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An Ohio appellate court affirmed the imposition of a penalty for the violation of a specific safety requirement (VSSR) by a local fire department where the Commission found the district violated the maximum 24-inch step-to-ground-level on a district owned fire engine. The court observed that the fire district had received a recommendation in 2009 that it consider — for safety purposes — installing an additional step into the vehicle cab. While knowledge of the defect was a requirement under Ohio’s VSSR statute, the 2009 recommendation was sufficient to put the district on notice. Following the employee’s injury, a measurement of the step-to-ground distance showed that the bottom step was 25 inches from the ground.
Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).
LexisNexis Online Subscribers: Citations below link to Lexis Advance.
See State ex rel. Madison Fire Dist. v. Industrial Comm’n of Ohio, 2020-Ohio-463, 2020 Ohio App. LEXIS 428 (Feb. 11, 2020)
See generally Larson’s Workers’ Compensation Law, § 105.06.
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law
For a more detailed discussion of the case, see
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