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  3. DUT-OH-013

Ex. DUT-OH-013 Standing duty Primary source read

Statute (effective October 1, 1953, H.B. 1, 100th G.A.; the 'frequenter statute')

Duty of employer to protect employees and frequenters

General Assembly of Ohio (Ohio Revised Code, Title 41, Chapter 4101, Safety in the Workplace) · Ohio (State)

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The record

Jurisdiction
Ohio
Level
State
Authority
Ohio Const. art. II, secs. 1 and 34 (laws for the 'comfort, health, safety and general welfare of all employes')
Issued
1953-10-01 Oct. 1, 1953
Effective
October 1, 1953 (read as 1953-10-01)
End
standing (read as 2021-09-30)
In force
Standing since Oct. 1, 1953 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (every employer in Ohio); the duty runs to employees and to frequenters of the place of employment
Character
workplace duty
Collection
Standing duties: Ohio DUT-OH

Operative words

Every employer shall furnish employment which is safe for the employees engaged therein, shall furnish a place of employment which shall be safe for the employees therein and for frequenters thereof,... follow and obey orders,... and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees and frequenters.

Penalty

No criminal penalty in R.C. 4101.99 (which reaches only R.C. 4101.15); enforced as the statutory standard of care in civil actions by employees and frequenters (Eicher v. United States Steel Corp., Ex. DUT-OH-017) and, for employees, through the workers' compensation system (Ohio Const. art. II, sec. 35)

What it required

Bound every Ohio employer, throughout all six quarters, to furnish a place of employment safe for employees and for 'frequenters' (customers, vendors and visitors), to 'follow and obey orders,' and to do 'every other thing reasonably necessary to protect the life, health, safety, and welfare' of both classes; the Director's Orders and the incorporated CDC and ODH guidance defined what a safe place of employment required in 2020-2021.

Retrieval note

Ohio is a federal-OSHA State for private employers; its State plan (Public Employment Risk Reduction Program, R.C. Chapter 4167) covers public employers only. The federal general duty clause, 29 U.S.C. 654(a)(1), is in the library as Ex. DUT-AL-009 and is cited, not re-saved. R.C. 4101.99 was read on codes.ohio.gov and not saved.