Ohio Code § 4121.47

§ 4121.47.

(A) No employer shall violate a specific safety rule adopted by the administrator of

workers' compensation pursuant to section 4121.13 of the Revised Code or an act of the general assembly to protect the lives, health, and safety of employees

pursuant to Section 35 of Article II, Ohio Constitution .  Chapter 4167. of the Revised Code and rules and standards adopted thereunder are

not the rules or enactment referred to in this division and shall not be considered

as such for purposes of this section. (B) If a staff hearing officer, in the course of the staff hearing officer's determination

of a claim for an additional award under Section 35 of Article II, Ohio Constitution , finds the employer guilty of violating division (A) of this section, the staff hearing

officer shall, in addition to any award paid to the claimant, issue an order to the

employer to correct the violation within the period of time the staff hearing officer

fixes.  For any violation occurring within twenty-four months of the last violation, the

staff hearing officer shall assess against the employer a civil penalty in an amount

the staff hearing officer determines up to a maximum of fifty thousand dollars for

each violation.  In fixing the exact penalty, the staff hearing officer shall base the decision upon

the size of the employer as measured by the number of employees, assets, and earnings

of the employer. (C) An employer dissatisfied with the imposition of a civil penalty pursuant to division

(B) of this section may appeal the staff hearing officer's decision, if the commission

refuses to hear the appeal under division (E) of section 4123.511 of the Revised Code , or a decision of the commission, if the commission hears the appeal under that division,

to a court of common pleas pursuant to the Rules of Civil Procedure.  An appeal operates to stay the payment of the fine pending the appeal. (D) The administrator shall deposit all penalties collected pursuant to this section

in the safety and hygiene fund established pursuant to section 4121.37 of the Revised Code .