[29 Pa.B. 3161]
[Continued from previous Web Page] (9) Regularly reviewed and updated emergency action plans.
(10) Employe accident and illness prevention suggestion and communications programs.
(11) Mechanisms for employe involvement, which may include establishment of a workplace safety committee as described in Subchapter F (relating to workplace safety committees).
(12) Established safety rules and methods for their enforcement.
(13) Methods for accident investigation, reporting and recordkeeping.
(14) Prompt availability of first aid, CPR and other emergency treatments.
(15) Methods for determining and evaluating program effectiveness. These may include:
(i) Comparison of the individual self-insured employer's incidence rate as derived using the Occupational Health and Safety Administration (OSHA)/United States Department of Labor Bureau of Labor Statistics (BLS) formula to the current OSHA/BLS industry-wide rate published annually in the BLS ''Survey of Occupational Injuries and Illnesses.''
(ii) Comparison of individual employer injury and illness rates determined by means of a formula prescribed by the Bureau to current, Statewide rates by industry published annually by the Bureau in the ''Pennsylvania Work Injuries and Illnesses'' report.
(iii) Experience modification factor.
(iv) Loss ratio.
(v) Other methods used by individual self-insured employers deemed appropriate by the Bureau.
(16) Protocols or standard operating procedures, when applicable to the workplace environment for:
(i) Electrical and machine safeguarding.
(ii) Personal protective equipment.
(iii) Hearing and sight conservation.
(iv) Lockout/tagout procedures.
(v) Hazardous materials handling, storage and disposal procedures.
(vi) Confined space entry procedures.
(vii) Fire prevention and control practices.
(viii) Substance abuse awareness and prevention policies and programs.
(ix) Control of exposure to bloodborne pathogens.
(x) Preoperational process reviews.
(xi) Others as may be appropriate for the individual self-insured employer's worksite operations.
(b) Individual self-insured employers shall maintain records describing the comparison methods chosen from subsection (a)(15) for the most current complete fiscal year and 2 preceding consecutive fiscal years. Those records shall contain at a minimum:
(1) The annual calculated rates for the methods chosen.
(2) A copy of the calculations used to determine the annual rates.
(3) A copy of the sources containing the complete data used in calculating the annual rates.
§ 129.403. Individual self-insured employer's accident and illness prevention services providers qualifications.
(a) Accident and illness prevention services providers employed by an individual self-insured employer or serving through a contract to perform accident and illness prevention services shall meet the qualifications in Subchapter E (relating to accident and illness prevention services providers qualification standards).
(b) The Bureau may require the individual self-insured employer to provide proof that the qualifications for accident and illness prevention services providers have been met by each individual providing accident and illness prevention services, whether employed or under contract, based on the criteria in Subchapter E.
§ 129.404. Reporting requirements--individual self-insured employers.
(a) At the time of reapplication for renewal of self-insurance status, an individual self-insured employer shall, as required under section 815 of the act (77 P. S. § 1036.15), provide the Bureau with detailed information on its accident and illness prevention program using form AIPPS, for the last complete fiscal year preceding the date of the renewal application.
(b) Report information shall be subject to Bureau verification.
§ 129.405. Report findings.
Upon receipt of the report required under § 129.404 (relating to reporting requirements--individual self-insured employers), the Bureau will review the report data and formulate determinations as to the adequacy or inadequacy of programs. Employers will receive notification of adequate rating determinations. Final rating determinations of inadequate will be forwarded to the Director who will provide notification to the employer and initiate appropriate action regarding the continuance of self-insurance status.
§ 129.406. Recordkeeping requirements.
Individual self-insured employers shall maintain records of accident and illness prevention program services for the most complete fiscal year and 2 preceding consecutive fiscal years which include:
(1) The dates of requests for services.
(2) The services requested or problems presented.
(3) The dates on which services were provided.
(4) The number of hours expended providing services, including both onsite and preparatory time.
(5) The number of service visits.
(6) Service reports including recommendations.
(7) The results of industrial hygiene and health surveys and consultations.
(8) Accident and illness prevention training conducted.
(10) Safety-related materials provided.
§ 129.407. Periodic audits of individual self-insured employer's accident and illness prevention program.
(a) The Bureau may audit the accident and illness prevention program of an individual self-insured employer including accident and illness prevention services providers qualifications, at least once 2 years to determine the adequacy of the employer's accident and illness prevention program.
(b) A combined audit may be conducted for affiliated companies of an individual self-insured employer if the same facilities, accident and illness prevention program, and accident and illness prevention services providers are used by each of the companies.
(c) At least 60 calendar days prior to an audit, the Bureau will notify the individual self-insured employer in writing of the date on which the audit will occur.
