Explanation
BACKGROUND
This ordinance repeals and replaces Chapters 168 and 169 of the Columbus City Codes to authorize the creation of the Division of the Columbus Occupational Safety and Health Administration (COSHA) within the Department of Human Resources and to revise certain Code provisions pertaining to the Board of Industrial Relations.
COSHA will administer various safety programs for the City of Columbus to ensure safe and healthful working conditions for its employees, in accordance with all Federal, State, and Local regulations. The goals of COSHA are:
(1) to act as a lead agency providing direction to reduce the incidence of occupational injuries and diseases; and
(2) to protect employees against occupational hazards; and
(3) to reduce costs associated with injuries.
COSHA will be made up of two sections, the Occupational Safety and Health section and the Workers' Compensation section. The division will exist within the Department of Human Resources with a separate budget supported by the transfer of funds from the Employee Benefits and General Operating Funds.
FISCAL IMPACT
Initially, there will be no fiscal effect of the passage of this ordinance. The 2026 Operating Budget submission included budgeted expenditures for Dept-Div 4603 (the Columbus Occupational Safety and Health Administration).
Title
To repeal and replace Chapters 168 and 169 of the Columbus City Codes; and to create the Division of the Columbus Occupational Safety and Health Administration (COSHA) within the Department of Human Resources. ($0.00)
Body
WHEREAS, the Department of Human Resources seeks to repeal and replace Chapters 168 and 169 of the Columbus City Code to authorize the creation of the Division of the Columbus Occupational Safety and Health Administration (COSHA) within the Department of Human Resources; and
WHEREAS, COSHA will administer various safety programs for the City of Columbus to ensure safe and healthy working conditions for its employees, in accordance with all Federal, State, and Local regulations; and
WHEREAS, the goals of COSHA are: (1) to act as a lead agency providing direction to reduce the incidence of occupational injuries and diseases; (2) to protect employees against occupational hazards; and (3) to reduce costs associated with injuries; and
WHEREAS, Chapters 168 and 169 of the Columbus City Code need to be repealed and replaced in order to accomplish these goals; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Chapter 168 of the Columbus City Codes be replaced with the following:
Chapter 168 - COLUMBUS OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
168.01 - Establishment.
There is created and established the Columbus Occupational Safety and Health Administration, to be known as COSHA, wherein the administration of the various safety programs for the City of Columbus will be administered in order to ensure safe and healthful working conditions for its employees, in accordance with all Federal, State and Local regulations. The goals of COSHA are: (1) to act as a lead agency providing direction to reduce the incidence of occupational injuries and diseases; (2) to protect employees against occupational hazards; and (3) to reduce costs associated with injuries. COSHA, to include the Workers’ Compensation Program, will exist as a Division within the Department of Human Resources with a separate budget maintained in the Employee Benefits Fund.
COSHA shall act as the lead agency in maintaining industrial hygiene, medical surveillance, and injury records in accordance with all Federal, State and Local laws and regulations. Notwithstanding the foregoing, each department and division shall also maintain industrial hygiene, medical surveillance, and injury records in accordance with all Federal, State and Local laws and regulations. Under the direction of COSHA, all incidents resulting in work-related injuries, and/or illnesses shall be investigated. Staff shall record them in the City of Columbus’ system of record, in accordance with Ohio Administrative Code § 4167-6-01, as may be amended from time to time.
Department Directors, elected officials, and other City leadership shall support and provide the necessary fiscal or other appropriate resources to achieve safety and health and workers’ compensation compliance goals and objectives.
168.02 - Appointment of COSHA Administrator.
There is created and established in the Columbus Occupational Safety and Health Administration (COSHA) the position of COSHA Administrator. The COSHA Administrator is appointed by the Director of the Department of Human Resources and is subject to the Department’s rules and requirements.
168.03 - Powers and duties of COSHA.
The control and administration of COSHA shall be vested in the COSHA Administrator. In accordance with State, Federal, and Local occupational safety and health regulations, COSHA shall:
(a) Act as the lead agency, working in conjunction with City Council and City Departments, to oversee the direction of occupational safety and health programs and to provide leadership, support and policy development for department administration and all personnel responsible for occupational safety and health. COSHA shall coordinate citywide written safety programs and guidelines based on applicable Federal, State and Local regulations. In the event a Department’s program does not meet compliance or the industry standard, COSHA shall conduct a review of that Department’s occupational safety program and shall direct and oversee, as necessary, program modifications to that Department’s occupational safety program until the program achieves compliance and meets industry standards.
(b) The Workers’ Compensation section of Citywide Occupational Safety and Health Administration, working in conjunction with the Department of Human Resources and other City Departments, shall be the lead agency in administering the City’s workers’ compensation and injury leave programs in accordance with the City and Ohio Bureau of Workers’ Compensation (“BWC”) policies, procedures and collective bargaining agreements. In the event a Department does not meet the timeliness or responsiveness requirements for administering these programs, the Workers’ Compensation section shall direct and oversee, as necessary, modifications to the Department’s processes or procedures.
168.04 - Occupational safety and workers’ compensation programs.
The Columbus Occupational Safety and Health Administration (COSHA) is authorized to establish and coordinate the implementation of occupational safety and workers’ compensation programs for the employees of the City of Columbus in all departments, divisions, offices, boards, commissions and agencies of the City. To assure the utmost safety to City employees, the COSHA Administrator shall:
(a) In conjunction with department management, supervisors, and safety professionals, be responsible for the enforcement of all safety and health programs, policies, procedures and work rules;
(b) Provide notification to the appropriate authority in the event of a reportable workplace injury, illness or fatality;
(c) Coordinate pertinent activities and communications to safety professionals and relevant parties;
(d) Administer the City’s workers’ compensation and injury leave programs in accordance with City and Ohio BWC policies, procedures and collective bargaining agreements; and
(e) Act as lead agency in recommending Ohio BWC program participation and in selecting the City’s workers’ compensation managed care organization and third-party administrator.
168.05 - [Reserved].
SECTION 2. That existing Chapter 168 of the Columbus City Codes is hereby repealed.
SECTION 3. That Chapter 169 of the Columbus City Codes be replaced with the following:
Chapter 169 - BOARD OF INDUSTRIAL RELATIONS
169.01 - Establishment of board.
There is established a board of industrial relations composed of the Director of Public Service or designee, the Director of Public Safety or designee, the Director of Human Resources or designee, and the City Health Commissioner or designee. The Director of Human Resources or designee shall serve as chairperson and shall not vote on any matter before the board. All members of the board shall serve without additional compensation.
169.02 - Powers and duties of board.
To assure the following services to all eligible employees, the board of industrial relations shall, in accordance with the terms of applicable collective bargaining agreements and management compensation plans:
(a) Hold hearings at the request of eligible employees on any decision by the Director of Human Resources to deny injury leave.
(b) Affirm, disaffirm or modify decision of the Director of Human Resources to deny injury leave.
(c) Consider requests for extensions of injury leave to be recommended to City Council.
(d) In any hearing conducted by the board of industrial relations, have the power to subpoena and require the attendance of witnesses and the production of books, papers and other evidence pertinent to the investigation of any matter before the board and to administer oaths to such witnesses.
(e) Adopt rules and regulations for its procedure in hearing appeals from denial of injury leave and for considering requests for extensions of injury leave to be recommended to City Council.
169.03 - [Reserved]
SECTION 4. That existing Chapter 169 of the Columbus City Codes is hereby repealed.
SECTION 5. That this ordinance shall take effect from and after the earliest period allowed by law.
SECTION 6. That enforcement of this ordinance is hereby delayed until January 1, 2026, at 12:01 A.M.