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Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 1. Regulations of the Director of Industrial Relations

Article 6. Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan--Requirements and Procedures

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§339.3. Definitions.

(a) "Annual Plan" means the insurer's annual health and safety loss control plan.

(b) "Budget" means a description of anticipated expenditures to be incurred in providing loss control consultation services to targeted employers as described by the insurer's annual plan, including the amount of funds allocated, the categories of services to be funded, and the amount of funding budgeted for each category.

(c) "Director" means the Director of the Department of Industrial Relations or an authorized representative.

(d) "Division" means the Division of Occupational Safety and Health.

(e) "Employer" means any insured.

(f) "Insured" means any person or entity other than a person or entity which has received a certificate of consent to self-insure pursuant to Labor Code Section 3700(b), which has secured workers' compensation insurance from an insurer.

(g) "Insurer" means any entity licensed by the California Department of Insurance to write workers' compensation insurance coverage.

(h) "Loss control" means reduction of exposure to workers' compensation losses and control of significant preventable health and safety hazards to workers.

(i) "Loss control consultation services" means assistance in recognizing, evaluating, and controlling significant preventable health and safety hazards and other potential sources of workers' compensation losses. Loss control consultation services consist of services provided by an insurer only to those employers to which the insurer has extended workers' compensation coverage.

(j) "On site consultation" means observation of an insured's work operations to determine the existence of significant preventable health and safety hazards, including, where appropriate, monitoring of hazardous physical, chemical, and biological agents.

(k) "Significant preventable health and safety hazards" means those hazards which are capable of being controlled by the employer and which have the potential to substantially affect the frequency and severity of workplace injuries and illnesses and workers' compensation losses.

(l) "Targeted employer" means an employer selected by the insurer to receive loss control consultation services, based on the criteria set forth in section 339.11. This term does not include any part of the employer's operations which is outside of California.

NOTE: Where the employer has more than one worksite, "targeted employer" means only those worksites selected by the insurer to receive loss control consultation services based on the criteria set forth in section 339.11

(m) "Workers' compensation insurance" means only that workers' compensation insurance provided under the laws and regulations of the State of California. This term does not include excess reinsurance or any form of homeowner's insurance.

(n) "Workplace survey" means an evaluation of an insured's work operations which can consist of a comprehensive on-site consultation or any other procedure which effectively identifies significant preventable health and safety hazards to workers.

NOTE: Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.

HISTORY

1. New section filed 1-10-94 as an emergency; operative 1-10-94 (Register 94, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-94 or emergency language will be repealed by operation of law on the following day.

2. New section refiled with amendments 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 4-26-94 order including amendment of subsection (l) transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

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