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 for the violation of a specific safety
requirement is referred to as the
VSSR award.Our case index provides summaries of VSSR decisions by Ohio courts with links to the cases.
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)