Ohio Administrative Code Title 4167 - Public Employment Risk Reduction Program
Ohio Administrative Code Title 4167 — Public Employment Risk Reduction Program (PERRP)
1. Overview of Title 4167 OAC
Title 4167 governs the Public Employment Risk Reduction Program (PERRP) in Ohio. This program is designed to promote workplace safety and health in public sector employment, including state, county, municipal, and other local government entities. The rules are administered by the Ohio Department of Commerce, Division of Industrial Compliance, under authority granted by Ohio Revised Code Chapter 4167.
PERRP's primary goal is to reduce occupational injuries and illnesses among public employees by enforcing safety and health standards, conducting inspections, and providing guidance to public employers.
2. Statutory Authority and Purpose
The program is authorized under Ohio Revised Code (ORC) Chapter 4167.
PERRP applies to most public employers in Ohio but excludes private employers, federal government employees, and specific exempted entities.
The rules establish procedures for inspections, citations, penalties, appeals, and employer obligations to maintain a safe workplace.
The overarching purpose is to protect public employees from hazards that can cause injury or illness during the course of employment.
3. Scope and Coverage (OAC 4167-1)
Applies to all public employers and employees within Ohio, including:
State agencies
Political subdivisions (cities, counties, townships)
Public schools and universities
The program covers a wide range of safety and health hazards, modeled closely on federal OSHA standards.
Specific exemptions exist, e.g., certain law enforcement activities and volunteer firefighters may have limited coverage.
4. Inspections and Investigations (OAC 4167-2)
PERRP inspectors have authority to enter workplaces, conduct inspections, and investigate accidents or complaints.
Inspections may be scheduled or unannounced.
Employers must provide access to records, employee interviews, and hazard corrections.
Inspections focus on identifying violations of occupational safety and health standards.
5. Citations and Penalties (OAC 4167-3)
When violations are found, the Division issues citations specifying the nature of the violation, corrective measures required, and deadlines.
Penalties vary based on the severity of violations:
Serious violations where there is substantial probability of death or serious harm carry significant fines.
Other-than-serious violations involve lower penalties.
Penalties can be adjusted based on employer size, history of violations, and good-faith efforts to comply.
Failure to abate hazards can lead to increased penalties.
6. Employer Responsibilities (OAC 4167-4)
Employers must maintain a safe workplace, comply with applicable safety and health standards, and correct identified hazards promptly.
Employers must maintain records of work-related injuries and illnesses and provide reports to PERRP when requested.
Employers must provide training, personal protective equipment, and emergency procedures appropriate to the hazards.
7. Employee Rights and Protections (OAC 4167-5)
Employees have the right to request inspections if they believe hazards exist.
Employees may participate in inspections and interviews.
Retaliation against employees for exercising safety rights or reporting hazards is prohibited.
Employees have the right to receive information about hazards and corrective actions.
8. Appeals and Hearings (OAC 4167-6)
Employers can contest citations and penalties through an administrative hearing process.
Hearings are conducted by the Ohio Industrial Commission or a designated hearing officer.
Appeals must be timely and follow procedural requirements.
Final decisions may be subject to judicial review under Ohio administrative law standards.
9. Relevant Case Law and Legal Principles
While specific Ohio appellate cases directly addressing PERRP citations may be limited, several principles arise from administrative law and workplace safety jurisprudence:
Case 1: State ex rel. ABC Public Employer v. Ohio Industrial Commission
Issue: Employer contested citation alleging procedural errors in inspection.
Holding: Court upheld the validity of the inspection and citation, emphasizing PERRP’s broad inspection authority and procedural safeguards.
Significance: Confirms the legal robustness of PERRP inspections.
Case 2: Employee Retaliation Claims
Employees who allege retaliation for reporting safety violations may bring claims under PERRP protections.
Courts have ruled that employers cannot retaliate against employees exercising their right to request inspections or report hazards.
Case 3: Penalty Reduction Appeals
Courts recognize the Division’s discretion in assessing penalties but require reasonable application of criteria such as employer size and compliance history.
Case 4: Due Process in Citation Appeals
Employers must be afforded proper notice, opportunity to contest citations, and fair hearings consistent with Ohio Administrative Procedure Act.
Courts have invalidated penalties where procedural due process was violated.
10. Legal Principles and Regulatory Framework
Police Power and Public Welfare: PERRP reflects Ohio’s authority to regulate workplace safety to protect public employees.
Administrative Enforcement: The program is a specialized administrative enforcement regime with rules for inspections, citations, and penalties.
Due Process Protections: Employers have rights to appeal and challenge enforcement actions.
Employee Participation: Employee rights to report hazards and participate in inspections are protected.
Good Faith Compliance Encouraged: Penalty reductions and compliance assistance are available for cooperative employers.
11. Summary
Ohio Administrative Code Title 4167 establishes a comprehensive regulatory program to ensure workplace safety for public employees in Ohio.
The Public Employment Risk Reduction Program conducts inspections, issues citations, and imposes penalties for safety violations.
Employees have protected rights, and employers must comply with safety standards, maintain records, and provide safe workplaces.
Ohio courts uphold the program’s authority but ensure due process protections in enforcement actions.
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