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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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§339.5. Requirements for Certification and Recertification of Loss Control Consultation Services.

(a) Certification lasts for a period of one year, except as specified by section 339.2. To apply for certification or recertification, an insurer must submit a completed application and all supporting documentation as required by section 339.7.

(b) To qualify for certification and recertification the insurer shall demonstrate that:

(1) The insurer has developed and is prepared to implement an annual plan which meets the requirements of section 339.6; and

(2) The insurer has the capability to deliver effective loss control consultation services meeting the requirements of section 339.4. Such a demonstration shall include, but not be limited to, each of the following:

(A) Identification of each entity supplying loss control consultation personnel, if consultation services are to be provided by personnel other than employees of the insurer.

(B) A description of the categories, the number in each category, and the individual qualifications, including professional licenses and certification, of the personnel who will be providing loss control consultation services.

(C) A detailed description of the services to be provided by each of the personnel and the types of industrial activities and settings with which their services will be associated, together with an explanation of how these personnel are qualified to address these activities and settings.

(D) An estimate of:

1. The number of on-site consultations the insurer's loss control consultation personnel will provide for the coming certification year, specifying what portion will consist of consultations to targeted employers;

2. The average number of hours to be spent on each on site consultation, not including preparation and travel time; and

3. The number of workplace surveys not consisting of on-site consultation to be provided for the coming certification year, including the average amount of time to be spent per survey.

(c) To maintain certification, the insurer shall notify the Division of any substantial change in the information provided to obtain certification from the Division and shall cooperate with any audit or request for information by the Division to determine the effectiveness of the loss control consultation services provided by the insurer.

(d) The Division shall provide written notice to the insurer of any finding of deficiency related to the loss control consultation services audited by the Division, and any corrective actions deemed necessary to retention of the insurer's certification by the Division.

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 amendment of subsection (b) and (c) 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 (b)(1) transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

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