State ex rel. Johnson v. Indus. Comm.

Summary

The Ohio Supreme Court held that Ohio Adm.Code 4123:1-3-10, governing specific safety requirements for scaffolding, applies to all scaffolds regardless of their stage of completion. The court reversed and remanded for the Industrial Commission to determine, in a fact-specific inquiry, whether the employer complied with or was in the process of complying with the applicable requirements.

Holdings

1. Ohio Adm.Code 4123:1-3-10 applies to all scaffolds, regardless of their stage of construction.
2. Although the safety requirements apply to all scaffolds, the commission must determine whether the employer complied, or was in the process of complying, with them in light of the scaffold's stage of construction and the reasonableness and practicality of compliance at that stage.

Questions Presented

1. Whether Ohio Adm.Code 4123:1-3-10's specific safety requirements apply to scaffolds that are still under construction.
2. Whether the Industrial Commission adequately determined the applicability of those safety requirements by categorically excluding incomplete scaffolds.

Disposition

reversed_and_remanded