§ 129.408. Preaudit exchange of information.
(a) At least 45 calendar days prior to the audit, the individual self-insured employer shall provide the Bureau with:
(1) A completed, annual AIPPS report for the most recently completed fiscal year and, if requested, the AIPPS reports for the 2 preceding consecutive fiscal years including those of its affiliated companies, if applicable.
(2) The name, address and telephone number of the contact person.
(3) A description of the types of accident and illness prevention program services provided during the last completed fiscal year.
(4) The name, address, business telephone number, qualifications and status (whether employed or contracted) of each person acting as an accident and illness prevention services provider for the individual self-insured employer.
(b) At least 15 calendar days prior to the date of the audit, the individual self-insured employer shall provide the Bureau with information on forms prescribed by the Bureau that describe the employer's accident and illness prevention program.
(c) If the information necessary for the audit is not furnished in a timely manner, the Bureau may cancel the audit, and a final rating determination of inadequate will be forwarded to the Director. The Director will provide notification to the employer and initiate appropriate action regarding continuance of self-insurance status. A rating may be challenged by the insurer in accordance with Subchapter G (relating to hearings).
§ 129.409. Site of audit.
(a) The audit of the individual self-insured employer's accident and illness prevention program will take place at the employer's main office in this Commonwealth unless otherwise agreed by the Bureau and the employer. If the individual self-insured employer has no office in this Commonwealth, the audit will take place at the Bureau's headquarters.
(b) The individual self-insured employer shall provide the documentation requested or required by the Bureau at the site where the audit will occur.
§ 129.410. Written report of audit.
(a) After the conclusion of the audit, a report of findings including a final determination of adequate or inadequate will be written.
(b) The individual self-insured employer will be notified of a final rating determination of adequate.
(c) If a rating determination of inadequate is assigned, specific deficiencies will be listed along with the actions necessary to correct them. Within 60 calendar days, the employer shall comply with these recommendations, and provide satisfactory proof of correction to the Bureau. At the end of the 60 calendar day period, a final rating determination of adequate or inadequate will be assigned. The employer will receive notification of an adequate rating. Notice of an inadequate rating will be forwarded to the Director. The Director will provide notification to the employer and initiate appropriate action regarding continuance of self-insurance status.
§ 129.411. Reports of progress on correcting deficiencies.
An individual self-insured employer shall file a plan of correction including a timetable for correction, acceptable to the Bureau, for any deficiency requiring more than 60 calendar days to correct. Periodic progress reports shall be filed by the employer detailing corrective actions. The Bureau may conduct periodic audits to confirm information submitted in progress reports. At the conclusion of the correction period, a final rating determination of adequate or inadequate will be assigned. The employer will receive notification of an adequate rating. Final rating determinations of inadequate will be forwarded to the Director. The Director will notify the employer and initiate appropriate action regarding continuance of self-insurance status.
§ 129.412. Failure to maintain an adequate program.
Under Chapter 7D of the act (77 P. S. § 1037.1--1037.8), failure to establish or maintain an accident and illness prevention program, using qualified personnel, and to provide proof of these services required under the act may result in the Department issuing an order to show cause that may also result in one or both of the following:
(1) Denial or revocation of the privilege of self-insurance status in this Commonwealth by the Bureau.
(2) Finding of a civil violation of the act, subject to a maximum penalty of $2,000 per day, under section 1001 of the act (77 P. S. § 1038.1).
§ 129.413. Contesting final rating determinations.
A party wishing to contest a final rating determination shall do so under Subchapter G (relating to hearings).
Subchapter D. GROUP SELF-INSURANCE FUND'S ACCIDENT AND ILLNESS PREVENTION PROGRAMS Sec.
129.451. Purpose. 129.452. Program requirements. 129.453. Group self-insurance fund accident and illness prevention services providers qualifications. 129.454. Reporting requirements--applicants for group self-insurance fund status. 129.455. Reporting requirements--group self-insurance funds. 129.456. Report findings. 129.457. Service requirements. 129.458. Recordkeeping requirements. 129.459. Periodic audits of group self-insurance fund's accident and illness prevention program. 129.460. Preaudit exchange of information. 129.461. Site of audit. 129.462. Written report of audit. 129.463. Reports of progress on correcting deficiencies. 129.464. Failure to maintain or provide an adequate program. 129.465. Contesting final rating determinations. § 129.451. Purpose.
This subchapter establishes the criteria that the Bureau will employ in determining the adequacy of the accident and illness prevention program required by a group self-insurance fund under the act as a prerequisite for retention of group self-insurance fund status.
§ 129.452. Program requirements.
