Chapter 8. Office of the Director
Subchapter 2. Administration of Self-Insurance Plans
Article 13. Group Self Insurance

§15486.1. Group Self Insurer Injury and Illness Prevention Program.

(a) As part of the application process, a group self insurer applicant for a Certificate of Consent to Self Insure shall provide one of the following:

(1) A written independent evaluation of each core applicant employer's injury and illness prevention program as set forth in Labor Code Section 6401.7. The evaluation shall be completed by an independent, licensed, California Professional Engineer, a Certified Safety Professional certified by the Board of Certified Safety Professionals, and/or a Certified Industrial Hygienist. The evaluation preparer shall disclose to the Manager in the evaluation report if any of the following are true:

(A) The preparer or the preparer's firm has had any business dealings with the applicant group self insurer, any of the applicant members being evaluated, or any applicant member's owner over the two years preceding the evaluation;

(B) The preparer is or has been employed by the present or prior insurance carrier or insurance broker of any applicant member being evaluated at any time during the five years preceding the evaluation; or

(C) The preparer or preparer's firm has been employed by the applicant or its parent in a safety and health or accident prevention capacity at any time during the two years preceding the evaluation.

(2) A copy of a written report of inspection and evaluation of the core applicant employer's injury and illness prevention program conducted by the Division of Occupational Safety and Health (DOSH) pursuant to Labor Code Sections 6314.5. The Division of Occupational Safety and Health inspection shall have been conducted within 120 days of the date of the application to become self insured.

(b) An evaluation report conducted pursuant to subsection (a) that shows the applicant member for a Certificate of Consent to Self Insure to be without an effective injury and illness prevention program shall be good cause for denial of the group member application for self insurance without prejudice to reapplication at a later date when the employer has submitted an evaluation report showing the applicant member to have an effective injury and illness prevention program.

(c) The applicant core group member must abate all serious violations found in any report prepared as provided by this section. Written verification of abatement must be provided to the Office of Self Insurance Plans by the report preparer to document such abatement. Failure to document abatement of any serious violations shall be good cause for denial of the application.

(d) Each private group self insurer shall institute an effective injury and illness prevention program among its membership. Each new and existing member of the group self insurer shall adopt and maintain an effective injury and illness prevention program.

(e) The Board of Trustees shall direct the Group Administrator to ensure ongoing risk control and safety support to group members. Ongoing risk control and safety support shall be under the general direction of a California Professional Engineer, a Certified Safety Professional, and/or a Certified Industrial Hygienist. The California Professional Engineer, Certified Safety Professional, or Certified Industrial Hygienist shall report the impact of safety and risk control activities to the Board of Trustees no less frequently than annually, and shall solicit continuing support and direction from the Board of Trustees.

   Note: Authority cited: Sections 54, 55 and 3702.10, Labor Code. Reference: Sections 59, 3700, 3702, 3702.10, 6314.5, 6319 and 6401.7, Labor Code.

 HISTORY 

    1. New section filed 3-2-2009; operative 3-2-2009 pursuant to  GovernmentCode section 11343.4 (Register 2009, No. 10).