SB 33 — Allow employers to post certain labor law notices on the internet

This section does not apply 84 where the employer and employee enter into an agreement in 85 writing at the beginning of any term of employment covering 86 deductions for food, sleeping accommodations, or other similar 87 item, provided such agreement is submitted by the employer to 88 the public authority fixing the rate of wages and is approved by 89 such public authority as fair and reasonable.

90 All contractors or subcontractors falling within or 91 affected by sections 4115.03 to 4115.16 of the Revised Code, 92 shall keep full and accurate payroll records with respect to 93 wages paid each employee and the number of hours worked by each 94 employee, covering all disbursements of wages to their employees 95 to whom they are required to pay not less than the prevailing 96 rate of wages.

Such payroll records shall be open to inspection 97 by any authorized representative of the contracting public 98 authority, including the prevailing wage coordinator or the 99 director of commerce at any reasonable time and as often as may 100 be necessary, and such records shall not be destroyed or removed 101 from the state for the period of one year following the 102 completion of the public improvement in connection with which 103 the records are made.

There shall be posted in a prominent and 104 accessible place on the site of the work, or on the internet in 105 a manner that is accessible to the contractor's or 106 S.

33 Page136th 5G.A. As Passed by the Senate subcontractor's employees, a legible statement of the schedule 107 of wage rates specified in the contract to the various 108 classifications of laborers, workers, and mechanics employed, 109 said statement to remain posted during the life of each 110 contract.

111site Eachof contractorthe work, or subcontractoron shallthe fileinternet within thea 112manner contractingthat publicis authorityaccessible uponto completionthe ofcontractor's theor publicsubcontractor's 113employees, improvementa andlegible priorstatement toof finalthe paymentschedule thereforof anwage affidavitrates 114specified statingin thatthe contract to the contractorvarious orclassifications subcontractorof haslaborers, fullyworkers, compliedand 115mechanics withemployed, sectionssaid 4115.03statement to 4115.16remain ofposted during the Revisedlife Code.of each contract.

116Each Sec.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.

(A) Except as otherwise provided in this 117 division or divisions (I) and (K) of this section, every 118 employee, who is injured or who contracts an occupational 119 disease, and the dependents of each employee who is killed, or 120 dies as the result of an occupational disease contracted in the 121 course of employment, wherever the injury has occurred or 122 occupational disease has been contracted, is entitled to receive 123 the compensation for loss sustained on account of the injury, 124 occupational disease, or death, and the medical, nurse, and 125 hospital services and medicines, and the amount of funeral 126 expenses in case of death, as are provided by this chapter.

The 127 compensation and benefits shall be provided, as applicable, 128 directly from the employee's self-insuringself- insuring employer as provided 129 in section 4123.35 of the Revised Code or from the state 130 insurance fund.

An employee or dependent is not entitled to 131 receive compensation or benefits under this division if the 132 employee's injury or occupational disease is either of the 133 following:

134 (1) Purposely self-inflicted;

135 (2) Caused by the employee being intoxicated, under the 136influence S.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 S.

33 Page136th 6G.A. As Passed by the Senate influence of a controlled substance not prescribed by a 137 physician, certified nurse-midwife, clinical nurse specialist, 138 or certified nurse practitioner, or under the influence of 139 marihuana if being intoxicated, under the influence of a 140 controlled substance not prescribed by a physician, certified 141 nurse-midwife, clinical nurse specialist, or certified nurse 142 practitioner, or under the influence of marihuana was the 143 proximate cause of the injury.

144injury, (B)is Fordetermined theto purposehave of this section, provided that an 145alcohol employerconcentration haslevel postedequal writtento noticeor toin employeesexcess thatof the resultslevels 146established of,in ordivisions the(A)(1)(b) employee's refusal to submit(i) to,of anysection chemical4511.19 testof 147 described under this division may affect the employee'sRevised 148Code. eligibility for compensation and benefits pursuant to this 149 chapter and Chapter 4121.