(a) A group self-insurance fund shall maintain or provide an adequate accident and illness prevention program and maintain records for this program for the 3 most current fiscal years. The program shall contain the following elements:
(1) A safety policy statement.
(2) A designated accident and illness prevention program coordinator.
(3) An assignment of responsibilities for implementing and evaluating the accident and illness prevention program.
(4) Program goals and objectives.
(5) Mechanisms for employe involvement, which may include establishment of a workplace safety committee including a safety committee as described in Subchapter F (relating to accident and illness prevention services providers qualification standards).
(6) Employe accident and illness prevention suggestion and communications programs.
(7) Methods for accident investigation, reporting and recordkeeping.
(8) Methods for determining and evaluating program effectiveness. These may include:
(i) Comparison of the group self-insurance fund incidence rate as derived using the Occupational Health and Safety Administration (OSHA)/Bureau of Labor Statistics (BLS) formula to the current, published OSHA/BLS industrywide rate.
(ii) Comparison of the group self-insurance fund injury and illness rates determined by means of a formula prescribed by the Bureau to current, published Statewide rates by industry.
(iii) Experience modification factor.
(iv) Loss ratio.
(v) Other methods used by group self-insurance funds deemed appropriate by the Bureau.
(9) Protocols or standard operating procedures, when applicable, to the workplace environment for:
(i) Electrical and machine safeguarding.
(ii) Personal protective equipment.
(iii) Hearing and sight conservation.
(iv) Lockout/tagout procedures.
(v) Hazardous materials handling, storage and disposal procedures.
(vi) Confined space entry procedures.
(vii) Fire prevention and control practices.
(viii) Substance abuse awareness and prevention policies and programs.
(ix) Control of exposure to bloodborne pathogens.
(x) Preoperational process reviews.
(xi) Others as may be appropriate for members' worksite operations.
(b) Group self-insurance funds shall maintain records describing the comparison methods chosen from subsection (a)(8) for the most current fiscal year and 2 preceding consecutive fiscal years. Those records shall contain at a minimum:
(1) The annual calculated rates for the methods chosen.
(2) A copy of the calculations used to determine the annual rates.
(3) A copy of the sources containing the complete data used in calculating the annual rates.
§ 129.453. Group self-insurance fund accident and illness prevention services providers qualifications.
(a) Accident and illness prevention services providers employed by a group self-insurance fund or serving through a contract to perform accident and illness prevention services shall meet the qualifications specified in Subchapter E (relating to accident and illness prevention services providers qualification standards).
(b) The Bureau may require the group self-insurance fund to provide proof that the qualifications for accident and illness prevention services providers have been met by each individual providing accident and illness prevention services, whether employed or under contract, based on the criteria in Subchapter E.
§ 129.454. Reporting requirements--applicants for group self-insurance fund status.
(a) As part of its application package for group self-insurance fund status submitted to the Bureau, an applicant for self-insurance fund status shall provide the Bureau with detailed information on its accident and illness prevention program that will be offered or provided to fund members as required under § 129.457 (relating to service requirements) using form LIBC-231G, ''Initial Report of Accident and Illness Prevention Program Status.''
(b) As part of the process of granting group self-insurance fund status, the Bureau will use this information to determine whether to grant group self-insurance fund status.
§ 129.455. Reporting requirements--group self-insurance funds.
(a) A group self-insurance fund shall provide the Bureau with detailed information on its accident and illness prevention program using Form LIBC-230G, ''Annual Report of Accident and Illness Prevention Program Status By Group Self-Insurance Funds,'' along with the annual report to the Bureau required under section 815 of the act (77 P. S. § 1036.15).
(b) A group self-insurance fund shall also provide information describing the established methods used to identify individual fund members requiring accident and illness prevention services. A group self-insurance fund shall also provide data describing accident and illness prevention services efforts for the identified members and the effectiveness of these efforts in improving injury and illness rates.
(c) Report information shall be subject to Bureau verification.
§ 129.456. Report findings.
Upon receipt of a report required under § 129.454 or § 129.455 (relating to reporting requirements--applicants for group self-insurance fund status; and reporting requirements--group self-insurance funds), the Bureau will review the report data and formulate determinations as to the adequacy or inadequacy of programs. Group self-insurance funds will receive notification of adequate rating determinations. Final rating determinations of inadequate will be forwarded to the Director who will provide notification to the group self-insurance fund and initiate appropriate action regarding the continuance of group self-insurance fund status.
§ 129.457. Service requirements.
