Subject: Review of Proposed Amendments Allowing Electronic Posting of Labor Law Notices Source: Ohio Senate Bill No. 33 (As Introduced, 136th General Assembly, Regular Session 2025-2026)
I. Executive Summary:
Ohio Senate Bill 33 proposes amendments to several sections of the Ohio Revised Code related to labor laws and workers’ compensation. The central theme of this bill is to modernize the requirements for employers to post certain labor law notices by explicitly allowing them to be displayed on the internet in addition to or as an alternative to physical posting on the premises. This applies to notices concerning minor employment, minimum wage, anti-discrimination, prevailing wage rates, workers’ compensation coverage, and public employer safety and health information.
II. Main Themes and Important Ideas/Facts:
A. Allowing Electronic Posting of Labor Law Notices:
The core of SB 33 is to provide employers with the option to post legally required labor law notices online, making them accessible to their employees electronically. This is consistently applied across several sections of the Revised Code.
- Minor Employment (Section 4109.08): Currently, employers of minors must keep a list of minor employees and a printed abstract summarizing relevant laws posted “in plain view in a conspicuous place which is frequented by the largest number of minor employees, and to which all minor employees have access.” The proposed amendment adds an alternative: “(b) On the internet in a manner that is accessible to the employer’s employees.”
- Minimum Wage (Section 4111.09): Existing law requires employers subject to minimum wage regulations to keep a summary of the sections and applicable rules “posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed.” The amendment adds “(2) On the internet in a manner that is accessible to the employer’s employees.”
- Anti-Discrimination (Section 4112.07): Persons subject to Ohio’s anti-discrimination laws must currently “post in a conspicuous place or places on his the person’s premises… a notice… that shall set forth excerpts of this chapter and other relevant information.” The amendment allows for posting “on the internet in a manner that is accessible to the public.” Notably, this section specifies “accessible to the public,” which is broader than “accessible to the employer’s employees” in other sections.
- Prevailing Wage (Section 4115.07): Contractors and subcontractors on public improvement projects are required to have “posted in a prominent and accessible place on the site of the work… a legible statement of the schedule of wage rates.” The amendment adds the option to post “on the internet in a manner that is accessible to the contractor’s or subcontractor’s employees.”
- Workers’ Compensation Coverage (Section 4123.83): Employers paying into the state insurance fund or self-insuring must currently “post conspicuously in the employer’s place or places of employment notices… stating that it is proof of workers’ compensation coverage.” The amendment allows the employer to “post the notice conspicuously in the employer’s place or places of employment or on the internet in a manner that is accessible to the employer’s employees.”
- Public Employer Safety and Health (Section 4167.11): Existing rules require public employers to keep their employees informed of their rights and obligations, potentially through “posting of notices or other appropriate means.” The proposed amendment explicitly states: “The rule shall allow any required notice to be posted on the internet in a manner that is accessible to the public employer’s employees.”
B. Updates to Workers’ Compensation (Section 4123.54):
While the primary focus of SB 33 is on electronic posting, Section 4123.54, concerning eligibility for workers’ compensation, includes several amendments that are not directly related to notice posting. These changes primarily address situations involving:
- Intoxication: The bill modifies the language regarding the presumption of intoxication and its impact on eligibility for compensation. It clarifies the types of chemical tests and the conditions under which a rebuttable presumption of intoxication arises.
- The bill introduces specific thresholds for alcohol and controlled substances based on existing Ohio traffic laws and federal regulations (49 C.F.R. 40.87).
- It emphasizes the requirement for the employer to have “posted written notice to employees that the results of, or the employee’s refusal to submit to, any chemical test described under this division may affect the employee’s eligibility for compensation and benefits.” This notice can also be posted online: “An employer may post the written notice required by division (B) of this section on the internet in a manner that is accessible to the employer’s employees.”
- The definition of “reasonable cause” for an employer to request a chemical test is detailed, including “observable phenomena,” “a pattern of abnormal conduct,” and “a report of use… provided by a reliable and credible source.”
- Out-of-State Employment and Claims: The bill elaborates on the conditions under which Ohio’s workers’ compensation laws apply when employment contracts are entered into or work is performed in other states. It allows for written agreements between employers and employees to be bound by the laws of Ohio or another specified state.
- It establishes procedures for handling situations where an employee files for and receives benefits in multiple states for the same injury, aiming to prevent double recovery. For example: “If an employee or the employee’s dependents receive an award of compensation or benefits under this chapter… for the same injury… for which the employee or the employee’s dependents previously pursued or otherwise elected to accept workers’ compensation benefits and received a decision on the merits… under the laws of another state… the claim shall be disallowed…”
- It mandates that an employee or dependent electing to receive benefits in Ohio must sign an affirmation waiving their right to file in another state for the same claim. Failure to do so within 28 days can lead to dismissal of the Ohio claim.
- Professional Athletes and Coaches: The bill outlines specific conditions under which employers of professional athletes and coaches can provide workers’ compensation coverage under a league policy issued in another state, effectively exempting them from Ohio’s system under those circumstances.
- Incarceration: The bill explicitly states that compensation or benefits are not payable to a claimant during any period of confinement in a correctional institution or jail for violation of criminal law.
- Pre-existing Conditions: The bill clarifies that if a pre-existing condition is substantially aggravated by a work-related injury, compensation is only payable until the condition returns to its pre-injury level.
C. Continued Responsibilities of the Director of Commerce and Bureau of Workers’ Compensation:
The bill does not diminish the responsibilities of the Director of Commerce or the Bureau of Workers’ Compensation in providing summaries and notices. Section 4111.09(B) specifically states: “The director of commerce shall make the summary described in this section available on the web site of the department of commerce. The director shall update this summary as necessary, but not less than annually…” This suggests that the state will continue to provide the necessary information, now potentially in digital formats to facilitate electronic posting by employers. Similarly, Section 4123.83 states that the Bureau of Workers’ Compensation will continue to furnish notices at least annually.
III. Potential Implications:
- Reduced Administrative Burden: Allowing electronic posting could reduce the administrative burden and costs associated with printing, distributing, and physically posting numerous notices for employers, especially those with multiple locations or remote workers.
- Increased Accessibility: In some cases, electronic posting could potentially increase accessibility for employees, particularly those who may not regularly frequent areas where physical notices are traditionally posted.
- Need for Employee Awareness: Employers choosing to post notices electronically will need to ensure that their employees are aware of where and how to access this information online. This may require internal communication strategies and accessible technology.
- Enforcement Considerations: Enforcement agencies will need to adapt their methods to verify compliance with the electronic posting requirements.
- Significant Changes to Workers’ Compensation Eligibility: The amendments to Section 4123.54 regarding intoxication, out-of-state claims, and professional athletes represent substantive changes to workers’ compensation law in Ohio that go beyond mere notice posting.
IV. Conclusion:
Ohio Senate Bill 33 represents an effort to modernize labor law notice requirements by providing employers with the option of electronic posting. This change could offer administrative efficiencies and potentially enhance accessibility for employees. However, the bill also includes significant amendments to Ohio’s workers’ compensation laws, particularly concerning eligibility criteria related to intoxication and the handling of multi-state claims. Stakeholders should carefully consider the implications of both the electronic posting provisions and the substantive changes to workers’ compensation.