In State ex rel. Mattox v. Indus Comm., 2026-Ohio-3823, claimant was working for Armstrong Utilities, Inc. installing fiber-optic cable. While attaching new fiber optic cable to wooden utility poles from a bucket lift, he was electrocuted and sustained injuries. His workers’ compensation claim was allowed, and he filed an application requesting an additional award due to violations of specific safety requirements (“VSSR”). Claimant alleged several rule violations, but relied primarily upon Ohio Adm.Code 4123:1-3-07(E) which applies to the operation of hoists or construction equipment in close proximity to overhead electrical conductors. Ohio Adm. Code 4123:1-3 covers construction activities when the employer engages in construction as its principal business. Administratively, the employer argued it was a telecommunications company, not involved with construction as defined by Ohio Adm.Code 4123:1-3-01(A), the telephone poles the cable was being affixed to were not structures as defined by the code, and there was insufficient evidence claimant was otherwise engaged in a construction activity. The application was denied administratively.
Claimant filed a petition for a writ of mandamus in the Tenth District Court of Appeals and argued telecommunications work can also be construction work, and Ohio Adm.Code 4123:1-3-07(E) applies when construction is not the principal business but work is being performed in new construction or substantial reconstruction. Claimant also argued he was permanently affixing new fiber-optic cable to a utility pole and wooden power poles were structure. The Tenth District Court of Appeals denied the writ noting the employer was a telecommunications company, not a construction company and therefore the code section was not applicable. The court further held the installation of fiber-optic cable was not an alteration of the wooden pole. Even if the pole was construed as a “structure” there was no activity that would be applicable to the code section.
OSHA Guidance and the Opioid Epidemic
On September 24, 2026, the U.S. Department of Labor’s Occupational Safety and Health Administration released new guidance for responding to opioid-related overdose emergencies in the workplace. The “Opioid Overdose Rescue with Reversal Medications” guidance sheet informs both employers and employees about Opioid Overdose Reversal Medications (OORMs), such as naloxone nalmefene, and their use in response to opioid overdoses. Additionally, the sheet provides the employer with information on where to buy OORMs and how to safely store them. The guidance was produced as a part of a Great American Recovery Initiative which aims to treat addiction and foster recovery. If you are an employer interested in obtaining OORMs to keep at the workplace, it is important to educate workers and provide training on properly administrating OORMs.
Visit this link to access the Opioid Overdose Rescue with Reversal Medications sheet.
October is National Protect Your Hearing Month!
Ear health is an important but sometimes overlooked component of workplace health and safety. Prolonged exposure to loud noises can cause temporary hearing loss and, in some cases, permanent hearing loss. Workplace hearing protection guidelines are found in 29 CFR 1910.95. There are several ways for employers to measure sound in the workplace, including the use of sound level meters, noise dosimeters, and octave band analyzers. Using this equipment employers can then determine how loud the work environment is. Employers are required to provide free ear protection when the noise level exposure equals or exceeds an 8-hour time-weighted average of 85 decibels. When the noise level in the workforce equals or exceeds 85 decibels in an 8-hour time, the employer is required to develop and implement a hearing conservation program. Hearing Conservation programs focus on promoting ear health, preventing hearing loss, and being proactive to protect hearing. Hearing Conservation programs include administering annual hearing exams to its employees to determine a baseline and hearing loss over time. Employers must provide training and properly fitted hearing protection to its employees. Engineering or administrative controls, which may include eliminating the source of the noise, are required when noise exposure is above 90 decibels in an 8 hour time. Employers can also provide voluntary protection programs to employers to promote hearing protection, even if they are not required to provide protection by law. Employers should promote national Protect Your Hearing Month by making sure proper PPE and training are provided to its employees. If you have questions about training and PPE requirements, please contact a member of our Safety and Compliance Section for more details.
For more information about hearing conservation programs, visit the following link. 1-FrontCvr and https://www.osha.gov/noise/hearing-programs