of(b) theThe Revisedemployee, Code,through there is a 150qualifying rebuttablechemical presumptiontest thatadministered anwithin employeethirty-two ishours intoxicated,of underan 151injury, theis influencedetermined ofto have a controlled substance not prescribed by the 152 employee's physician, certified nurse-midwife, clinical nurse 153 specialist, or certified nurse practitioner,practitioner or under the 154 influence of marihuana andin that being intoxicated, under the 155employee's influencesystem ofat a controlledlevel substanceequal notto prescribedor byin theexcess 156of employee'sthe physician,cutoff certifiedconcentration nurse-midwife,level clinicalfor nursethe 157particular specialist,substance oras certifiedprovided nursein practitioner,section or40.87 underof theTitle 15849 influence of marihuana is the proximateCode cause of anFederal injuryRegulations, under49 159C.F.R. either of the following conditions:

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

161 (a) The employee, through a qualifying chemical test 162 administered within eight hours of an injury, is determined to 163 have an alcohol concentration level equal to or in excess of the 164 levels established in divisions (A)(1)(b) to (i) of section 165 4511.19 of the Revised Code.

166 S.

B.

No.

33 Page 7 As Passed by the Senate (b) The employee, through a qualifying chemical test 167 administered within thirty-two hours of an injury, is determined 168 to have a controlled substance not prescribed by the employee's 169 physician, certified nurse-midwife, clinical nurse specialist, 170 or certified nurse practitioner or marihuana in the employee's 171 system at a level equal to or in excess of the cutoff 172 concentration level for the particular substance as provided in 173 section 40.87 of Title 49 of the Code of Federal Regulations, 49 174 C.F.R.

175 (c) The employee, through a qualifying chemical test 176 administered within thirty-two hours of an injury, is determined 177 to have barbiturates, benzodiazepines, or methadone in the 178 employee's system that tests above levels established by 179 laboratories certified by the United States department of health 180 and human services.

181 (2) When the employee refuses to submit to a requested 182 chemical test, on the condition that that employee is or was 183 given notice that the refusal to submit to any chemical test 184 described in division (B)(1) of this section may affect the 185 employee's eligibility for compensation and benefits under this 186 chapter and Chapter 4121.

187 (C)(1) For purposes of division (B) of this section, a 188 chemical test is a qualifying chemical test if it is 189 administered to an employee after an injury under at least one 190 of the following conditions:

191 (a) When the employee's employer had reasonable cause to 192 suspect that the employee may be intoxicated, under the 193 influence of a controlled substance not prescribed by the 194 employee's physician, certified nurse-midwife, clinical nurse 195 specialist, or certified nurse practitioner, or under the 196influence S.of marihuana;

B.(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;

No.(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.

33(2) PageAs 8used Asin Passeddivision by(C)(1)(a) theof Senatethis influencesection, "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 marihuana;experience and training.

197These (b)facts Atand theinferences requestmay ofbe abased policeon, officerbut pursuantare to section 198 4511.191 of the Revised Code, and not atlimited theto, requestany of the 199following: employee's employer;

200(a) (c)Observable Atphenomena, thesuch requestas direct observation of ause, licensedpossession, physician,or certifieddistribution 201of nurse-midwife,alcohol, clinicala nursecontrolled specialist,substance, or certifiedmarihuana, nurseor 202of practitionerthe whophysical issymptoms notof employedbeing byunder the employee'sinfluence employer,of andalcohol, 203a notcontrolled atsubstance, theor requestmarihuana, ofsuch theas employee'sbut employer.not limited to slurred speech;

204dilated (2)pupils; As used in division (C)(1)(a) of this section, 205 "reasonable cause" means, but is not limited to, evidence that 206 an employee is or was using alcohol, a controlled substance, or 207 marihuana drawn from specific, objective facts and reasonable 208 inferences drawn from these facts in light of experience and 209 training.

These facts and inferences may be based on, but are 210 not limited to, any of the following:

211 (a) Observable phenomena, such as direct observation of 212 use, possession, or distribution of alcohol, a controlled 213 substance, or marihuana, or of the physical symptoms of being 214 under the influence of alcohol, a controlled substance, or 215 marihuana, such as but not limited to slurred speech;

dilated 216 pupils;

217 changes in affect;

218 (b) A pattern of abnormal conduct, erratic or aberrant 219 behavior, or deteriorating work performanceS. such as frequent 220 absenteeism, excessive tardiness, or recurrent accidents, that 221 appears to be related to the use of alcohol, a controlled 222 substance, or marihuana, and does not appear to be attributable 223 to other factors;

224 (c) The identification of an employee as the focus of a 225 S.

