OHIO PROFESSIONAL RECOGNITION BILL (H.B.87) ENACTED (6/24/99)

 

This is the professional recognition bill (H.B.87) enacted in Ohio on 6/24/99. It is important to recognize several important issues related to this legislatio

  • This is title legislation and does not have any practice act implications.

    It does not prohibit anybody from practicing in the safety profession so long as they do not use one of the protected titles. Specifically, Section 4777.04. [D] points out that anybody can practice safety as the only prohibition is on the use of titles awarded by BCSP and ABIH.

    The BCSP titles already have civil protection through the U.S. Patent and Trademark Office.

    The bill does provide a definition of "The Practice of Occupational Safety". This can be used in the future for the benefit of all safety professionals when commenting on safety and health issues impacting the safety profession overall.

    The legislation basically states that an individual cannot call themselves one of the titles unless he/she has earned it.

    The legislation has not impact on the term "safety professional" or titles such as "Safety Director", "Safety and Health Manager", "Safety and Health Consultant", etc…

    This initiative has no impact on the use of other certifications/designations offered by other safety certification bodies.

    This initiative will hopefully set the state for future governmental affairs action that provides benefit for all safety professionals, raises awareness of the profession, and most important of all - enhances safety and health in the workplace.

OH H 87 AUTHOR: Bateman

INTRODUCED: 01/28/1999
ENACTED: 06/24/1999

Legislative Provisions:

Prohibits persons from using certain titles relating to the practice of occupational safety or the practice of industrial hygiene unless they meet specified requirements; establishes those requirements; generally prohibits political subdivisions from restricting the practice of occupational safety or of industrial hygiene by those who meet specified requirements.

STATUS:
06/24/1999 *****To GOVERNOR.
06/24/1999 Signed by GOVERNOR.

Ohio 123rd General Assembly -- 1999-00 Regular Session
1999 OH H 87
Enacted
06/24/1999
Bateman

    (123rd General Assembly) (Amended Substitute House Bill Number 87)
      AN ACT

To amend section 4723.02 and to enact sections 4777.01, 4777.02, 4777.03, 4777.04, and 4777.99 of the Revised Code to prohibit persons from using certain titles relating to the practice of occupational safety or the practice of industrial hygiene unless they meet specified requirements, and to establish those requirements.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 4777.01. AS USED IN THIS CHAPTER:

  1. "THE PRACTICE OF INDUSTRIAL HYGIENE" MEANS THE ANTICIPATION, PREVENTION, RECOGNITION, EVALUATION, ELIMINATION, AND CONTROL OF ENVIRONMENTAL, BIOLOGICAL, CHEMICAL, PHYSICAL, AND ERGONOMIC FACTORS AND STRESSES ARISING IN OR FROM THE WORKPLACE THAT MAY CAUSE SICKNESS, IMPAIRED HEALTH AND WELL-BEING, OR SIGNIFICANT DISCOMFORT AMONG WORKERS OR THE GENERAL PUBLIC.

    "CERTIFIED INDUSTRIAL HYGIENIST" OR "CIH" MEANS A PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (A) OF SECTION 4777.03 OF THE REVISED CODE.

    "INDUSTRIAL HYGIENIST IN TRAINING" OR "IHIT" MEANS A PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (B) OF SECTION 4777.03 OF THE REVISED CODE.

    "THE PRACTICE OF OCCUPATIONAL SAFETY" MEANS THE PRESERVATION OF HUMAN AND MATERIAL RESOURCES THROUGH THE SYSTEMATIC APPLICATION OF EDUCATION, CHEMISTRY, PHYSICS, BIOLOGICAL, ERGONOMIC, PSYCHOLOGICAL, PHYSIOLOGICAL, AND MANAGEMENT PRINCIPLES FOR ANTICIPATING, IDENTIFYING, AND EVALUATING HAZARDOUS SYSTEMS, CONDITIONS, AND PRACTICES IN THE WORKPLACE AND DEVELOPING, IMPLEMENTING, AND ADMINISTERING PROGRAMS TO ALLEVIATE THOSE HAZARDS.

    "CERTIFIED SAFETY PROFESSIONAL" OR "CSP" MEANS A PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (C) OF SECTION 4777.03 OF THE REVISED CODE.