A group self-insurance fund shall maintain or provide through its own or contracted accident and illness prevention services providers the following accident and illness prevention services to members:
(1) Onsite surveys to identify existing or potential accident and illness hazards or safety program deficiencies. Recommendations shall be made to the fund member concerning abatement of hazards or program deficiencies identified as a result of the surveys. If one or more imminent danger situations or program deficiencies are identified, at least one follow-up visit shall be made to determine what corrective action the fund member has taken and to make further recommendations, if required.
(2) Analyses of the causes of accidents and illnesses at the members' worksites.
(3) Industrial hygiene surveys appropriate to the members' needs--for example, air quality.
(4) Industrial health services appropriate to members' needs--for example, wellness programs and health screenings.
(5) Accident and illness prevention training programs, including safety committee training.
(6) Onsite and telephone consultations regarding specific safety and health problems and hazard abatement programs and techniques.
(7) Review of planned or newly introduced industrial materials, processes, equipment, layouts and techniques to identify potential hazards and to recommend methods to mitigate any hazards identified.
§ 129.458. Recordkeeping requirements.
(a) Group self-insurance funds shall maintain records of accident and illness prevention programs or services for each member for the most complete current fiscal year and 2 preceding consecutive fiscal years which include:
(1) The dates of requests for services.
(2) The services requested or problems presented.
(3) The dates of the group self-insurance fund's responses.
(4) The dates on which services were provided and member responses to recommendations.
(5) The number of hours expended providing services including both onsite and preparatory time.
(6) The final disposition of requests.
(7) The number of service visits.
(8) Service reports including recommendations.
(9) The results of industrial hygiene and industrial health surveys and consultations.
(10) Accident and illness prevention training conducted.
(11) Safety-related materials provided.
(12) Member responses to group self-insurance fund recommendations.
(b) Group self-insurance funds shall annually solicit comments from its members regarding the effectiveness of the accident and illness prevention program provided by the group self-insurance fund. This information shall be made available to the Bureau upon request.
§ 129.459. Periodic audits of group self-insurance fund's accident and illness prevention program.
(a) The Bureau may audit the accident and illness prevention program of a group self-insurance fund including accident and illness prevention services providers' qualifications at least once every 2 years to determine the adequacy of the fund's accident and illness prevention program.
(b) A combined audit may be conducted for affiliated companies of a group self-insurance fund if the same facilities, accident and illness prevention program, and accident and illness prevention services providers are used by each of the companies.
(c) At least 60 calendar days prior to an audit, the Bureau will notify the group self-insurance fund administrator in writing of the date on which the audit will occur.
§ 129.460. Preaudit exchange of information.
(a) At least 45 calendar days prior to the audit, the group self-insurance fund administrator shall provide the Bureau with:
(1) A completed annual AIPPS report as prescribed by the Bureau for the most recently completed fiscal year and, if requested, the AIPPS reports for 2 preceding consecutive fiscal years including those of its affiliated companies, if applicable.
(2) A list of the fund members, including the company name, address, telephone number and contact person. Indicate the types of accident and illness prevention program services provided to selected fund members during the last completed group self-insurance fund fiscal year.
(3) The name, address, business telephone number, qualifications and status (whether employed or contracted) of each person acting as an accident and illness prevention services provider for the group self-insurance fund.
(b) The list of fund members will be kept confidential by the Bureau.
(c) At least 15 calendar days prior to the date of the audit, the fund administrator shall provide the Bureau with information on forms prescribed by the Bureau that describe the selected fund member's accident and illness prevention program.
(d) If the information necessary for the audit is not furnished in a timely manner, the Bureau may cancel the audit, and a final rating determination of inadequate will be forwarded to the Director. The Director will notify the fund administrator and initiate appropriate action regarding continuance of group self-insurance fund status. A rating may be challenged by the fund administrator in accordance with Subchapter G (relating to hearings).
§ 129.461. Site of audit.
(a) The audit of the group self-insurance fund's accident and illness prevention program will take place at the fund administrator's main office in this Commonwealth unless otherwise agreed by the Bureau and the fund administrator. If the group self-insurance fund has no office in this Commonwealth, the audit will take place at the Bureau's headquarters.
(b) The group self-insurance fund shall provide all documentation requested or required by the Bureau at the site where the audit will occur.
§ 129.462. Written report of audit.
(a) At the conclusion of the audit, a report of findings including a final determination of adequate or inadequate will be written.
(b) The group self-insurance fund will be notified of a final rating determination of adequate.
(c) If a rating determination of inadequate is assigned, specific deficiencies will be listed along with the actions necessary to correct them. Within 60 calendar days, the group self-insurance fund administrator shall comply with these recommendations, and provide satisfactory proof of correction to the Bureau. At the end of the 60 calendar day period, a final rating determination of adequate or inadequate will be assigned. The group self-insurance fund administrator will receive notification of an adequate rating. Notice of an inadequate rating will be forwarded to the Director. The Director will provide notification to the group self-insurance fund administrator and initiate appropriate action regarding continuance of group self-insurance fund status.
