WSC Regulatory Requirements Bureau of Workers’ Compensation

WSC Regulatory Requirements Bureau of Workers’ Compensation PA Training for Health & Safety (PATHS) PA Workplace Safety Committee Certification Program Health and Safety Division PA Bureau of Workers’ Compensation PPT-120-01 1

Agenda PA WSC Program & Certification Requirements Review/Audit Process Provider Qualifications Agenda HandS – Electronic Filing Resources PPT-120-01 2

PA Certified Safety Committee Program 1993 Workers’ Compensation Act Amended Established a 5% Policy Premium Discount for creating and Certifying a Workplace Safety Committee 1996 Amended to provide 5 premium discount periods 2002 Amended to allow unlimited discount periods* * Assuming that all mandated compliance requirements have been maintained PPT-120-01 3

What are the benefits? Reduction in the number of incidents PCRB - 24% – 28% lower claims cost Improve employee moral Reduce EMR - Reduce direct cost Reduce indirect (hidden) cost – Retain experienced/skilled employees PPT-120-01 4

PA Certified Safety Committee Program How BIG is the Pennsylvania Workplace Safety Committee Program? Over 11,000 initially certified Workplace Safety Committees Covers over 1,442,900 Pennsylvania employees PPT-120-01 5

PA Certified Safety Committee Program Employer cumulative total premium savings Over 578,899,250 Reflects 5% premium savings PPT-120-01 6

PA Certified Safety Committee Program PA Workers’ Comp Act Article X Health and Safety Regulation Mandates PPT-120-01 7

Chapter 129 Subchapter F § § § § § § § § § § § 129.1001 129.1002 129.1003 129.1004 129.1005 129.1006 129.1007 129.1008 129.1009 129.1010 129.1011 Purpose Application for initial certification Minimum eligibility requirements Committee formation and membership Committee responsibilities Committee member training Certification Committee renewal Information verification Record keeping requirements Contesting final determinations PPT-120-01 8

§ 129.1001 - Purpose Subchapter F sets forth the certification criteria for operation of workplace safety committees (WSC) 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 WSC’s for its workplaces within this Commonwealth PPT-120-01 9

§ 129.1002 - Application for Initial Certification a) An application shall be filed for each legal entity of the applicant-employer b) Each application shall incorporate all of the applicable applicant workplaces within this Commonwealth c) Initial applications shall be submitted to the Bureau between 90 and 30 calendar days prior to the renewal of a WC policy, self-insurance renewal year or a group self-insurance fund year PPT-120-01 10

§ 129.1003 – Minimum Eligibility Requirements a) Applicant-employer’s committees shall be located within this Commonwealth b) Pre-Certification Period Be in existence and operating according to the regulatory requirements for six (6) full consecutive months prior to signing, dating, and submitting application All committee mandates apply during the 6 month pre-certification period PPT-120-01 11

§ 129.1003 – Minimum Eligibility Requirements c) Reasonably represent all primary operations of the workplace d) Minimum committee membership: Two (2) employer-representatives Two (2) employee-representatives In no case will the number of employer representatives exceed the number of employee representatives PPT-120-01 12

§ 129.1003 – Minimum Eligibility Requirements e) Employer – Authority to do one or more of the following: Select or hire an employee Remove or terminate an employee Direct the manner of employee performance Control the employee f) Employee – Does not possess any authority or responsibility described for the Employer g) A person cannot function as both PPT-120-01 13

§ 129.1004 – Committee Formation & Membership (a) (b) Committee Formation Single - One workplace, one committee Centralized – More than one workplace One “Centralized” committee with representation for each outlying workplace location Multiple - More than one workplace The number of committees is exactly equal to the number of PA workplaces PPT-120-01 14

§ 129.1004 – Committee Formation & Membership c) Committee shall be composed of at least an equal number of employee and employer representatives unless mutually agreed upon by both parties. The number of employer representatives will not exceed the number of employee representatives. When a majority of employer representatives exist; Provide written explanation to the Bureau Explanation signed by one employee and one employer representative PPT-120-01 15

§ 129.1004 – Committee Formation & Membership d) Establish procedures that retain a core group of experienced members at all times e) Employee reps shall: 1. Be permitted to take reasonable time from work to perform committee duties without loss of pay or benefits 2. Join the committee for a continuous term of 1 year. Records of committee rotation shall be maintained by the applicant–employer for 5 years from date of Bureau’s receipt of application PPT-120-01 16

§ 129.1005 – Committee Responsibilities a) Responsibilities include: 1) Represent accident and illness prevention concerns of employees at every applicantemployer workplace Definitions Workplace – A permanent location in this Commonwealth of the applicant employer at which full-time or permanent part-time workers perform their job duties or from which job assignments are made and administrative controls are exercised Worksite - A temporary location at which full-time or permanent part-time workers perform their job duties for a limited period of time PPT-120-01 17