33 Page136th 9G.A. As Passed by the Senate criminal investigation into unauthorized possession, use, or 226 trafficking of a controlled substance or marihuana;

227performance (d)such Aas reportfrequent ofabsenteeism, excessive tardiness, or recurrent accidents, that appears to be related to the use of alcohol, a controlled substance, or 228marihuana, marihuanaand provideddoes bynot aappear reliableto andbe credibleattributable source;to other factors;

229(c) (e)The Repeatedidentification orof flagrantan violationsemployee ofas the safetyfocus or work 230 rules of the employee's employer, that are determined by the 231 employee's supervisor to pose a substantialcriminal riskinvestigation ofinto physicalunauthorized 232possession, injuryuse, or propertytrafficking damage and that appear to be related to the 233 use of alcohol, a controlled substance,substance or marihuanamarihuana; and that do 234 not appear attributable to other factors.

235(d) (D)A Nothingreport inof thisuse section shall be construed to affect 236 the rights of analcohol, employera tocontrolled testsubstance, employeesor formarihuana alcoholprovided orby 237a controlledreliable substanceand abuse.credible source;

238(e) (E)Repeated Foror flagrant violations of the purposesafety or work rules of thisthe section,employee's laboratoriesemployer, 239that certifiedare determined by the Unitedemployee's Statessupervisor departmentto ofpose healtha andsubstantial humanrisk 240of servicesphysical injury or laboratoriesproperty thatdamage meetand orthat exceedappear theto standardsbe ofrelated 241to thatthe departmentuse forof laboratoryalcohol, certificationa shallcontrolled besubstance, usedor formarihuana 242and processingthat thedo testnot resultsappear ofattributable ato qualifyingother chemicalfactors. test.

243(D) (F)Nothing Thein written notice required by division (B) of this 244 section shall be theconstrued sameto sizeaffect or larger than the proofrights of 245an workers' compensation coverage furnished by the bureau of 246 workers' compensation and shall be posted by the employer into thetest 247employees samefor locationalcohol as the proof of workers' compensation coverage or 248controlled thesubstance certificateabuse. of self-insurance.

An(E) employerFor maythe postpurpose theof 249this writtensection, noticelaboratories requiredcertified by divisionthe (B)United States department of thishealth sectionand onhuman theservices 250or internetlaboratories inthat ameet manneror exceed the standards of that isdepartment accessiblefor tolaboratory certification shall be used for processing the employer'stest 251results employees.of a qualifying chemical test.

252(F) (G)The Ifwritten anotice conditionrequired thatby pre-existeddivision an(B) injuryof isthis 253section substantiallyshall aggravatedbe the same size or larger than the proof of workers' compensation coverage furnished by the injury,bureau of workers' compensation and thatshall substantialbe 254posted S.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 S.

33 Page136th 10G.A. As Passed by the Senate aggravation is documented by objective diagnostic findings, 255 objective clinical findings, or objective test results, no 256 compensation or benefits are payable because of the pre-existing 257 condition once that condition has returned to a level that would 258 have existed without the injury.

259death (H)(1)in Whenever, with respect to an employee of an 260 employer who is subject to and has complied with this chapter, 261 there is possibility of conflict with respect to the applicationcourse 262 of workers' compensation laws because the contract of employment 263 is entered into and allarising orout some portion of the workemployee's isemployment. or is to 264 be performed in a state or states other than Ohio, the employer 265 and the employee may agree to be bound by the laws of this state 266 or by the laws of some other state in which all or some portion 267 of the work of the employee is to be performed.

TheIf the agreement 268is shallto be inbound writingby the laws of another state and shallthe beemployer filedhas complied with the bureaulaws of 269that workers'state, compensationthe withinrights tenof daysthe afteremployee itand isthe executedemployee's anddependents 270under shallthe remainlaws inof forcethat untilstate terminatedare the exclusive remedy against the employer on account of injury, disease, or modifieddeath byin agreementthe 271course of and arising out of the partiesemployee's similarlyemployment filed.without regard to the place where the injury was sustained or the disease contracted.

If thean agreementemployer isand toan beemployee boundenter 272into byan theagreement lawsunder of this statedivision, and the employerfact hasthat compliedthe withemployer 273and this chapter, then the employee isentered entitledinto tothat compensationagreement andshall 274not benefitsbe regardlessconstrued ofto wherechange the injurystatus occurs or the disease is 275 contracted and the rights of thean employee andwhose thecontinued employee'semployment 276is dependentssubject underto the lawswill of this state are the exclusive remedy 277 against the employer on account of injury, disease, or deaththe inemployee, 278unless the courseagreement ofcontains anda arisingprovision outthat ofexpressly thechanges employee'sthat employment.status.

