130th Ohio General Assembly
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H. B. No. 177  As Introduced
As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 177


Representatives Skindell, Miller 



A BILL
To amend sections 124.381 and 4123.68 of the Revised Code to grant specified employees certain benefits if they suffer an adverse medical condition as a result of receiving a smallpox vaccination as part of homeland security measures.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.381 and 4123.68 of the Revised Code be amended to read as follows:
Sec. 124.381.  (A) Each employee of the department of rehabilitation and correction, the department of mental health, the department of mental retardation and developmental disabilities, the Ohio veteran's home agency, or the Ohio schools for the deaf and blind, and each employee of the department of youth services as established in division (A) of section 124.14 of the Revised Code who suffers bodily injury inflicted by an inmate, patient, client, youth, or student in the facilities of these agencies during the time the employee is lawfully carrying out the assigned duties of the employee's position shall be paid the employee's total rate of pay during the period the employee is disabled as a result of that injury, but in no case to exceed one hundred twenty work days, in lieu of workers' compensation. Pay made according to this section division shall not be charged to the employee's accumulation of sick leave credit.
(B) The director of administrative services shall adopt rules for the administration of the occupational injury leave program. The rules shall include, but not be limited to, provisions for determining a disability, for filing a claim for leave under division (A) of this section, and for allowing or denying claims for the leave.
(C) During the time an employee is receiving injury compensation as provided in division (A) of this section, the employee shall be exempt from the accumulation of vacation leave credit under section 124.134 of the Revised Code but shall continue to receive sick leave credit and personal leave credit under sections 124.382 and 124.386 of the Revised Code.
(D) In any case when an employee's disability, as covered by division (A) of this section, extends beyond one hundred twenty work days, the employee shall immediately become subject to sections 124.382 and 124.385 of the Revised Code regarding sick leave and disability leave benefits.
(E) An appointing authority may apply to the director of administrative services to grant injury leave in accordance with division (A) of this section to law enforcement personnel employed by the agency.
(F) Except as provided in division (G) of this section, a state employee who is absent from work because the state employee suffers an adverse medical condition as a direct result of receiving a smallpox vaccine pursuant to the "Homeland Security Act of 2002," Pub. L. No. 107-296, 42 U.S.C.A. 233, or because the state employee suffers an adverse medical condition as a direct result of living in the same household with a member of the state employee's family who received the vaccine pursuant to that act, shall be paid the state employee's total rate of pay for the work schedule the state employee normally would work during the period the state employee is unable to work due to the adverse medical condition.
(G) A state employee who is eligible to receive workers' compensation benefits pursuant to Chapters 4121. and 4123. of the Revised Code due to suffering an adverse medical condition as a direct result of receiving a smallpox vaccine pursuant to the "Homeland Security Act of 2002," Pub. L. No. 107-296, 42 U.S.C.A. 233, shall receive those benefits in lieu of receiving the state employee's total rate of pay under division (F) of this section.
(H) During the time that a state employee is absent from work for reasons described in division (F) of this section, both of the following apply:
(1) The state employee shall continue to accrue sick leave and personal leave credit but shall not continue to accrue vacation leave credit.
(2) The time that the state employee is absent shall not be charged to the state employee's accumulation of sick leave, personal leave, vacation leave, or other form of paid leave credit.
(I) The director of administrative services shall adopt rules for the administration of division (F) of this section. The rules shall specify at least all of the following:
(1) Criteria the director shall use to determine whether a state employee is suffering an adverse medical condition;
(2) Criteria the director shall use to determine whether a state employee's adverse medical condition directly resulted from receiving a smallpox vaccination pursuant to the "Homeland Security Act of 2002," Pub. L. No. 107-296; 42 U.S.C.A. 233;
(3) Conditions under which a state employee must present a licensed physician's verification that the state employee's adverse medical condition has directly resulted from receiving a smallpox vaccination;
(4) Criteria the director shall use to determine the period of time that a state employee is qualified to receive pay in accordance with the conditions described in division (F) of this section.
(J) As used in this section:
(1) "Adverse medical condition" means a physical malady that has resulted directly from receipt of a smallpox vaccine and includes, but is not limited to, the following conditions:
(a) Eczema vaccinatum;
(b) Erythema multiforme;
(c) Generalized vaccinia;
(d) Post-vaccinial encephalitis or meningoencephalitis;
(e) Progressive vaccinia or vaccinia necrosum;
(f) Vaccinia keratitis.