    "ASSOCIATE SAFETY PROFESSIONAL" OR "ASP" MEANS A PERSON WHO MEETS THE REQUIREMENTS OF DIVISION (D) OF SECTION 4777.03 OF THE REVISED CODE.

Sec. 4777.02. NO PERSON SHALL ASSUME OR USE THE TITLE OR DESIGNATION "CERTIFIED INDUSTRIAL HYGIENIST, " "INDUSTRIAL HYGIENIST IN TRAINING, "CERTIFIED SAFETY PROFESSIONAL, " OR "ASSOCIATE SAFETY PROFESSIONAL, "OR ANY OF THE ABBREVIATIONS "CIH, " "IHIT, " "CSP, " OR "ASP, " UNLESS THE PERSON HAS BEEN AWARDED THE TITLE BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS AS SPECIFIED IN SECTION 4777.03 OF THE REVISED CODE.

Sec. 4777.03.

  1. IN ORDER TO USE THE TITLE "CERTIFIED INDUSTRIAL HYGIENIST, " OR THE ABBREVIATION "CIH, " A PERSON SHALL POSSESS A VALID, UNEXPIRED CERTIFICATION FROM THE AMERICAN BOARD OF INDUSTRIAL HYGIENE.

    IN ORDER TO USE THE TITLE "INDUSTRIAL HYGIENIST IN TRAINING, " OR THE ABBREVIATION "IHIT, " A PERSON SHALL POSSESS A VALID, UNEXPIRED CERTIFICATION FROM THE AMERICAN BOARD OF INDUSTRIAL HYGIENE.

    IN ORDER TO USE THE TITLE "CERTIFIED SAFETY PROFESSIONAL, " OR THE ABBREVIATION "CSP, " A PERSON SHALL POSSESS A VALID, UNEXPIRED CERTIFICATION FROM THE BOARD OF CERTIFIED SAFETY PROFESSIONALS.

    IN ORDER TO USE THE TITLE "ASSOCIATE SAFETY PROFESSIONAL, " OR THE ABBREVIATION "ASP, " A PERSON SHALL POSSESS A VALID, UNEXPIRED CERTIFICATION FROM THE BOARD OF CERTIFIED SAFETY PROFESSIONALS.

Sec. 4777.04. THE FOLLOWING PERSONS ARE NOT PROHIBITED FROM ENGAGING IN THE PRACTICE OF INDUSTRIAL HYGIENE AND THE PRACTICE OF OCCUPATIONAL SAFETY:

  1. A PERSON WORKING AS AN APPRENTICE UNDER THE SUPERVISION OF A CERTIFIED INDUSTRIAL HYGIENIST, INDUSTRIAL HYGIENIST IN TRAINING, CERTIFIED SAFETY PROFESSIONAL, OR ASSOCIATE SAFETY PROFESSIONAL;

    A PERSON ENGAGING IN THE SUPERVISED PRACTICE OF INDUSTRIAL HYGIENE OR THE PRACTICE OF OCCUPATIONAL SAFETY THROUGH A COURSE OF STUDY IN THAT PRACTICE;

    A PERSON WHO HOLDS A CERTIFICATION, REGISTRATION, OR LICENSE UNDER ANOTHER SECTION OF THE REVISED CODE IF THAT PERSON DOES NOT VIOLATE SECTION 4777.02 OF THE REVISED CODE;

    A PERSON ENGAGING IN ACTIVITIES WITHIN THE SCOPE OF THE PRACTICE OF INDUSTRIAL HYGIENE OR THE PRACTICE OF OCCUPATIONAL SAFETY WHO DOES NOT MEET THE REQUIREMENTS SPECIFIED IN SECTION 4777.03 OF THE REVISED CODE, INCLUDING A PERSON WHO IS CERTIFIED, REGISTERED, OR LICENSED BY GROUPS, ORGANIZATIONS, OR CERTIFYING BODIES OTHER THAN THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, IF THAT PERSON DOES NOT VIOLATE SECTION 4777.02 OF THE REVISED CODE.

Sec. 4777.99. WHOEVER VIOLATES SECTION 4777.02 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE.

Section 2. That existing section 4723.02 of the Revised Code is hereby repealed.

 

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