§ 129.1005 – Committee Responsibilities a) Responsibilities (continued): 2) Review employers hazard detection and accident & illness prevention programs and formulate written proposals 3) Establish procedures for periodic workplace inspections *Document inspections in writing with locations and identity of hazards *Make proposals for corrective action 4) Conduct reviews of work related incidents resulting in deaths, injuries and illnesses, and health and safety concerns from committee members and employees PPT-120-01 18

§ 129.1005 – Committee Responsibilities a) Responsibilities (continued): 5) Conduct follow-up evaluations of newly implemented health and safety equipment or health and safety procedures to assess their effectiveness 6) Establish a system to allow the committee members to obtain safety related proposals, reports of hazards, or other information directly from persons involved in the operation of the workplace Suggestion Box Email b) A quorum of committee member shall meet a least monthly PPT-120-01 19

§ 129.1005 – Committee Responsibilities (c) The committee shall additionally: (1) Develop operating procedures (rules, by-laws) (2) Develop and maintain membership lists (3) Develop an agenda for each meeting (4) Maintain meeting attendance lists (5) Take and maintain minutes for each meeting Post or make minutes available for all employees Send to each committee member PPT-120-01 20

§ 129.1005 – Committee Responsibilities c) The committee shall additionally: (cont’d) 6) Ensure that the reports, evaluations, and proposals of the committees become part of the minutes of the meeting and 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 committee reports 7) Make decisions by majority vote PPT-120-01 21

§ 129.1006 – Committee Member Training a) The employer shall, through 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 (includes substance abuse awareness and prevention training) 3) Safety committee structure and operation 4) Other health and concerns specific to the business of the employer PPT-120-01 22

§ 129.1006 – Committee Member Training c) All committee members shall receive training in topics listed in subsection (b) prior to submitting an application and annually thereafter. Committee members shall be trained by individuals who: Meet Bureau accident and illness prevention service provider qualifications or. Who have been recognized by the Bureau as qualified trainers d) Employers are responsible for providing verification of trainer qualifications to the Bureau and if necessary, supporting documentation PPT-120-01 23

§ 129.1006 – Committee Member Training e) Employer shall maintain written records of safety committee training including: 1) 2) 3) 4) 5) Names of committee members trained Dates of training Training time period Training methodology Names & credentials of personnel conducting the training 6) Names of training organizations sponsoring training, if applicable 7) Training location 8) Training topics PPT-120-01 24

§ 129.1007 – Certification a) If all requirements have been met, a certification approval letter will be sent to the employer. By signing acknowledgements and agreements page of application, employer agrees to operate safety committee according to initial certification requirements Employer may not disband committee except for valid business reasons PPT-120-01 25

§ 129.1007 – Certification b) The insured applicant employer submits a copy of the letter of certification to its insurer to receive the 5% reduction of its WC premium Reduction effective upon the commencement of the policy renewal period following the date of the Bureau certification c) The Bureau notifies the PCRB of all approved insured applicant-employers PPT-120-01 26

§ 129.1007 – Certification d) If application is disapproved, employer will receive written notification listing the specific disapproval reasons. Employer may resubmit a corrected application for reconsideration prior to the renewal of its WC policy The employer may challenge the disapproval determination under Subchapter G relating to hearings PPT-120-01 27

§ 129.1008 – Certification Renewal Note: The renewal affidavit is no longer in use a) Electronic and hard copy renewals shall be submitted between 90 and 15 calendar days prior to the annual renewal of the WC policy b) If applicant-employer has established additional safety committees not previously certified, application shall be completed before certification renewal may be granted. Note: applies to multiple committee structure only! PPT-120-01 28

§ 129.1008 – Certification Renewal c) If Bureau determines employer has met certification requirements, a letter of certification renewal will be sent to the employer. d) The insured applicant employer submits a copy of the letter of certification to its insurer to receive the 5% reduction of its WC premium e) The Bureau notifies the PCRB of all approved insured applicant-employers PPT-120-01 29

§ 129.1008 – Certification Renewal f) If renewal application is disapproved, employer will receive written notification listing the specific disapproval reasons. Employer may resubmit a corrected application for reconsideration prior to the renewal of its WC policy The employer may challenge the disapproval determination under Subchapter G relating to hearings PPT-120-01 30

§ 129.1011 – Contesting Final Determinations An applicant-employer may contest a final application determination under Subchapter G (relating to hearings) PPT-120-01 31

Subchapter G. Hearings § 129.1302 Request for a hearing a) Written request to BWC Director within 30 days of the date of determination § 129.1303 Hearing process PPT-120-01 32

Frequently Asked Questions “Is there a filing deadline grace period ? “ NO!! Recommend reminders such as: MS Outlook Tickler File Calendar PPT-120-01 33

Frequently Asked Questions “ Can the required annual training count as a monthly meeting?” YES!! As long as you provide: An agenda Document attendance Training is documented in the meeting minutes PPT-120-01 34