(2) If 279an the agreement is to be bound by the laws of another state and 280 the employer has complied with the laws of that state, the 281 rights of the employee andor the employee's dependents underreceive thean 282award laws of thatcompensation stateor arebenefits theunder exclusivethis remedychapter againstor theChapter employer4121., 2834127., on account of injury, disease, or death4131. in the course of and 284 arising out of the employee's employment without regard to the 285 S.

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.

S.

33 Page136th 11G.A. As Passed by the Senate place where the injury was sustained or the disease contracted.

286(4) If anthe employee's employer andpays anpremiums employee enter into an agreement under 287 this division, the factstate thatinsurance thefund, employer and the employeeadministrator 288 entered into that agreement shall not becharge construed to change the 289amount status of ancompensation employeeor whosebenefits continuedthe employmentadministrator iscollects subjectpursuant to 290division the(H)(2) willor (3) of thethis employersection orto the employee,employer's unlessexperience. the agreement 291 contains a provision that expressly changes that status.

292If (2)the Ifadministrator collects any costs incurred by an employeeemployer orin thecontesting employee'sor dependentsresponding receiveto anany 293claim awardpursuant ofto compensationdivision (H)(2) or benefits(3) underof this chaptersection, orthe Chapteradministrator 294shall 4121.,forward 4127.,the oramount 4131.collected to that employer.

ofIf the Revised Code for the same injury, 295 occupational disease, or death for which the employee or the 296 employee's dependentsemployer previouslyis pursued or otherwise elected to 297 accept workers' compensation benefits and received a decisionself-insuring onemployer, 298 the meritsself-insuring asemployer definedshall indeduct section 4123.542 of the Revisedamount Code 299 under the laws of anothercompensation state or recoveredbenefits damages under the 300self-insuring lawsemployer ofcollects anotherpursuant state,to thethis claimdivision shallfrom bethe disallowedpaid andcompensation the 301 administrator or any self-insuring employer,employer byreports anyto lawful 302 means, may collect from the employeeadministrator orunder thedivision employee's(L) 303of dependentssection any4123.35 of the following:Revised Code.

304(5) (a)If Thean amountemployee is a resident of a state other than this state and is insured under the workers' compensation law or benefitssimilar paidlaws 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 305account behalfof injury, disease, or death arising out of or in the course of employment while temporarily within this state, and the rights of the employee orand the employee's dependents byunder the 306laws administratorof orthe aother self-insuringstate employerare pursuantthe toexclusive thisremedy 307against chapterthe oremployer Chapteron 4121.,account 4127.,of the injury, disease, or 4131.death.

of(6) An employee, or the Reviseddependent Codeof 308an foremployee, thatwho award;elects to receive compensation and benefits under this chapter or Chapter 4121., 4127., or 4131.

309of (b)the AnyRevised interest,Code attorney'sfor fees,a claim may not receive compensation and costsbenefits under the 310workers' administratorcompensation orlaws theof self-insuringany employerstate incursother inthan collectingthis 311state for that payment.same claim.

312For (3)each Ifclaim 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 dependentsdependent receiveto sign an 313election awardthat affirms the employee's or employee's dependent's acceptance of electing to receive compensation orand benefits under this chapter or Chapter 314 4121., 4127., or 4131.

of the Revised Code for that claim that also affirmatively waives and subsequentlyreleases 315the S.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 S.

33 Page136th 12G.A. As Passed by the Senate pursue or otherwise elect to accept workers' compensation 316 benefits or damages under the laws of another state for the same 317 injury, occupational disease, or death the claim under this 318 chapter or Chapter 4121., 4127., or 4131.

ofin the Revisedother Codejurisdiction 319within twenty-eight days after a request made by the administrator or a self- insuring employer, the administrator or self-insuring employer shall bedismiss disallowed.the employee's or employee's dependents' claim made in this state.

The(I) administratorIf oran aemployee self-insuringwho 320is employer,covered byunder any lawful means, may collect from the employeefederal or"Longshore 321and theHarbor employee'sWorkers' dependentsCompensation orAct," other-states'98 insurerStat. any of the 322 following:

3231639, (a)33 TheU.S.C. amount of compensation or benefits paid to or on 324 behalf of the employee or the employee's dependents by the 325 administrator or the self-insuring employer pursuant to this 326 chapter or Chapter 4121., 4127., or 4131.