§ 129.463. Reports of progress on correcting deficiencies.
A group self-insurance fund administrator shall file a plan of correction including a timetable for correction, acceptable to the Bureau, for any deficiency requiring more than 60 calendar days to correct. Periodic progress reports shall be filed by the group self-insurance fund administrator detailing corrective actions. The Bureau may conduct periodic audits to confirm information submitted in progress reports. At the conclusion of the correction period, a final rating determination of adequate or inadequate will be assigned. The group self-insurance fund administrator will receive notification of an adequate rating. Final rating determinations of inadequate will be forwarded to the Director. The Director will notify the group self-insurance fund administrator and initiate appropriate action regarding continuance of group self-insurance fund status.
§ 129.464. Failure to maintain or provide an adequate program.
Under Chapter 7D of the act (77 P. S. §§ 1037.1--1037.8), failure to establish, maintain or provide accident and illness prevention services, using qualified personnel, and to provide proof of these services required under the act may result in the Department issuing an order to show cause that may also result in one or both of the following:
(1) Denial or revocation of the privilege of group self-insurance fund status in this Commonwealth by the Bureau.
(2) Finding of a civil violation of the act, subject to a maximum penalty of $2,000 per day, under section 1001 of the act (77 P. S. § 1038.1).
§ 129.465. Contesting final rating determinations.
A party wishing to contest a final rating determination shall do so under to Subchapter G (relating to hearings).
Subchapter E. ACCIDENT AND ILLNESS PREVENTION SERVICES PROVIDERS QUALIFICATION STANDARDS Sec.
129.701. Purpose and scope. 129.702. Accident and illness prevention services providers qualifications. 129.703. Procedures for obtaining designation recognition. 129.704. Proof of accident and illness prevention services providers qualifications and experience. § 129.701. Purpose and scope.
This subchapter sets forth the qualification standards for accident and illness prevention services providers. These qualifications apply only to those individuals either directly employed by or retained under contract with either a workers' compensation insurer, self-insured employer or group self-insurance fund and who provide accident and illness prevention services for the workers' compensation insurers' policyholders, the self-insured employer or group self-insurance fund members. Procedures by which organizations and associations may apply for recognition of designations or certifications are also outlined.
§ 129.702. Accident and illness prevention services providers qualifications.
(a) A workers' compensation insurer, individual self-insured employer or group self-insurance fund shall directly employ qualified accident and illness prevention services providers or shall retain qualified contracted accident and illness prevention services providers as described in this section to provide accident and illness prevention services.
(b) An individual providing accident and illness prevention services as an employe or contracted accident and illness prevention services provider shall be responsible for supplying annual proof of his current qualifications to the insurer, individual self-insured employer or group self-insurance fund.
(c) The insurer, self-insured employer or group self-insurance fund administrator shall be responsible for reviewing proof of accident and illness prevention services providers qualifications according to the criteria in subsection (d). Verification shall be submitted to the Bureau as part of annual reports of accident and illness prevention services and programs specifying that all employed or contracted accident and illness prevention services providers providing accident and illness prevention services during the reporting period meet current, approved qualifications.
(d) An individual shall be recognized as a qualified accident and illness prevention services provider within the meaning of section 1001 (a) and (b) of the act (77 P. S. § 1038.1(a) and (b)) and this subchapter, by providing verification that the individual possesses one or more of the following qualifications:
(1) An educational degree or certification recognized by the Bureau in accident and illness prevention fields from accredited institutions or programs and at least 2 years of acceptable experience as set forth in subsection (e).
(2) A certification or designation recognized by the Bureau from a professional organization in the field of accident and illness prevention and at least 2 years of acceptable experience in subsection (e).
(3) A certification or designation from an industry-specific accident and illness prevention program recognized by the Bureau and at least 2 years of acceptable experience as set forth in subsection (e). Holders of recognized certifications or designations will be restricted to the delivery of accident and illness prevention services as defined by the specific program within a given industry.
(e) The 2 years of accident and illness prevention experience required in subsection (d) shall include current, full-time professional experience providing accident and illness prevention services which accounts for at least 60% of the individual's activities. Acceptable activities include: identifying hazards, conducting safety and health surveys, providing corrective recommendations, analyzing accident causes, and recommending or providing industrial hygiene and industrial health surveys and consultations.
(f) The Bureau will maintain a listing of recognized organizational certifications or designations. Inquiries may be made to the Bureau for current information reflecting additions or deletions to that listing.
