Violence in the Workplace Law Summaries
Ohio, Violence in the Workplace Law Summaries
Ohio has laws relating to stalking, petition forms and carrying concealed weapons (Title 29, Ch. 2923).
DEFINITIONS
“Pattern of conduct” means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official's, firefighter's, rescuer's, emergency medical services person's, or emergency facility person's official capacity, or the posting of messages or receipt of information or data through the use of an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a pattern of conduct (Ohio RevCodeAnn, Sec. 2903.211(D), as amended by S. 8, L. 2003).
“Mental distress” means any of the following (Ohio RevCodeAnn, Sec. 2903.211(D), as amended by S. 8, L. 2003):
any mental illness or condition that involves some temporary substantial incapacity;
any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services.
EXCEPTIONS
Section 2903.211 (see WHAT THE EMPLOYER MUST DO below) does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person's control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section (Ohio RevCodeAnn, Sec. 2903.211(F)(1), as added by S. 8, L. 2003).
WHAT THE EMPLOYER MUST DO
Stalking laws.- No person may knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of his or her immediate family. Anyone who violates this prohibition is guilty of aggravated menacing. Except as otherwise provided by law, aggravated menacing is a misdemeanor of the first degree. If the victim is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree (Ohio RevCodeAnn, Sec. 2903.21, as amended by H. 412, L. 1999).
No person by engaging in a pattern of conduct may knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person. No person, through the use of any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, or computer system, shall post a message with purpose to urge or incite another to commit a violation described in the previous sentence. Whoever violates this section is guilty of menacing by stalking (Ohio RevCodeAnn, Sec. 2903.211(A) and (B), as amended by S. 8, L. 2003).
Except as otherwise provided below, menacing by stalking is a misdemeanor of the first degree (Ohio RevCodeAnn, Sec. 2903.211(B), as amended by S. 8, L. 2003).
Menacing by stalking is a felony of the fourth degree if any of the following applies (Ohio RevCodeAnn, Sec. 2903.211(B), as amended by S. 8, L. 2003):
The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of Sec. 2911.211.
In committing the offense under Sec. 2903.211(A) above, the offender made a threat of physical harm to or against the victim, or as a result of an offense committed electronically, a third person induced by the offender's posted message made a threat of physical harm to or against the victim.
In committing the offense under Sec. 2903.211(A), the offender trespassed on the land or premises where the victim lives, is employed, or attends school, or as a result of an offense committed electronically, a third person induced by the offender's posted message trespassed on the land or premises where the victim lives, is employed, or attends school.
The victim of the offense is a minor.
The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person.
While committing the offense under Sec. 2903.211(A) above, the offender had a deadly weapon on or about the offender's person or under the offender's control.
At the time of the commission of the offense, the offender was the subject of a protection order issued under Sec. 2903.213 or 2903.214, regardless of whether the person to be protected under the order is the victim of the offense or another person.
In committing the offense under Sec. 2903.211(A) above, the offender caused serious physical harm to the premises at which the victim resides, to the real property on which that premises is located, or to any personal property located on that premises, or as a result of an offense committed electronically, a third person induced by the offender's posted message caused serious physical harm to that premises, that real property, or any personal property on that premises.
Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness.
If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, menacing by stalking is either a felony of the fifth degree or, if the offender previously has been convicted or of pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree (Ohio RevCodeAnn, Sec. 2903.211(B), as amended by S. 8, L. 2003).
No person may knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family (Ohio RevCodeAnn, Sec. 2903.22, as amended by H. 412, L. 1999).
Whoever violates this section is guilty of menacing. Except as otherwise provided in this division, menacing is a misdemeanor of the fourth degree. If the victim is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, menacing is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children service agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities of duties, a felony of the fourth degree (Ohio RevCodeAnn, Sec. 2903.22, as amended by H. 412, L. 1999).
Petition forms.- An alleged stalking victim may file an order for protection as a condition of pretrial release of the alleged offender, unless the alleged offender is a family or household member, in which case a domestic protection order may be sought.
