(A) If a public employer, public employee, or public employee representative willfully fails to comply with any final order of the administrator of workers’ compensation issued pursuant to this chapter, the administrator may apply to the court of common pleas of Franklin county or the court of common pleas of the county in which the violation occurred, for an injunction, restraining order, or any other appropriate relief compelling the public employer, public employee, or public employee representative to comply with such order. The court shall order such relief as it considers appropriate and shall, in addition, impose a civil penalty of not more than five hundred dollars per day per violation and not to exceed a total of ten thousand dollars per violation.

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Terms Used In Ohio Code 4167.17

  • Employment risk reduction standard: means a standard which requires conditions, or the adoption or use of one or more practices, means, methods, operations, or processes, reasonably necessary or appropriate to provide safe and healthful employment and places of employment. See Ohio Code 4167.01
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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 employee representative: means an employee organization certified by the state employment relations board under section 4117. 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

  • Rule: includes regulation. See Ohio Code 1.59
  • United States: includes all the states. See Ohio Code 1.59

(B) The administrator shall not seek to enforce this chapter, or any Ohio employment risk reduction standard, rule, or order adopted or issued pursuant thereto, in any manner that derogates from the immunity offered to a public employer by variances obtained under this chapter, or by variations, tolerance, or exemption allowed a public employer for reasons of national defense by the United States secretary of labor pursuant to section 16 of the “Occupational Safety and Health Act of 1970,” 84 Stat. 1590, 29 U.S.C.A. 651, as amended.

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