Publications + Presentations

Summary

• VSSR occurs when an Ohio employer violates a specific safety rule causing injury
• Injured workers may receive extra compensation beyond standard workers' comp
• Employers must pay this compensation directly if found liable
• Repeat violations can lead to steep penalties
• Legal guidance is recommended due to the complexity of VSSR cases

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In recent months, several cases involving workplace safety violations have landed on my desk, each raising critical questions about employer liability and the scope of extra compensation available to injured workers. These cases center around what Ohio law calls a Violation of a Specific Safety Requirement (VSSR), a designation that can significantly increase the financial exposure for employers beyond standard workers’ compensation benefits. With the stakes higher than ever, there’s no better time to revisit what constitutes a VSSR, how it’s calculated, and what employers can do to mitigate risk.

What Is a VSSR?

A Violation of a Specific Safety Requirement (VSSR) happens when an Ohio employer fails to follow a specific workplace safety rule. If that violation directly causes a worker’s injury, the injured worker may be entitled to extra compensation – on top of regular workers’ compensation benefits. The employer is then responsible for paying this additional amount, and in some cases, may face further penalties depending on the severity of the violation.

Why Does This Matter?

If you’re an employer, a VSSR finding could mean serious financial penalties and a hit to your safety record. If an employer is found to have two or more VSSRs within a 24-month period, an additional penalty of up to $50,000 can be assessed. It’s important to remember that the penalty would be paid directly by the employer. And aside from the financial impact, it’s not uncommon for a company that you do business with to ask about your safety record.

Key Facts

Under Ohio law, employers have a duty to protect employees and to provide them with a safe place to work. Accordingly, employees have their own responsibilities, which include using the provided safety equipment properly. 
An injured worker has one year from the date of their injury to file a VSSR application. Once the application is filed with the Bureau of Workers’ Compensation, both the BWC and the Ohio Industrial Commission get involved. The BWC assigns an investigator, who will typically conduct an on-site visit and then prepare a written report. After the report is prepared, the VSSR application is ready for a hearing at the Industrial Commission. If the Industrial Commission subsequently finds that the employer violated a specific safety rule and that caused the injury, the injured worker will be awarded monetary compensation which the employer must pay. 

Certain industries and workplaces are more likely to deal with a VSSR. They include:

• Construction 
• Workshops and factories 
• Metal casting
• Steel making, manufacturing, and fabricating
• Rubber and plastic industries
• Window cleaning

For Employers

To avoid VSSR claims, employers should heed several best practices:

Make sure your workplace follows all safety rules and regulations.

• Train employees regularly on safety procedures.
• Fix hazards right away and document your efforts.

Staying proactive about these best practices can address potential issues before they escalate and impact both your valued employees and your bottom line.

Questions?

VSSR issues can be complex and time sensitive. If you are dealing with an alleged VSSR, contact Jacob Dobres to discuss your specific situation in detail, at jdobres@keglerbrown.com or call (614) 462-5404.