OHIO BUREAU OF WORKERS’ COMPENSATION
Public Records Policy
In the spirit of open government, the Ohio Bureau of
Workers’ Compensation (BWC) complies with the Ohio Public Records Act, set forth
in Section 149.43 of the Ohio Revised Code. The code provides the legal
framework for seeking information from Ohio’s public offices. This policy
will further outline general procedures for requesting public records that BWC
maintains.
Public Record Defined
Not all materials maintained by a state or local office
are public records. In accordance with the Ohio Public Records Act, BWC
generally regards a “public record” as the following: (1) Any document, device,
or item; (2) maintained by a public office; (3) created, received, or sent by a
public office; (4) which documents the organization, functions, policies,
decisions, procedures, operations, or other activities of the office; and (5)
which does not fall under any exceptions to the Act.
Availability of Records Within
a Reasonable Time
As the law requires, BWC makes every effort to ensure
public records are available for inspection promptly and within a reasonable
time period. To this end, “prompt” and “reasonable” depend upon:
· Volume
of records requested;
· Form
of the requested records;
· The proximity of the location where the records are stored;
· The need for any pre-release review of the records
requested;
· The scope of the request, the ease or difficulty of
identifying, compiling, and reviewing potentially responsive records, and BWC’s
operational needs.
Requestor’s Rights
A requestor cannot be required to:
· Disclose
his or her identity;
· Identify
the purpose for the request;
· Submit
the request in writing.
However—subject to the requestor’s right to decline—BWC
may ask for this information if it would enable BWC to identify responsive
records with greater accuracy and efficiency.
Because Ohio law exempts certain records from public
disclosure, BWC reviews potentially responsive records before releasing
them. This helps protect exempt information as permitted or required by
law. Once BWC receives a request, the public records unit searches for,
gathers, and reviews responsive records. If necessary, BWC will make
appropriate redactions and/or withhold exempt records prior to disclosing the
material. In accordance with this process, records will typically not be
available the same day a request is made.
Costs
BWC may require the requestor to pay the actual costs for
copying, delivering, or transmitting the records (including the cost of
materials, packaging supplies, postage, etc.). As a general rule, the
charge for producing records should be no more than 5 cents per page and $1 per
CD-Rom. In addition, BWC may require the requestor to pay in advance.
Requests/Questions
Ohio Bureau of Workers’ Compensation
Attention: Legal Division-Public Records Unit
30 W. Spring Street, 26th Floor
Columbus, Ohio 43215
Phone: 614-728-5574/Fax:
614-621-9454
Email: publicrecords@bwc.state.oh.us