901 et seq., is injured or contracts an occupational disease or dies as a result of thean Revisedinjury Codeor 327occupational disease, and if that employee's or that employee's dependents' claim for compensation or benefits for that award;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.

328 (b) Any interest, costs, and attorney's fees the 329 administrator or the self-insuring employer incurs in collecting 330 that payment;

331 (c) Any costs incurred by an employer in contesting or 332 responding to any claim filed by the employee or the employee's 333 dependents for the same injury, occupational disease, or death 334 that was filed after the original claim for which the employee 335 or the employee's dependents received a decision on the merits 336 as described in section 4123.542 of the Revised Code.

337 (4) If the employee's employer pays premiums into the 338 state insurance fund, the administrator shall not charge the 339 amount of compensation or benefits the administrator collects 340 pursuant to division (H)(2) or (3) of this section to the 341 employer's experience.

If the administrator collects any costs 342 incurred by an employer in contesting or responding to any claim 343 pursuant to division (H)(2) or (3) of this section, the 344 administrator shall forward the amount collected to that 345 S.

B.

No.

33 Page 13 As Passed by the Senate employer.

If the employee's employer is a self-insuring 346 employer, the self-insuring employer shall deduct the amount of 347 compensation or benefits the self-insuring employer collects 348 pursuant to this division from the paid compensation the self- 349 insuring employer reports to the administrator under division 350 (L) of section 4123.35 of the Revised Code.

351 (5) If an employee is a resident of a state other than 352 this state and is insured under the workers' compensation law or 353 similar laws of a state other than this state, the employee and 354 the employee's dependents are not entitled to receive 355 compensation or benefits under this chapter, on account of 356 injury, disease, or death arising out of or in the course of 357 employment while temporarily within this state, and the rights 358 of the employee and the employee's dependents under the laws of 359 the other state are the exclusive remedy against the employer on 360 account of the injury, disease, or death.

361 (6) An employee, or the dependent of an employee, who 362 elects to receive compensation and benefits under this chapter 363 or Chapter 4121., 4127., or 4131.

of the Revised Code for a 364 claim may not receive compensation and benefits under the 365 workers' compensation laws of any state other than this state 366 for that same claim.

For each claim submitted by or on behalf of 367 an employee, the administrator or, if the employee is employed 368 by a self-insuring employer, the self-insuring employer, shall 369 request the employee or the employee's dependent to sign an 370 election that affirms the employee's or employee's dependent's 371 acceptance of electing to receive compensation and benefits 372 under this chapter or Chapter 4121., 4127., or 4131.

of the 373 Revised Code for that claim that also affirmatively waives and 374 releases the employee's or the employee's dependent's right to 375 file for and receive compensation and benefits under the laws of 376 S.

B.

No.

33 Page 14 As Passed by the Senate any state other than this state for that claim.

The employee or 377 employee's dependent shall sign the election form within twenty- 378 eight days after the administrator or self-insuring employer 379 submits the request or the administrator or self-insuring 380 employer shall dismiss that claim.

381 In the event a workers' compensation claim has been filed 382 in another jurisdiction on behalf of an employee or the 383 dependents of an employee, and the employee or dependents 384 subsequently elect to receive compensation, benefits, or both 385 under this chapter or Chapter 4121., 4127., or 4131.

of the 386 Revised Code, the employee or dependent shall withdraw or refuse 387 acceptance of the workers' compensation claim filed in the other 388 jurisdiction in order to pursue compensation or benefits under 389 the laws of this state.

If the employee or dependents were 390 awarded workers' compensation benefits or had recovered damages 391 under the laws of the other state, any compensation and benefits 392 awarded under this chapter or Chapter 4121., 4127., or 4131.

of 393 the Revised Code shall be paid only to the extent to which those 394 payments exceed the amounts paid under the laws of the other 395 state.

If the employee or dependent fails to withdraw or to 396 refuse acceptance of the workers' compensation claim in the 397 other jurisdiction within twenty-eight days after a request made 398 by the administrator or a self-insuring employer, the 399 administrator or self-insuring employer shall dismiss the 400 employee's or employee's dependents' claim made in this state.

401 (I) If an employee who is covered under the federal 402 "Longshore and Harbor Workers' Compensation Act," 98 Stat.