(g) A person who is currently employed by an insurer, individual self-insured employer or group self-insurance fund to provide accident and illness prevention services and who does not possess any Bureau recognized qualifications as outlined in subsection (d) shall have 5 years from the filing date of the annual report on which the accident and illness prevention services providers is first listed, to meet one or more of the requirements listed in subsection (d). The activities of accident and illness prevention services providers claiming this category of qualification shall be directed by a services provider currently holding a recognized qualification during the 5-year period in which a recognized credential is being earned. After that 5-year period, an individual who has not obtained a recognized qualification and submitted acceptable proof to the Bureau, through the employing or contracting insurer, individual self-insured employer or group self-insurance fund may not be recognized as a qualified accident and illness prevention services provider for purposes of the act and this chapter.
§ 129.703. Procedures for obtaining designation recognition.
The Bureau will accept applications from educational programs, certifying organizations or specific industry programs requesting recognition of designations or certifications. The form and content of applications will be specified by the Bureau. Appeals from a denial of designation recognition may be taken in accordance with Subchapter G (relating to hearings).
§ 129.704. Proof of accident and illness prevention services providers' qualifications and experience.
Proof of an individual's qualifications and experience as an accident and illness prevention services provider shall be maintained by the insurer, individual self-insured employer or group self-insurance fund. For audit purposes, the proof of qualification for each accident and illness prevention services provider shall be retained for the most complete current year and 2 preceding consecutive years.
Subchapter F. WORKPLACE SAFETY COMMITTEES Sec.
129.1001. Purpose. 129.1002. Application for initial certification. 129.1003. Minimum eligibility requirements. 129.1004. Committee formation and membership. 129.1005. Committee responsibilities. 129.1006. Committee member training. 129.1007. Certification. 129.1008. Certification renewal affidavit. 129.1009. Information verification. 129.1010. Recordkeeping requirements. 129.1011. Contesting final determinations. § 129.1001. Purpose.
This subchapter sets forth the certification criteria for the operation of workplace safety committees established for the purpose of accident and illness prevention. An applicant-employer shall meet the criteria in this subchapter to obtain certification or certification renewal of its workplace safety committees for its workplaces within this Commonwealth.
§ 129.1002. Application for initial certification.
(a) An applicant-employer desiring to apply for certification of its workplace safety committee shall file form LIBC-372, ''Application for Certification of Workplace Safety Committee,'' with the Bureau. An application shall be filed for each legal entity of the applicant-employer.
(b) For the purpose of certification, an applicant-employer shall file one application which shall incorporate all of the applicable applicant-employer workplaces within this Commonwealth.
(c) Applications shall be submitted to the Bureau between 90 and 30 calendar days prior to the annual renewal of a workers' compensation policy, self-insurance renewal year or group self-insurance fund year.
§ 129.1003. Minimum eligibility requirements.
(a) An applicant-employer's committees shall be located within this Commonwealth.
(b) The committee shall be in existence and operating according to the requirements of this subchapter for 6 full, consecutive calendar months prior to the signing, dating and submission of the application.
(c) The committee membership shall reasonably represent all of the job activities of the workplaces it represents.
(d) The committees shall be composed of a minimum of two employer-representatives and a minimum of two employe-representatives.
(e) Employer-representatives include foremen, supervisory and managerial personnel and are individuals who, regardless of job title or labor organization affiliation, function in the capacity of employer representative, based upon an examination of that individual's authority or responsibility to do one or more of the folllowing:
(1) Select or hire an employe.
(2) Remove or terminate an employe.
(3) Direct the manner of employe performance.
(4) Control the employe.
(f) Employe-representatives are individuals who perform services for an employer for valuable consideration and do not possess any authority or responsibility described in subsection (e).
(g) A person may not function as both an employer-representative and an employe-representative.
§ 129.1004. Committee formation and membership.
(a) An applicant-employer who has only one workplace within this Commonwealth shall form a single workplace safety committee at that workplace within this Commonwealth for the purpose of certification.
(b) An applicant-employer who has more than one workplace within this Commonwealth may form either a single, centralized workplace safety committee representing each of its workplaces within this Commonwealth or separate and individual safety committees at each workplace within this Commonwealth for the purpose of certification.
(c) The committee shall be composed of at least an equal number of applicant-employer and employe representatives unless otherwise agreed upon by both parties. A satisfactory, written explanation to the Bureau is required when a committee is not composed of an equal number of applicant-employer and employe-representatives and a majority of applicant-employer representatives exists. The explanation shall be signed by one employer and one employe committee representative.
(d) Employe-representatives of the committees shall:
(1) Be permitted to take reasonable time from work to perform committee duties, without loss of pay or benefits.
