The Akron Legal News

Lawmakers want increased protection for utility workers from threats

KEITH ARNOLD
Special to the Legal News
Published: October 19, 2017

Threats directed toward utility workers while on the job presumably have become enough of a problem that a lawmaker duo in the Ohio House of Representatives has proposed expanding the aggravated menacing offense to afford these individuals the statute's protections.

House Bill 276 would expand the offense to prohibit threatening a utility worker with the intent to obstruct the operation of a utility.

"We have seen many cases where an individual, whether they are installing cable services or cutting a tree down, is threatened with a deadly weapon," Republican Rep. Jeffrey Rezabek of Dayton told members of the House Criminal Justice during sponsor testimony. "This piece of legislation aims to end this."

Rezabek said the expansion only applies to individuals who commit such an offense when they "know or have reasonable cause to know that the victim is a utility worker."

The lawmaker illustrated the point by citing a recent incident in Florida that involved a man shooting out the tires of an AT&T truck because the man was upset that the trucks were parked in front of his house, according to a published account of the situation.

"While we understand that this situation is one of the egregious variety, over the course of working through this piece of legislation, we were approached by utility companies explaining that their workers have been threatened many times and that having HB 276 in statute, it would protect their workers greatly."

AEP Ohio Vice President of Distribution Operations Selwyn Dias wrote committee members last week to make them aware of the energy distribution and power company's support of the bill.

Characterizing HB 276 as an additional protection to workers, Dias said the measure also would ensure AEP customers have access to safe and reliable electric service.

"Our top priority is to ensure that each of our employees returns home safely to their families each day," the executive wrote. "They endure the heat of summer, frigid winter temperatures, work with energized electric lines and drive hundreds of miles a week to keep our electrical grid functioning and the lights on.

"A vast majority of our customers understand and appreciate the difficult work our crews do and show their support when they have the opportunity. However, there are occasions when our workers are verbally abused, physically threatened and sometimes assaulted."

Dias cited an incident involving a meter reader who was physically assaulted and severely injured while doing his job.

He said AEP has instituted policies and procedures and trained its workers about responding to such threats.

Dias noted that once an individual has threatened a utility worker, the individual usually acts out in a similar fashion during subsequent interactions.

"We have been required to obtain police escorts just so our workers can do their jobs," he continued. "The measures proposed in HB 276 send a clear message to the public and to our workers.

"It reinforces the message that the services we provide are critical and that our workers should be able to perform their jobs without threat or fear of verbal abuse or physical violence. And it demonstrates to our workers that we value and applaud the tough work they do each day."

HB 276 would raise the penalty of aggravated menacing, currently a first-degree misdemeanor of the first degree, to a felony of the fourth degree.

Joint sponsor of the bill - Rep. Dave Greenspan, R-Westlake - detailed its multiple facets.

"The offender has to know or has reasonable cause to know that the victim is a utility worker," Greenspan began. "The victim (must be) engaged in the performance of their duties (and) the offender has to threaten the victim with a deadly weapon with intent to obstruct the operation of a utility."

Only when those three factors are present can the new enhancement be used.

"This piece of legislation is supported by much if not all of the utility industry and we look forward to having them come in and testify before the committee."

During the second hearing of the bill last week, representatives from Dayton Power & Light, Communication Workers of America, Ohio Rural Water Association and the Coalition of Ohio Regional Districts offered testimony in support of HB 276.

The bill, which has cosponsor support of seven fellow House members, was not scheduled for a third hearing before the committee at time of publication.

[Back]