(2) "State employee" means an employee of a state agency.
(3) "State agency" has the same meaning as in section 1.60 of the Revised Code.
Sec. 4123.68.  Every employee who is disabled because of the contraction of an occupational disease or the dependent of an employee whose death is caused by an occupational disease, is entitled to the compensation provided by sections 4123.55 to 4123.59 and 4123.66 of the Revised Code subject to the modifications relating to occupational diseases contained in this chapter. An order of the administrator issued under this section is appealable pursuant to sections 4123.511 and 4123.512 of the Revised Code.
The following diseases are occupational diseases and compensable as such when contracted by an employee in the course of the employment in which such employee was engaged and due to the nature of any process described in this section. A disease which meets the definition of an occupational disease is compensable pursuant to this chapter though it is not specifically listed in this section.
SCHEDULE
Description of disease or injury and description of process:
(A) Anthrax: Handling of wool, hair, bristles, hides, and skins.
(B) Glanders: Care of any equine animal suffering from glanders; handling carcass of such animal.
(C) Lead poisoning: Any industrial process involving the use of lead or its preparations or compounds.
(D) Mercury poisoning: Any industrial process involving the use of mercury or its preparations or compounds.
(E) Phosphorous poisoning: Any industrial process involving the use of phosphorous or its preparations or compounds.
(F) Arsenic poisoning: Any industrial process involving the use of arsenic or its preparations or compounds.
(G) Poisoning by benzol or by nitro-derivatives and amido-derivatives of benzol (dinitro-benzol, anilin, and others): Any industrial process involving the use of benzol or nitro-derivatives or amido-derivatives of benzol or its preparations or compounds.
(H) Poisoning by gasoline, benzine, naphtha, or other volatile petroleum products: Any industrial process involving the use of gasoline, benzine, naphtha, or other volatile petroleum products.
(I) Poisoning by carbon bisulphide: Any industrial process involving the use of carbon bisulphide or its preparations or compounds.
(J) Poisoning by wood alcohol: Any industrial process involving the use of wood alcohol or its preparations.
(K) Infection or inflammation of the skin on contact surfaces due to oils, cutting compounds or lubricants, dust, liquids, fumes, gases, or vapors: Any industrial process involving the handling or use of oils, cutting compounds or lubricants, or involving contact with dust, liquids, fumes, gases, or vapors.
(L) Epithelion cancer or ulceration of the skin or of the corneal surface of the eye due to carbon, pitch, tar, or tarry compounds: Handling or industrial use of carbon, pitch, or tarry compounds.
(M) Compressed air illness: Any industrial process carried on in compressed air.
(N) Carbon dioxide poisoning: Any process involving the evolution or resulting in the escape of carbon dioxide.
(O) Brass or zinc poisoning: Any process involving the manufacture, founding, or refining of brass or the melting or smelting of zinc.
(P) Manganese dioxide poisoning: Any process involving the grinding or milling of manganese dioxide or the escape of manganese dioxide dust.
(Q) Radium poisoning: Any industrial process involving the use of radium and other radioactive substances in luminous paint.
(R) Tenosynovitis and prepatellar bursitis: Primary tenosynovitis characterized by a passive effusion or crepitus into the tendon sheath of the flexor or extensor muscles of the hand, due to frequently repetitive motions or vibrations, or prepatellar bursitis due to continued pressure.
(S) Chrome ulceration of the skin or nasal passages: Any industrial process involving the use of or direct contact with chromic acid or bichromates of ammonium, potassium, or sodium or their preparations.
(T) Potassium cyanide poisoning: Any industrial process involving the use of or direct contact with potassium cyanide.
(U) Sulphur dioxide poisoning: Any industrial process in which sulphur dioxide gas is evolved by the expansion of liquid sulphur dioxide.
(V) Berylliosis: Berylliosis means a disease of the lungs caused by breathing beryllium in the form of dust or fumes, producing characteristic changes in the lungs and demonstrated by x-ray examination, by biopsy or by autopsy.
This chapter does not entitle an employee or his the employee's dependents to compensation, medical treatment, or payment of funeral expenses for disability or death from berylliosis unless the employee has been subjected to injurious exposure to beryllium dust or fumes in his the employee's employment in this state preceding his the employee's disablement and only in the event of such disability or death resulting within eight years after the last injurious exposure; provided that such eight-year limitation does not apply to disability or death from exposure occurring after January 1, 1976. In the event of death following continuous total disability commencing within eight years after the last injurious exposure, the requirement of death within eight years after the last injurious exposure does not apply.
