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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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§339.4. Provision of Loss Control Consultation Services.

(a) Every insurer issuing or maintaining a workers' compensation insurance policy covering an employer's current or future operations shall maintain or provide loss control consultation services certified by the Division in accordance with this Article.

NOTE: Insurers may elect to provide all or part of their loss control consultation services through another entity, e.g., consultants, insurance groups or health care organizations, to the extent that the services to be provided meet the requirements of this section. However, such an election shall not alter the insurer's responsibility to maintain certification and to direct and control the provision of all loss control consultation services required by this Article.

(b) At the time the insurance policy is issued, and annually thereafter, the insurer shall provide to each of its insureds a written description of the insurer's loss control consultation services, including a notice stating that the services are available at no additional charge to the insured. The following statement shall be included with the notice: "Workers' compensation insurance policyholders may register comments about the insurer's loss control consultation services by writing to: State of California, Department of Industrial Relations, Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, CA 94142."

(c) The insurer shall not charge the employer any fee in addition to the insurance premium for the provision of loss control consultation services.

(d) Targeted Employers.

(1) The insurer shall provide loss control consultation services to all targeted employers, which, at a minimum, shall include the following:

(A) Effective evaluation of the employer's operations, including:

1. Comprehensive on-site consultation for each targeted employer identified by the insurer's annual plan;

2. Discussions with management and, with permission of the employer, non-management personnel; and

3. Review with appropriate personnel of relevant records, including, but not limited to, the employer's log and summary of injuries and illnesses maintained pursuant to section 14301 and the employer's section 3203 injury and illness prevention program;

(B) Identification of the factors most related to the losses experienced by the employer, including:

1. First aid and other emergency or post-injury response procedures;

2. Workplace health and safety hazards;

3. Management policy and practices related to loss control;

4. The effectiveness with which company loss control policy is communicated among management personnel and between management and non-management personnel;

5. The effectiveness of training;

6. The extent and nature of worker participation in health and safety promotion efforts;

7. The adequacy of recordkeeping; and

8. The adequacy of the employer's section 3203 injury and illness prevention program.

(C) Formulation of recommended loss control measures, including specification of those critical to reduction of the employer's losses or potential for losses;

(D) A written report detailing the consultation provided, the findings of the consultation, and all loss control measures formulated pursuant to subsection (d)(1)(C); and

(E) Ongoing evaluation of the targeted employer to determine the impact of the consultation on the employer's loss control experience.

(2) The insurer shall maintain records of all loss control consultation services provided to targeted employers for 4 years and shall make those records available to the Division upon request.

(e) Non-targeted Employers. Loss control consultation services available upon request to non-targeted employers shall, at a minimum, include the following:

(1) A workplace survey, including discussions with management, and, where appropriate, nonmanagement personnel with permission of the employer;

(2) Review of injury records with appropriate personnel; and

(3) Development of a plan to improve the employer's health and safety loss control experience, which shall include, where appropriate, modifications to the employer's section 3203 injury and illness prevention program.

EXCEPTION: An insurer may, but is not required, to provide loss control consultation services to any insured whose place of employment does not pose significant preventable health and safety hazards to workers. Criteria for determining that a place of employment does not pose significant preventable health and safety hazards must be clearly identified in the annual plan.

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 4-1-94 (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 subsections (a), (b), and (d) 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 transmitted to OAL and filed 10-6-94 (Register 94, No. 40).

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