The motion for an antistalking protection order is to be prepared on a form, provided by the clerk of court, containing substantially the following information:
“(Name of person), the complainant in the above-captioned case, moves the court to issue an antistalking protection order containing terms designed to ensure the safety and protection of the complainant in relation to the named defendant, pursuant to its authority to issue such an order under section 2903.213 of the Revised Code.
“A complaint, a copy of which has been attached to this motion, has been filed in this court charging the named defendant with a violation of section 2903.21, 2903.211, 2903.22 or 2911.211 of the Revised Code.
“I understand that I must appear before the court, at a time set by the court not later than the next day that the court is in session after the filing of this motion, for a hearing on the motion, and that my antistalking protection order granted pursuant to this motion is a pretrial condition of release and is effective only until the disposition of the criminal proceeding arising out of the attached complaint.”
Domestic violence.- A person may seek relief from domestic violence on the person's own behalf, or any parent or adult household member may seek relief from domestic violence on behalf of any other family or household member, by filing a petition with the court. The petition must contain or state (Ohio RevCodeAnn, Sec. 3113.31, as amended by S. 180, L. 1999, effective March 22, 2001):
an allegation that the named person engaged in domestic violence against a family or household member, including a description of the nature and extent of the domestic violence;
the relationship of the named person to the person seeking the protection order and to the victim if other than the person seeking the protection order;
A request for relief.
If a protection order or consent agreement includes a requirement that the alleged abuser (respondent) be evicted from or vacate the residence or household or refrain from entering the residence, school, business or place of employment of the victim or a family or household member of the person seeking the protective order, the order or agreement cannot be waived or nullified by an invitation from the victim or other family or household member to enter the residence, school, business, or place of employment or by the alleged abuser's entry into one of those places with the consent of the victim or other family or household member (Ohio RevCodeAnn, Sec. 3113.31, as amended by S. 180, L. 1999, effective March 22, 2001).
There are also temporary protection order provisions involving domestic violence and protection of victims in their workplaces at Sec. 2919.26 (amended by S. 50, L. 2003).
Carrying concealed weapons.- In Ohio, it is unlawful to carry a deadly or dangerous weapon concealed on one's person. The prohibition does not apply to law enforcement agents. Also exempt from the prohibition are the following circumstances: (1) the weapon was carried for defensive purposes while the holder was going to or from the holder's home or lawful business/occupation and the holder or the holder's family was, at the time, particularly susceptible to criminal attack; (2) the weapon was carried for any lawful purpose while in the holder's own home; or (3) the weapon was being transported in a motor vehicle for any lawful purpose and was not on the holder's person and, if a firearm, was carried in compliance with the law (Ohio RevCodeAnn, Sec. 2923.12, as amended by H. 12, L. 2003).
Nothing in this section shall negate or restrict a rule, policy, or practice of a private employer that is not a private college, university, or other institution of higher education concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer. Nothing in this section shall require a private employer of that nature to adopt a rule, policy, or practice concerning or prohibiting the presence of firearms on the private employer's premises or property, including motor vehicles owned by the private employer (Ohio RevCodeAnn, Sec. 2923.126(C), as added by H. 12, L. 2003).
A private employer shall be immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to a licensee bringing a handgun onto the premises or property of the private employer, including motor vehicles owned by the private employer, unless the private employer acted with malicious purposes. A private employer is immune from liability in a civil action for any injury, death, or loss to person or property that allegedly was caused by or related to the private employer's decision to permit a licensee to bring, or prohibit a licensee from bringing, a handgun onto the premises or property of the private employer. As used in this section, “private employer” includes a private college, university, or other institution of higher education (Ohio RevCodeAnn, Sec. 2923.126(C), as added by H. 12, L. 2003).
Posting of signs.- Employers may post signs prohibiting weapons from being brought on the premises of the workplace. Some employers, including specified public employers, are required to post such signs (Ohio RevCodeAnn, Sec. 2923.1212, as added by H. 12, L. 2003).
<p>Posting of signs.— Employers may post signs prohibiting weapons from being brought on the premises of the workplace.</p>