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Violation
of a Specific Safety Requirement
Article II, Section 35 of the Ohio Constitution permits
the Industrial Commission to make an additional award to an injured
worker if the injury resulted from the employer's violation of a
specific safety code adopted by the Industrial Commission. This award
is referred to as the "VSSR" award (or V.S.S.R.), for "violation of
a specific safety requirement."
For summaries of VSSR decisions by Ohio Courts, with
links to the cases, click here.
Other information:
- Court: Where
the VSSR code requires the Employer to provide safety equipment, the
Employer must make equipment available. Where safety equipment was not
at job site, it was not available and VSSR occurred. (March, 2001)
- Court:
The Supreme Court denied a VSSR award where the
Employer had complied with the safety code requirements and the injury
occurred due to the employee's unilateral negligence. (April
2000)
- Court: The Ohio
Supreme Court ruled that a perimiter fence is a structural enclosure
which justifies application of the "workshops and factories" safety
code. (May, 1999)
- Court: The Supreme
Court has clarified that VSSR requirements which apply to factories and
workshops, may apply to outdoor injuries in some situations. (April,
1999)
- Court: The
Supreme Court has decided in a VSSR case that a moving vehicle is not
covered by the "grandfather clause" because it is not an installation
or a construction. (March, 1999)
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