4167-3-02. Emergency temporary standards

(A) An emergency temporary Ohio employment risk reduction standard shall be issued if the superintendent finds both of the following:

(1) Public employees are exposed to grave danger from exposure to substances or agents determined to be toxic or physically harmful or from new hazards; and

(2) The emergency standard is necessary to protect employees from the danger.

(B) The emergency standard shall take effect immediately upon publication in newspapers of general circulation in Cleveland, Columbus, Cincinnati, and Toledo.

(1) Such emergency standard shall be in effect no longer than fifteen days, unless the administrator approves the standard, in which case the standard shall be in effect no longer than one hundred twenty days after issuance by the superintendent.

(2) The superintendent may renew an emergency standard approved by the administrator for a time period not to exceed one hundred days if the conditions prompting the emergency standard continue to exist.

(C) The administrator, with the advice and consent of the board of directors, shall adopt a permanent Ohio public employment risk reduction standard to replace the emergency standard on or before the final expiration date of the temporary emergency standard if the conditions prompting the emergency standard are expected to persist.

Replaces: 4167-3-02

Five Year Review (FYR) Dates: 10/5/2018 and 10/01/2023
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4167.02, 4167.07
Rule Amplifies: 4167.07
Prior Effective Dates: 08/15/1994, 11/15/1996, 01/01/2014

Prior History: (Effective: 01/01/2014
R.C. 119.032 review dates: 11/01/2018
Promulgated Under: 119.03
Statutory Authority: 4121.12, 4121.121, 4167.02, 4167.07
Rule Amplifies: 4167.07
Prior Effective Dates: 8/15/94, 11/15/96)