From The Statehouse 2008 No. 25
by Jennifer Garrison
Aug. 2, 2008
From the Statehouse: BWC Reforms & Mineworker Safety
July 25, 2008
Worker safety is of paramount concern to businesses, big and small, across Ohio. I believe that reforming policy to protect both workers and employers is essential to creating a business environment that fosters confident investment and job creation.
The Ohio House of Representatives recently passed two bills to aid in that development. One eliminates the possibility of employees filing injury claims in multiple states, and the other enhances safety measures for Ohio’s proud, dedicated mineworkers.
Senate Bill 334 bars an employee from making a claim in Ohio if a claim has been filed in another state. The legislation permits the Bureau of Workers’ Compensation (BWC) to seek full recoupment of all costs and expenses from claimants (including attorney’s fees) if a claim is paid in Ohio and subsequent claims are made in other states.
This bill also helps companies save on their bottom lines. Under SB 334, the BWC cannot consider a business’ payroll for work done in other states if the employer has elected to obtain the other state’s coverage. So if 70 percent of a company’s employees works in West Virginia (and is covered under West Virginia’s worker’s compensation system) and 30 percent works in Ohio, that company is only responsible for paying premiums on the Ohio employees. That shields companies from paying “double” worker’s compensation coverage for the same out-of-state employee.
Southeast Ohio can especially see benefits from this, since businesses here often work across state lines. Bureaucratic policy should not inhibit interstate commerce.
I voted “yes” and the bill passed the Ohio House, and Governor Strickland signed SB 334, which will become law in early September.
In February 2006, the Ohio Department of Natural Resources (ODNR) chartered The Underground Mine Safety Task Force to examine Ohio’s existing mine safety program. The safety professionals, labor leaders, and ODNR officials made recommendations that are encapsulated in Senate Bill 323.
SB 323 makes two major improvements to the safety infrastructure of mines in Ohio: tag lines and fire detection devices on each conveyor belt. Tag lines physically connect miners to their crews so that in the event of emergency, crew members do not become disconnected from their group. Fire detection devices on each conveyor belt used in the mine will provide timely knowledge of a fire, which is critical to extinguishing the fire immediately or evacuating the mine quickly.
The bill also revamps safety precautions between miners and emergency responders at the surface. SB 323 adds a medical responder to an existing requirement to keep EMTs on duty within a 10-mile radius where at least 20 employees are on a shift. The training for this new position will focus specifically on injuries and illnesses associated with underground mining.
This legislation also brings Ohio in line with new federal mine rescue requirements from the Federal Mine Safety and Health Administration (MSHA). Among these standards, a minimum number of rescuers must be available to respond within one hour of a mine emergency, and two-way voice communication systems between EMTs in the mine and emergency medical staff on the surface must be available.
The Mine Safety Program will support these new provisions with some of the interest accrued on funds from the BWC’s “Black Lung Fund.”
Senate Bill 323 earned my “yes” vote and passed through the House. Governor Strickland signed this bill into law, and it will take effect in early September.
You can reach Jennifer Garrison at her Columbus office at (614) 644-8728, in the district at 373-2414 or by e-mail at jennifer@jennifergarrison.com. Her website is Riffe Center | 77 South High Street | Columbus Ohio 43215-6111 | (800) 282-0253 | District93@ohr.state.oh.us
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