(A) Each public employer shall:

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Terms Used In Ohio Code 4167.04

  • Public employee: means any individual who engages to furnish services subject to the direction and control of a public employer, including those individuals working for a private employer who has contracted with a public employer and over whom the national labor relations board has declined jurisdiction. See Ohio Code 4167.01
  • Public employer: means any of the following:

    (1) The state and its instrumentalities;

    (2) Any political subdivisions and their instrumentalities, including any county, county hospital, municipal corporation, city, village, township, park district, school district, state institution of higher learning, public or special district, state agency, authority, commission, or board;

    (3) Any other branch of public employment not mentioned in division (A)(1) or (2) of this section. See Ohio Code 4167.01

  • Undue hardship: means any requirement imposed under this chapter or a rule or order issued thereunder that would require a public employer to take an action with significant difficulty or expense when considered in light of all of the following factors:

    (1) The nature and cost of the action required under this chapter;

    (2) The overall financial resources of the public employer involved in the action;

    (3) The number of persons employed by the public employer at the particular location where the action may be required;

    (4) The effect on expenses and resources or the impact otherwise of the action required upon the operations of the public employer at the location where the action may be required;

    (5) The overall size of the public employer with respect to the number of its public employees;

    (6) The number, type, and location of the public employer's operations, including the composition, structure, and functions of the workforce of the public entity;

    (7) The geographic separateness, administrative, or fiscal relationship of the public employer's operations to the whole public employer. See Ohio Code 4167.01

(1) Furnish to each of his public employees employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm to his public employees;

(2) Comply with Ohio employment risk reduction standards, rules, and orders adopted or issued pursuant to this chapter.

(B) Notwithstanding this section or any other provision in this chapter to the contrary, no public employer is required to take any action under this chapter that would cause an undue hardship upon that public employer, unless the action is required to prevent imminent danger of death or serious harm to the public employee.