1639, 403 U.S.C.

901 et seq., is injured or contracts an occupational 404 disease or dies as a result of an injury or occupational 405 disease, and if that employee's or that employee's dependents' 406 claim for compensation or benefits for that injury, occupational 407 S.

B.

No.

33 Page 15 As Passed by the Senate disease, or death is subject to the jurisdiction of that act, 408 the employee or the employee's dependents are not entitled to 409 apply for and shall not receive compensation or benefits under 410 this chapter and Chapter 4121.

The rights 411 of such an employee and the employee's dependents under the 412 federal "Longshore and Harbor Workers' Compensation Act," 98 413 Stat.

901 et seq., are the exclusive remedy 414 against the employer for that injury, occupational disease, or 415 death.

416 (J) Compensation or benefits are not payable to a claimant 417 or a dependent during the period of confinement of the claimant 418 or dependent in any state or federal correctional institution, 419 or in any county jail in lieu of incarceration in a state or 420 federal correctional institution, whether in this or any other 421 state for conviction of violation of any state or federal 422 criminal law.

423 (K) An employer, upon the approval of the administrator, 424 may provide for workers' compensation coverage for the 425 employer's employees who are professional athletes and coaches 426 by submitting to the administrator proof of coverage under a 427 league policy issued under the laws of another state under 428 either of the following circumstances:

429 (1) The employer administers the payroll and workers' 430 compensation insurance for a professional sports team subject to 431 a collective bargaining agreement, and the collective bargaining 432 agreement provides for the uniform administration of workers' 433 compensation benefits and compensation for professional 434 athletes.

435 (2) The employer is a professional sports league, or is a 436 member team of a professional sports league, and all of the 437following S.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 S.

33 Page136th 16G.A. As Passed by the Senate following apply:

438compensation (a)or Thebenefits professionalunder sportsthis leaguechapter operates as a single 439 entity, whereby all of the players and coachesChapter of4121. the sports 440 league are employees of the sports league and not of the 441 individual member teams.

442 (b) The professional sports league at all times maintains 443 workers' compensation insurance that provides coverage for the 444 players and coaches of the sportsRevised league.Code.

445The (c)rights Eachof individualsuch memberan teamathlete or coach and the dependents of such an athlete or coach under the professionallaws sportsof 446the league,state pursuantwhere tothe policy was issued are the organizationalexclusive remedy against the employer for the athlete or operatingcoach documentsif ofthe 447athlete or coach suffers an injury or contracts an occupational disease in the sportscourse league,of isemployment, obligatedor tofor the sportsdependents leagueof tothe payathlete toor 448the coach if the sportsathlete leagueor anycoach workers'is compensationkilled claimsas thata areresult notof 449an coveredinjury byor dies as a result of an occupational disease, regardless of the workers'location compensationwhere insurancethe maintainedinjury bywas suffered or the 450occupational sportsdisease league.was contracted.

451Sec. If the administrator approves the employer's proof of 452 coverage submitted under division (K) of this section, a 453 professional athlete or coach who is an employee of the employer 454 and the dependents of the professional athlete or coach are not 455 entitled to apply for and shall not receive compensation or 456 benefits under this chapter and Chapter 4121.

of the Revised 457 Code.

The rights of such an athlete or coach and the dependents 458 of such an athlete or coach under the laws of the state where 459 the policy was issued are the exclusive remedy against the 460 employer for the athlete or coach if the athlete or coach 461 suffers an injury or contracts an occupational disease in the 462 course of employment, or for the dependents of the athlete or 463 the coach if the athlete or coach is killed as a result of an 464 injury or dies as a result of an occupational disease, 465 regardless of the location where the injury was suffered or the 466 occupational disease was contracted.

467 S.

B.

No.

33 Page 17 As Passed by the Senate Sec.

Each employer paying premiums into the state 468 insurance fund or electing directly to pay compensation to the 469 employer's injured employees or the dependents of the employer's 470 killed employees as provided in section 4123.35 of the Revised 471 Code, shall post conspicuously in the employer's place or places 472 of employment notices, which shall be furnished at least 473 annually by the bureau of workers' compensation.

The employer 474 shall post the notice conspicuously in the employer's place or 475 places of employment or on the internet in a manner that is 476 accessible to the employer's employees.