(2) Serve a continuous term of 1 year. Member rotation should be structured so that there is always at least a core group of experienced members serving on the committee at any given time. Records of member rotation shall be maintained by the applicant-employer for 5 years from the date of application submission.
§ 129.1005. Committee responsibilities.
(a) To be granted certification, the workplace safety committees shall have responsibilities including:
(1) Representing the accident and illness prevention concerns of employes at every applicant-employer workplace.
(2) Reviewing the applicant-employer's hazard detection and accident and illness prevention program and making written recommendations.
(3) Establishing procedures for periodic workplace inspections by the safety committees for the purpose of locating and identifying health and safety hazards. The locations and identity of hazards shall be documented in writing, and the committees shall make recommendations to the applicant-employer regarding correction of the hazards.
(4) Conducting timely review of incidents resulting in work-related deaths, injuries and illnesses and of complaints regarding health and safety hazards made by committee members or other employes.
(5) Conducting follow-up evaluations of newly implemented health and safety equipment or health and safety procedures to assess their effectiveness.
(6) Establishing a system to allow the committee members to obtain safety-related suggestions, reports of hazards or other information directly from persons involved in the operation of the workplace.
(b) A quorum of committee members shall meet at least monthly.
(c) The committees shall additionally:
(1) Develop operating procedures, such as rules or bylaws, prescribing the committees' duties.
(2) Develop and maintain membership lists.
(3) Develop a written agenda for each committee meeting.
(4) Maintain committee meeting attendance lists.
(5) Take and maintain minutes of each committee meeting which the applicant-employer shall review and maintain for 5 years for inspection by the Bureau, at the Bureau's discretion. Copies of minutes shall be posted or made available for all employes and shall be sent to each committee member.
(6) Ensure that the reports, evaluations and recommendations of the committees become part of the minutes of the meeting which shall include:
(i) Inspection reports.
(ii) Reports on specific hazards and corrective measures taken.
(iii) Reports on workplace injuries or illnesses.
(iv) Management responses to committees reports.
(7) Set a reasonable time limit for the applicant-employer to respond in writing to all safety committees recommendations.
(8) Make decisions by majority vote.
§ 129.1006. Committee member training.
(a) The applicant-employer shall, itself or through its insurer, provide adequate, annual training programs for each committee member listed in the application.
(b) Annually required committee member training shall at a minimum address:
(1) Hazard detection and inspection.
(2) Accident and illness prevention and investigation (including substance abuse awareness and prevention training), safety committee structure and operation.
(3) Other health and safety concerns specific to the business of the applicant-employer.
(c) Prior to submitting an application to the Bureau and annually thereafter, all committee members shall receive training in the topics listed in subsection (b) from individuals who possess the qualifications of accident and illness prevention services providers as defined in Subchapter E (relating to accident and illness prevention services providers qualification standards) or who have been recognized by the Bureau as qualified trainers.
(d) Applicant employers are responsible for providing verification of trainer qualifications to the Bureau and supplying, as necessary, documentation supporting individual trainer qualifications.
(e) The applicant-employer shall maintain written records of safety committee training including:
(1) The names of committee members trained.
(2) The dates of training.
(3) The training time period.
(4) The training methodology.
(5) The names and credentials of personnel conducting the training.
(6) The names of training organizations sponsoring training, if applicable.
(7) The training location.
(8) The training topics.
(f) These training records shall be retained for 3 calendar years from the date the training was conducted.
§ 129.1007. Certification.
(a) If the Bureau determines that the applicant-employer's committees meets the requirements, it will send a letter of certification approval to the applicant-employer. Certification approval is granted to an applicant-employer who, by signing the acknowledgements and agreements page of the application agrees to continue to operate the workplace safety committee according to all requirements upon which initial certification is based. Committees may not be disbanded by the employer except for valid business reasons.
(b) The insured applicant-employer may submit a copy of the letter of certification approval to its insurer to receive an initial 5% reduction of its workers' compensation premium. The reduction will be effective upon the commencement of the policy renewal period next following the date of Bureau certification. An applicant-employer who is a member of a group self-insurance fund established to grant a 5% reduction in annual member contributions, shall submit a copy of the letter of certification to its fund administrator to receive the initial 5% contribution reduction. The reduction will be effective at the commencement of the next group self-insurance fund year following certification.
(c) The Bureau will notify the Pennsylvania Compensation Rating Bureau of approved insured applicant-employers.
(d) If an application is disapproved, the applicant-employer will receive a letter listing specific reasons for disapproval. The applicant-employer may resubmit a corrected application for reconsideration prior to the renewal of its workers' compensation policy, self-insurance renewal year, or group self-insurance fund year. The applicant-employer may challenge the disapproval determination under Subchapter G (relating to hearings).