Before awarding compensation for partial or total disability or death due to berylliosis, the administrator of workers' compensation shall refer the claim to a qualified medical specialist for examination and recommendation with regard to the diagnosis, the extent of the disability, the nature of the disability, whether permanent or temporary, the cause of death, and other medical questions connected with the claim. An employee shall submit to such examinations, including clinical and x-ray examinations, as the administrator requires. In the event that an employee refuses to submit to examinations, including clinical and x-ray examinations, after notice from the administrator, or in the event that a claimant for compensation for death due to berylliosis fails to produce necessary consents and permits, after notice from the administrator, so that such autopsy examination and tests may be performed, then all rights for compensation are forfeited. The reasonable compensation of such specialist and the expenses of examinations and tests shall be paid, if the claim is allowed, as part of the expenses of the claim, otherwise they shall be paid from the surplus fund.
(W) Cardiovascular, pulmonary, or respiratory diseases incurred by fire fighters firefighters or police officers following exposure to heat, smoke, toxic gases, chemical fumes and other toxic substances: Any cardiovascular, pulmonary, or respiratory disease of a fire fighter firefighter or police officer caused or induced by the cumulative effect of exposure to heat, the inhalation of smoke, toxic gases, chemical fumes and other toxic substances in the performance of his the firefighter's or police officer's duty constitutes a presumption, which may be refuted by affirmative evidence, that such occurred in the course of and arising out of his the firefighter's or police officer's employment. For the purpose of this section, "fire fighter firefighter" means any regular member of a lawfully constituted fire department of a municipal corporation or township, whether paid or volunteer, and "police officer" means any regular member of a lawfully constituted police department of a municipal corporation, township or county, whether paid or volunteer.
This chapter does not entitle a fire fighter firefighter, or police officer, or his the firefighter's or police officer's dependents to compensation, medical treatment, or payment of funeral expenses for disability or death from a cardiovascular, pulmonary, or respiratory disease, unless the fire fighter firefighter or police officer has been subject to injurious exposure to heat, smoke, toxic gases, chemical fumes, and other toxic substances in his the firefighter's or police officer's employment in this state preceding his the firefighter's or police officer's disablement, some portion of which has been after January 1, 1967, except as provided in division (E) of section 4123.57 of the Revised Code.
Compensation on account of cardiovascular, pulmonary, or respiratory diseases of fire fighters firefighters and police officers is payable only in the event of temporary total disability, permanent total disability, or death, in accordance with section 4123.56, 4123.58, or 4123.59 of the Revised Code. Medical, hospital, and nursing expenses are payable in accordance with this chapter. Compensation, medical, hospital, and nursing expenses are payable only in the event of such disability or death resulting within eight years after the last injurious exposure; provided that such eight-year limitation does not apply to disability or death from exposure occurring after January 1, 1976. In the event of death following continuous total disability commencing within eight years after the last injurious exposure, the requirement of death within eight years after the last injurious exposure does not apply.
This chapter does not entitle a fire fighter firefighter or police officer, or his the firefighter's or police officer's dependents, to compensation, medical, hospital, and nursing expenses, or payment of funeral expenses for disability or death due to a cardiovascular, pulmonary, or respiratory disease in the event of failure or omission on the part of the fire fighter firefighter or police officer truthfully to state, when seeking employment, the place, duration, and nature of previous employment in answer to an inquiry made by the employer.
Before awarding compensation for disability or death under this division, the administrator shall refer the claim to a qualified medical specialist for examination and recommendation with regard to the diagnosis, the extent of disability, the cause of death, and other medical questions connected with the claim. A fire fighter firefighter or police officer shall submit to such examinations, including clinical and x-ray examinations, as the administrator requires. In the event that a fire fighter firefighter or police officer refuses to submit to examinations, including clinical and x-ray examinations, after notice from the administrator, or in the event that a claimant for compensation for death under this division fails to produce necessary consents and permits, after notice from the administrator, so that such autopsy examination and tests may be performed, then all rights for compensation are forfeited. The reasonable compensation of such specialists and the expenses of examination and tests shall be paid, if the claim is allowed, as part of the expenses of the claim, otherwise they shall be paid from the surplus fund.
