State ex rel. McVay v. Industrial Commission

Ohio Adm.Code 4121:l-5-01(A), under which the disputed specific safety requirement falls, states in its “scope” provision:

“Installations or constructions built or contracted for prior to the effective date (shown at the end of each rule) of any requirement shall be deemed to comply with the provisions of these requirements if such installations or constructions comply either with the provisions of these requirements or with the provisions of any applicable specific requirement which was in effect at the time contracted for or built.”

The commission ruled that this grandfather clause rendered…