As Introduced
136th General Assembly
Regular Session S. B. No. 33
2025-2026
Senators Wilson, Lang
A B I LL
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:
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(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
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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
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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,
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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
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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
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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
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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;
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(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
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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
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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
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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
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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-
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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
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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:
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(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
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As Introduced
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:
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498 S. B. No. 33 Page 18
As Introduced
(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.
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528 S. B. No. 33 Page 19
As Introduced
(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.
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