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Summary of Am. Sub. H.B. 342
Silica and Mixed Dust Legislation
Sections 2307.84 - 2307.902 Ohio Revised Code
The Medical & Exposure Criteria for Silicosis Claims
Requires a showing of the following medical criteria for
silicosis claims based on nonmalignant conditions (Section 2307.85(B)):
Occupational and exposure history;
Medical and smoking history; and
Diagnosis by competent medical authority of: (1)
permanent respiratory impairment and (2) evidence of silicosis based on
radiological or pathological evidence of silicosis.
Requires a showing of the following exposure
criteria for silica claims based on lung cancer where the claimant is
a smoker (Section 2307.85(C)):
Diagnosis by competent medical authority of primary lung cancer for which exposure to silica is a substantial contributing factor to that cancer;
Evidence of a 10-year latency period (plaintiff has the right to rebut presumption of 10 year latency period); and
Evidence of (1) radiological or pathological evidence of silicosis; and (2) exposure of at least 5 years.
Requires a showing of the following exposure criteria
for silicosis claims based on wrongful death (Section 2307.85(D)):
Diagnosis by competent medical authority that exposure to silica was a substantial contributing factor to the death;
Evidence of a 10-year latency period (plaintiff has the right to rebut presumption of 10-year latency period); and
Evidence of: (1) radiological or pathological evidence of
silicosis exposure; and (2) exposure of at least 5 years. (Note, if the claimant whose
death was caused by living with another person who was exposed to silica and
that other person can meet the exposure requirements in either (1) or (2) above,
the claimant has met this requirement for purposes of the exposure criteria.)
The Medical & Exposure Criteria for Mixed Dust Disease Claims
Requires a showing of the following medical criteria for
mixed dust disease claims based on nonmalignant conditions (Section 2307.86(B));
Occupational and exposure history;
Medical and smoking history; and
Diagnosis by competent medical authority of: (1) permanent respiratory impairment and (2) evidence of mixed dust pneumoconiosis based on a minimum of radiological or pathological evidence of mixed dust pneumoconiosis.
Requires a showing of the following exposure
criteria for mixed dust claims based on lung cancer where the claimant is a smoker (Section 2307.86(C)):
Diagnosis by competent medical authority of primary lung cancer for which exposure to mixed dust is a substantial contributing factor to that cancer;
Evidence of a 10-year latency period (plaintiff has the right to rebut presumption of 10 year latency period); and
Evidence of (1) radiological or pathological evidence of mixed dust pneumoconiosis; and (2) exposure of at least 5 years.
Requires a showing of the following exposure criteria for
mixed dust disease claims based on wrongful death (Section 2307.85(D)):
Diagnosis by competent medical authority that exposure to mixed dust was a substantial contributing factor to the death;
Evidence of a 10-year latency period (plaintiff has the right to rebut presumption of 10-year latency period); and
Evidence of: (1) radiological or pathological evidence of
mixed dust pneumoconiosis; and (2) exposure of at least 5 years. (Note, if the claimant,
whose death was caused by living with another person who was exposed to mixed dust and
that other person can meet the exposure requirements in either (1) or (2) above, the
claimant has met this requirement for purposes of the exposure criteria.)
Filing the Prima Facie Evidence
Requires a plaintiff to file the prima facie evidence within 30 days of filing the complaint or any other initial pleading (Section 2307.87(A));
Requires a court to administratively dismiss any claims that cannot meet the required prima facie showing (Section 2307.87(C));
Provides that the court’s decision on the prima facie showing is not admissible at trial (Section 2307.85(F) and Section 2307.86(F)); and
Provides that a prima facie determination pursuant to Section 2307.85 or Section 2308.86 is a final appealable order (Section 2505.02).
The Statute of Limitations
Premises Liability
Provides that a premises owner is not liable for
any injury resulting from silica or mixed dust exposure unless the individual’s exposure occurred while the individual was at the premises owner’s property (Section 2307.89(A)(1));
For silica or mixed dust exposures that occurred prior to 1972, provides that a plaintiff must prove by a preponderance of the evidence that that the premises owner knew or should have known that the levels of exposure exceeded certain threshold value limits adopted by this state (Section 2307.89(B));
Provides that a premises owner is not liable to
any invitees if an invitee’s employer held itself out as qualified to perform
that type of work unless the plaintiff proves by a preponderance of the evidence that the owner had actual knowledge of potential dangers of the products containing silica or mixed dust at the time of the exposure that was superior to both the invitee and the employer (Section 2307.89(C)(1));
Where the contractor was hired prior to Jan. 1, 1972,
provides that a premises owner cannot be liable to any individual for silica or
mixed dust exposure caused by the contractor’s employees or agents unless the owner directed the activity that caused the injury or gave or denied permission for the critical acts that led to the individual’s injury (Section 2307.89(C)(2)); and
Where the contractor was hired on or after Jan. 1, 1972,
provides that a premises owner is not liable to any individual for silica or mixed
dust exposure caused by the contractor’s employees or agents unless the plaintiff establishes the premises owner’s intentional violation of an established safety standard that was in effect at the time of the exposure and that the alleged violation was in the plaintiff’s breaking zone and was the proximate cause of the plaintiff’s medical condition (Section 2307.89(C)(3)).
Other Provisions
The Lohrmann Standard. Adopts a standard, utilized by the majority of federal courts, when determining whether a particular plaintiff’s exposure to a particular defendant’s silica or mixed dust was a substantial factor in causing the plaintiff’s injury or loss. (Section 2397.901);
Piercing the Corporate Veil. Codifies current Ohio law with respect to the obligations and liabilities of entities for silica and mixed dust claims under the doctrine of piercing the corporate veil (Section 2397.902); and
Requests the Ohio Supreme Court to adopt venue and consolidation rules relating to mixed dust disease and silicosis claims (Section 3)
Application of House Bill 342
Provides that House Bill 342 does not apply to bankruptcy proceedings (Section 2307.90(A));
Provides that House Bill 342 does not apply to workers’ compensation claims or veterans’ benefits programs (Section 2307.90(B)); and
Provides that, except with respect to the exposure requirements mentioned above, House Bill 342 does not apply to statutory wrongful death claims (Section 2307.90(C)).
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