(X) Silicosis: Silicosis means a disease of the lungs caused by breathing silica dust (silicon dioxide) producing fibrous nodules distributed through the lungs and demonstrated by x-ray examination, by biopsy or by autopsy.
(Y) Coal miners' pneumoconiosis: Coal miners' pneumoconiosis, commonly referred to as "black lung disease," resulting from working in the coal mine industry and due to exposure to the breathing of coal dust, and demonstrated by x-ray examination, biopsy, autopsy or other medical or clinical tests.
This chapter does not entitle an employee or his the employee's dependents to compensation, medical treatment, or payment of funeral expenses for disability or death from silicosis, asbestosis, or coal miners' pneumoconiosis unless the employee has been subject to injurious exposure to silica dust (silicon dioxide), asbestos, or coal dust in his the employee's employment in this state preceding his the employee's disablement, some portion of which has been after October 12, 1945, except as provided in division (E) of section 4123.57 of the Revised Code.
Compensation on account of silicosis, asbestosis, or coal miners' pneumoconiosis are payable only in the event of temporary total disability, permanent total disability, or death, in accordance with sections 4123.56, 4123.58, and 4123.59 of the Revised Code. Medical, hospital, and nursing expenses are payable in accordance with this chapter. Compensation, medical, hospital, and nursing expenses are payable only in the event of such disability or death resulting within eight years after the last injurious exposure; provided that such eight-year limitation does not apply to disability or death occurring after January 1, 1976, and further provided that such eight-year limitation does not apply to any asbestosis cases. In the event of death following continuous total disability commencing within eight years after the last injurious exposure, the requirement of death within eight years after the last injurious exposure does not apply.
This chapter does not entitle an employee or his the employee's dependents to compensation, medical, hospital and nursing expenses, or payment of funeral expenses for disability or death due to silicosis, asbestosis, or coal miners' pneumoconiosis in the event of the failure or omission on the part of the employee truthfully to state, when seeking employment, the place, duration, and nature of previous employment in answer to an inquiry made by the employer.
Before awarding compensation for disability or death due to silicosis, asbestosis, or coal miners' pneumoconiosis, the administrator shall refer the claim to a qualified medical specialist for examination and recommendation with regard to the diagnosis, the extent of disability, the cause of death, and other medical questions connected with the claim. An employee shall submit to such examinations, including clinical and x-ray examinations, as the administrator requires. In the event that an employee refuses to submit to examinations, including clinical and x-ray examinations, after notice from the administrator, or in the event that a claimant for compensation for death due to silicosis, asbestosis, or coal miners' pneumoconiosis fails to produce necessary consents and permits, after notice from the commission, so that such autopsy examination and tests may be performed, then all rights for compensation are forfeited. The reasonable compensation of such specialist and the expenses of examinations and tests shall be paid, if the claim is allowed, as a part of the expenses of the claim, otherwise they shall be paid from the surplus fund.
(Z) Radiation illness: Any industrial process involving the use of radioactive materials.
Claims for compensation and benefits due to radiation illness are payable only in the event death or disability occurred within eight years after the last injurious exposure provided that such eight-year limitation does not apply to disability or death from exposure occurring after January 1, 1976. In the event of death following continuous disability which commenced within eight years of the last injurious exposure the requirement of death within eight years after the last injurious exposure does not apply.
(AA) Asbestosis: Asbestosis means a disease caused by inhalation or ingestion of asbestos, demonstrated by x-ray examination, biopsy, autopsy, or other objective medical or clinical tests.
(BB) An adverse reaction to a smallpox vaccination: After receiving a smallpox vaccination pursuant to the "Homeland Security Act of 2002," Pub. L. No. 107-296; 42 U.S.C.A. 233, suffering an adverse medical condition as defined in section 124.381 of the Revised Code.
All conditions, restrictions, limitations, and other provisions of this section, with reference to the payment of compensation or benefits on account of silicosis or coal miners' pneumoconiosis apply to the payment of compensation or benefits on account of any other occupational disease of the respiratory tract resulting from injurious exposures to dust.
The refusal to produce the necessary consents and permits for autopsy examination and testing shall not result in forfeiture of compensation provided the administrator finds that such refusal was the result of bona fide religious convictions or teachings to which the claimant for compensation adhered prior to the death of the decedent.
Section 2. That existing sections 124.381 and 4123.68 of the Revised Code are hereby repealed.
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