Powers & Duties of SPBR
7. OSHA
Gregory v. Ohio Dept. of Natural Resources (Mar. 5, 1996), PBR Case No. 95-OSH-09-0434; aff'd (Mar. 27, 1996) Full Board. R.C. Chapter 4167. provides employees with two "rights," the right to refuse to work under life-threatening conditions and the right to request an inspection by notifying the OSHA division chief of a safety violation; where an appellant cannot demonstrate that he exercised either of these rights, appellant cannot establish a prima facie case sufficient to invoke the Board's jurisdiction. View SPBR Order
Murphy v. Solid Waste Authority of Central Ohio (Apr. 6, 1995), PBR 94-OSH-09-0342; aff'd (May 5, 1995), Full Board. Where appellant has not engaged in any of the three forms of conduct protected by R.C. 4167.13(A), appellant has not established a prima facie case sufficient to invoke the state personnel board of review's jurisdiction. View SPBR Order
Murphy v. Solid Waste Authority of Central Ohio (Apr. 6, 1995), PBR 94-OSH-09-0342; aff'd (May 5, 1995), Full Board. The state personnel board of review's R.C. Ch. 4167. jurisdiction must be premised upon an alleged violation of R.C. 4167.13(A); an appellant must assert that he was discharged or otherwise discriminated against for one of the reasons contained in that section of the revised code. View SPBR Order
Murphy v. Solid Waste Authority of Central Ohio (Apr. 6, 1995), PBR 94-OSH-09-0342; aff'd (May 5, 1995), Full Board. A public employee may exercise two rights under R.C. Ch. 4167. to invoke the state personnel board of review's jurisdiction: 1) the right to refuse to work under conditions which the employee reasonably believes present an imminent danger of death or serious harm, and 2) the right to request an inspection by giving written notice of a violation to the chief of the division of occupational safety and health or his designee. View SPBR Order