The notice shall state 477 that it is proof of workers' compensation coverage, or that the 478 employer has complied with section 4123.35 of the Revised Code 479 and has been authorized by the administrator of workers' 480 compensation directly to compensate employees or dependents, and 481 the date of the authorization.

The notice shall indicate that 482 coverage is contingent on continued payment of premiums and 483 assessments due.

The notice, when posted, constitutes sufficient 484 notice to the employer's employees of the fact that the employer 485 carries workers' compensation coverage or that the employer has 486 complied with the elective provisions of section 4123.35 of the 487 Revised Code.

488 Sec.

(A) In order to further the purposes of this 489 chapter, the administrator of workers' compensation shall 490 develop and maintain, for public employers and public employees, 491 an effective program of collection, compilation, and analysis of 492 employment risk reduction statistics.

493 (B) To implement and maintain division (A) of this 494 section, the administrator, with the advice and consent of the 495 bureau of workers' compensation board of directors, shall adopt 496 rules in accordance with Chapter 119.

of the Revised Code that 497 extend to all of the following:

498(1) S.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.

S.

33 Page136th 18G.A. As Passed by the Senate (1) Requiring each public employer to make, keep, and 499 preserve, and make available to the administrator, reports and 500 records regarding the public employer's activities, as 501 determined by the rule that are necessary or appropriate for the 502 enforcement of this chapter or for developing information 503 regarding the causes and prevention of occupational accidents 504 and illnesses.

The(3) ruleRequiring shallpublic prescribeemployers whichto maintain accurate records of thesepublic reportsemployee 505exposure to potentially toxic materials, carcinogenic materials, and recordsharmful shallphysical oragents maythat beare furnishedrequired to publicbe employeesmonitored andor 506measured publicunder employeerules representatives.adopted under the guidelines of division (C) of section 4167.07 of the Revised Code.

507The (2)rule Requiringshall everyprovide public employer,employees throughor postingpublic ofemployee 508representatives noticesan oropportunity otherto appropriateobserve means,the tomonitoring keepor theirmeasuring, publicand 509to employeeshave informedaccess ofon publicrequest employees'to rightsthe records thereof, and obligationsmay 510provide underpublic thisemployees chapter,or includingpublic theemployee provisionsrepresentatives ofan applicableopportunity Ohioto 511participate employmentin riskand reductionto standards;.undertake their own monitoring or measuring.

The rulerules also shall allowpermit anyeach 512current requiredor noticeformer public employee to behave postedaccess onto the internetrecords inthat aindicate mannertheir thatown isexposure 513to accessibletoxic tomaterials, thecarcinogenic publicmaterials, employer'sor employees.harmful agents.

514(C) (3)The Requiringadministrator publicshall employersobtain toany maintaininformation accurateunder 515division records(B) of publicthis employeesection exposurewith toa potentiallyminimum toxicburden 516upon materials,the carcinogenicpublic materials,employer and harmfulshall, physical agents 517 that are required to bethe monitoredmaximum orextent measuredfeasible, underreduce rulesunnecessary 518duplication adopted under the guidelines of divisionefforts (C)in ofobtaining section 4167.07 519 of the Revisedinformation. Code.

TheSECTION rule2. shall provide public employees or 520 public employee representatives an opportunity to observe the 521 monitoring or measuring, and to have access on request to the 522 records thereof, and may provide public employees or public 523 employee representatives an opportunity to participate in and to 524 undertake their own monitoring or measuring.

TheThat rulesexisting alsosections 5254109.08, shall4111.09, permit4112.07, each4115.07, current4123.54, or4123.83, formerand public4167.11 employeeof to have 526 access to the recordsRevised thatCode indicateare theirhereby ownrepealed. exposure to toxic 527 materials, carcinogenic materials, or harmful agents.

528 S.

33 Page136th 19G.A. As Passed by the Senate (C) The administrator shall obtain any information under 529 division (B) of this section with a minimum burden upon the 530 public employer and shall, to the maximum extent feasible, 531 reduce unnecessary duplication of efforts in obtaining the 532 information.

533Speaker Section___________________ 2.of the House of Representatives.

ThatPresident existing___________________ sections 4109.08, 4111.09, 534 4112.07, 4115.07, 4123.54, 4123.83, and 4167.11 of the RevisedSenate. 535 Code are hereby repealed.

536Passed ________________________, 20____ Approved ________________________, 20____ Governor.

S.

B.

No.

33 136th G.A.

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 ___________________