§ 129.1008. Certification renewal affidavit.
(a) After initial certification, the applicant-employer may, using form LIBC-372R, ''Certification Renewal Affidavit of Workplace Safety Committee,'' apply to the Bureau for renewal of its initial safety committee certification. Affidavits will be generated by the Bureau and provided to eligible applicant-employers for submission. Affidavits shall be submitted to the Bureau between 90 and 15 calendar days prior to the annual renewal of a workers' compensation policy, self-insurance renewal year, or group self-insurance fund year. Certification may be renewed for a total of 4 remaining years after the initial certification.
(b) If an applicant-employer has established additional safety committees which have not previously been certified, an ''Application for Certification of Workplace Safety Committee'' shall be completed and approved before certification renewal can be granted. Certification renewal approval is granted to an applicant-employer who, by signing the acknowledgements and agreements page of the affidavit, attests that the certified workplace safety committee has continued to operate according to the requirements upon which initial certification approval was based. Committees will not be disbanded by the employer except for valid business reasons.
(c) If the Bureau determines that the applicant-employer has met certification renewal requirements, it will send a letter of certification renewal approval to the applicant-employer.
(d) An insured applicant-employer shall submit a copy of the letter of certification renewal to its insurer to receive a 5% premium reduction of its workers' compensation insurance premium at the next renewal premium period following the date of Bureau certification renewal. An applicant-employer who is a member of a group self-insurance fund established to grant a 5% reduction in annual member contributions, shall submit a copy of the letter of certification renewal approval to its fund administrator to receive the renewal 5% contribution reduction. The reduction will be effective at the commencement of the next group self-insurance fund year following certification renewal.
(e) The Bureau will notify the Pennsylvania Compensation Rating Bureau of all approved insured applicant-employers.
(f) If a renewal is disapproved, the applicant-employer will receive a letter listing specific reasons for disapproval. The applicant-employer may resubmit a corrected renewal affidavit for reconsideration prior to the renewal of its workers' compensation policy, self-insurance renewal year, or group self-insurance fund year. The applicant-employer may challenge the disapproval under Subchapter G (relating to hearings).
§ 129.1009. Information verification.
The Bureau reserves the right to verify the information submitted by application or affidavit including pertinent supporting documentation.
§ 129.1010. Recordkeeping requirements.
The applicant-employer shall maintain copies of the required documents of the functioning committee for at least 3 years.
§ 129.1011. Contesting final determinations.
A party wishing to contest a final disapproval or rejection determination shall do so under Subchapter G (relating to hearings).
Subchapter G. HEARINGS Sec.
129.1301. Purpose. 129.1302. Request for hearing. 129.1303. Hearing process. § 129.1301. Purpose.
This subchapter sets forth the process to be followed for hearings related to appeals of final determinations under this chapter.
§ 129.1302. Request for hearing.
(a) A party contesting a final determination shall file an original and two copies of a written request for a hearing to the Director within 30 calendar days of the date of the determination. The hearing request shall be made to the Bureau at the address listed on the determination.
(b) A proof of service indicating the date and form of service shall be provided to the Bureau at the time the request for hearing is filed.
§ 129.1303. Hearing process.
(a) The Director will assign requests for hearings to an impartial hearing officer who will schedule a de novo hearing. The hearing officer will provide notice to parties of the hearing date, time and place.
(b) The hearing will be conducted in a manner to provide the parties with an opportunity to be heard. The hearing officer will not be bound by strict rules of evidence.
(c) Testimony will be recorded and a full record kept of the proceeding.
(d) Following the close of the record, the hearing officer will issue a written final decision and order.
(e) Any party to the hearing aggrieved by a decision rendered under subsection (d), may within 30 days, appeal the decision to the Commonwealth Court. The hearing officer's determination will include a notification to the parties of their appeal rights.
(Editor's Note: Chapter 143 found at 34 Pa. Code pgs. 143-1 to 143-26, serial pgs. (200493) to (200516) and (235603) to (235604) is proposed to be deleted in its entirety.)
Chapter 143. (Reserved) § 143.1. (Reserved).
§ 143.2. (Reserved).
§§ 143.101--143.118. (Reserved).
§ 143.401. (Reserved).
§ 143.411--143.414. (Reserved).
§§ 143.451--143.458. (Reserved).
§ 143.701--143.703. (Reserved).
§ 143.1001--143.1009. (Reserved).
[Pa.B. Doc. No. 99-996. Filed for public inspection June 18, 1999, 9:00 a.m.]
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