accessible to the 18 H.

94 Page 2 As ReportedPassed by the House Commerce and Laborto Committeewhich employer'sall employees.minor employees have access;

17 (2) On the internet in a manner that is accessible to the 18 employer's employees.

46 Sec.H.

4111.09.

(A) Every employer subject to sections 47 4111.01 to 4111.17 of the Revised Code, or to any rules issued 48 H.

94 Page 3 As ReportedPassed by the House CommerceSec. and Labor Committee thereunder, shall keep a summary of the sections, approved by 49 the director of commerce, and copies of any applicable rules 50 issued thereunder, or a summary of the rules, posted in one of 51 the following ways:

4111.09.

(A) Every employer subject to sections 47 4111.01 to 4111.17 of the Revised Code, or to any rules issued 48 thereunder, shall keep a summary of the sections, approved by 49 the director of commerce, and copies of any applicable rules 50 issued thereunder, or a summary of the rules, posted in one of 51 the following ways:

All contractors and subcontractors required 73 by sections 4115.03 to 4115.16 of the Revised Code, and the 74 action of any public authority to pay not less than the 75 prevailing rate of wages shall make full payment of such wages 76 in legal tender, without any deduction for food, sleeping 77 H.

94 Page 4 As ReportedPassed by the House Commerceprevailing andrate Laborof Committeewages shall make full payment of such wages 76 in legal tender, without any deduction for food, sleeping 77 accommodations, transportation, use of small tools, or any other 78 thing of any kind or description.

106 Each contractor or subcontractor shall file with the 107 contracting public authority upon completion of the public 108 H.

94 Page 5 As ReportedPassed by the House CommerceEach andcontractor Laboror Committeesubcontractor shall file with the 107 contracting public authority upon completion of the public 108 improvement and prior to final payment therefor an affidavit 109 stating that the contractor or subcontractor has fully complied 110 with sections 4115.03 to 4115.16 of the Revised Code.

136 (B) For the purpose of this section, provided that an 137 employer has posted written notice to employees that the results 138 H.

94 Page 6 As ReportedPassed by the House Commerce(B) andFor Laborthe Committeepurpose of this section, provided that an 137 employer has posted written notice to employees that the results 138 of, or the employee's refusal to submit to, any chemical test 139 described under this division may affect the employee's 140 eligibility for compensation and benefits pursuant to this 141 chapter and Chapter 4121.

162 (c) The employee, through a qualifying chemical test 163 administered within thirty-two hours of an injury, is determined 164 to have barbiturates, benzodiazepines, or methadone in the 165 employee's system that tests above levels established by 166 laboratoriesH. certified by the United States department of health 167 and human services.

168 H.

94 Page 7 As ReportedPassed by the House Commercelaboratories andcertified Laborby Committee (2) When the employeeUnited refusesStates todepartment submit to a requested 169 chemical test, on the condition that that employee is or was 170 given notice that the refusal to submit to any chemical test 171 described in division (B)(1) of thishealth section167 may affect the 172 employee's eligibility for compensation and benefitshuman underservices. this 173 chapter and Chapter 4121.

168 (2) When the employee refuses to submit to a requested 169 chemical test, on the condition that that employee is or was 170 given notice that the refusal to submit to any chemical test 171 described in division (B)(1) of this section may affect the 172 employee's eligibility for compensation and benefits under this 173 chapter and Chapter 4121.

195 (a) Observable phenomena, such as direct observation of 196 use, possession, or distribution of alcohol, a controlled 197 H.

94 Page 8 As ReportedPassed by the House Commerce(a) andObservable Laborphenomena, Committeesuch as direct observation of 196 use, possession, or distribution of alcohol, a controlled 197 substance, or marihuana, or of the physical symptoms of being 198 under the influence of alcohol, a controlled substance, or 199 marihuana, such as but not limited to slurred speech;

222 (E) For the purpose of this section, laboratories 223 certified by the United States department of health and human 224 services or laboratories that meet or exceed the standards of 225 that department for laboratory certification shall be used for 226 H.

94 Page 9 As ReportedPassed by the House Commerceservices andor Laborlaboratories Committeethat meet or exceed the standards of 225 that department for laboratory certification shall be used for 226 processing the test results of a qualifying chemical test.

The agreement 252 shall be in writing and shall be filed with the bureau of 253 workers' compensation within ten days after it is executed and 254 shallH. remain in force until terminated or modified by agreement 255 of the parties similarly filed.

If the agreement is to be bound 256 H.

94 Page 10 As ReportedPassed by the House Commerceshall andremain Laborin Committeeforce byuntil theterminated laws of this state and the employer has complied with 257 this chapter, then the employee is entitled to compensation and 258 benefits regardless of where the injury occurs or themodified diseaseby isagreement 259255 contracted and the rights of the employeeparties andsimilarly thefiled. employee's 260 dependents under the laws of this state are the exclusive remedy 261 against the employer on account of injury, disease, or death in 262 the course of and arising out of the employee's employment.

If the agreement is to be bound 256 by the laws of this state and the employer has complied with 257 this chapter, then the employee is entitled to compensation and 258 benefits regardless of where the injury occurs or the disease is 259 contracted and the rights of the employee and the employee's 260 dependents under the laws of this state are the exclusive remedy 261 against the employer on account of injury, disease, or death in 262 the course of and arising out of the employee's employment.

of the Revised Code for the same injury, 279 occupational disease, or death for which the employee or the 280 employee's dependents previously pursued or otherwise elected to 281 accept workers' compensation benefits and received a decision on 282 the merits as defined in section 4123.542 of the Revised Code 283 under the laws of another state or recovered damages under the 284 laws of another state, the claim shall be disallowed and the 285 administrator or any self-insuring employer, by any lawful 286 means, may collect from the employee or the employee's 287 H.

94 Page 11 As ReportedPassed by the House Commerceadministrator andor Laborany Committeeself-insuring employer, by any lawful 286 means, may collect from the employee or the employee's 287 dependents any of the following:

312 (b) Any interest, costs, and attorney's fees the 313 administrator or the self-insuring employer incurs in collecting 314 thatH. payment;

315 (c) Any costs incurred by an employer in contesting or 316 H.

94 Page 12 As ReportedPassed by the House Commerce and Labor Committee responding to any claim filed by the employee or the employee's 317 dependents for the same injury, occupational disease, or death 318 that waspayment; filed after the original claim for which the employee 319 or the employee's dependents received a decision on the merits 320 as described in section 4123.542 of the Revised Code.

315 (c) Any costs incurred by an employer in contesting or 316 responding to any claim filed by the employee or the employee's 317 dependents for the same injury, occupational disease, or death 318 that was filed after the original claim for which the employee 319 or the employee's dependents received a decision on the merits 320 as described in section 4123.542 of the Revised Code.

335 (5) If an employee is a resident of a state other than 336 this state and is insured under the workers' compensation law or 337 similar laws of a state other than this state, the employee and 338 the employee's dependents are not entitled to receive 339 compensation or benefits under this chapter, on account of 340 injury, disease, or death arising out of or in the course of 341 employment while temporarily within this state, and the rights 342 of the employee and the employee's dependents under the laws of 343 the other state are the exclusive remedy against the employer on 344 accountH. of the injury, disease, or death.

345 (6) An employee, or the dependent of an employee, who 346 H.

94 Page 13 As ReportedPassed by the House Commerceaccount andof Laborthe Committeeinjury, electsdisease, to receive compensation and benefits under this chapter 347 or Chapterdeath. 4121., 4127., or 4131.