Additional FAQ’s www.dli.state.pa.us At the center of the Page click “Workers’ Compensation” On the left hand blue bar click “Health & Safety Division” On the left hand blue bar click “HandS System” At the center of the page click “Workplace Safety Committee Certification Program FAQs” PPT-120-01 35

Audit Overview Purpose: To ensure committees receiving the 5% safety credit from their insurers are meeting all compliance requirements Random / Target Audits 30 day notification Opening conference Table top “On-site” audit Information verification Closing conference Issue Compliance / Non-compliance Rating Non-Compliance issues explained PPT-120-01 36

Audit & Recordkeeping § 129.1009 - Information Verification (audit) Bureau may verify information submitted by the applicant including pertinent supporting information § 129.1010 - Recordkeeping requirements Copies of required documents relating to committee member responsibilities and committee member training shall be retained for 5 years PPT-120-01 37

Provider Qualifications www.dli.state.pa.us WC icon PPT-120-01 38

Provider Qualifications * Click on “Health & Safety Division” * Click on “Accident & Illness Provider Qualifications” PPT-120-01 39

Provider Qualifications Subchapter B Insurer’s Accident & Illness Prevention Services 129.102 (ii) (D) Service Requirements Accident and illness prevention training programs which may include training for safety committee members as outlined under Subchapter F (relating to workplace safety committees) PPT-120-01 40

Provider Qualifications Subchapter B Insurer’s Accident & Illness Prevention Services 129.104 Insurers accident and illness prevention services providers requirements a) Accident and illness prevention services providers employed by or contracted with an insurer to perform accident and illness prevention services shall meet the requirements specified in Subchapter E (relating to accident and illness prevention services providers requirements) b) The Bureau may require that the insurer provide documentation or evidence to support that the requirements for accident and illness prevention services providers have been met by each individual providing services PPT-120-01 41

Provider Qualifications Subchapter E Accident & Illness Prevention Services Providers Requirements 129.702 (a) Requirement to employ or contract individuals who meet the requirements to provide accident and illness prevention services (b) Requirement to supply annual proof of credential PPT-120-01 42

Provider Qualifications 129.1006 Committee member training e) The applicant employer shall maintain written records of safety committee training including: 5) The names and credentials of personnel conduction the training PPT-120-01 43

HandS Health and Safety Division’s online processing system PPT-120-01 44

How will I benefit by using HandS? Convenient and user friendly Eliminates mailing delays associated with paper forms Enables employers to file initial and renewal Certification forms electronically Allows for the electronic exchange of information which results in: Quicker determinations Higher approval rates PPT-120-01 45

HandS How do I get started? PPT-120-01 46

HandS Go to directly there www.dli.state.pa.us/hands or www.dli.state.pa.us & Click “Workers’ Compensation” PPT-120-01 47

HandS Click “Health & Safety Division” Then Click on “HandS System” PPT-120-01 48

HandS Click “Login to HandS” Direct link to this page is: www.dli.state.pa.us/hands PPT-120-01 49

Log in or Create a User Profile Login with an existing Profile OR Click “Create a user profile in HandS” PPT-120-01 50

HandS Click “save” PPT-120-01 51

HandS Select “Yes” Click “save” Acknowledgement that account has been created. Click “Login” PPT-120-01 52

Initial Application You have two choices. 1. Log out now and log on later to continue or 2. Continue now, and Select “Begin an initial application” PPT-120-01 53

Notification Log onto your account periodically if you selected to be notified electronically. Once your application is approved, your letter to present to your insurance carrier will be mailed along with your certificate. Notification !! PPT-120-01 54

Technical Assistance Manual www.dli.state.pa.us Click on “Workers’ Compensation” icon Click on “Health & Safety Division Click on “HandS” System Click on “Workplace Safety Committee Technical Assistance Manual” PPT-120-01 55

Technical Assistance Manual Section 1 Overview of WSC Section 2 How to Develop a WSC Section 3 How to apply using HandS Section 4 Reference Materials / Templates PPT-120-01 56

PATHS To Access PATHS www.dli.state.pa.us/PATHS or www.dli.state.pa.us “Workers Compensation” icon Health & Safety Division PATHS PPT-120-01 57

PATHS At the PATHS Website you can: View Health & Safety Training PowerPoint briefings. Access Safety Talks (Toolbox Talks) Access Safety Posters Access Safety Videos Access Safety Forms Register to participate in webinars and training sessions View 15-20 minute recorded webinars PPT-120-01 58

Resources Go to: www.dli.state.pa.us At center of Page click “Workers’ Compensation” On left hand blue bar click “Health & Safety Division” Health & Safety contact information Certification process overview “HandS” online filing information Safety Committee Technical Assistance Manual FAQs Training Calendar PPT-120-01 59

Contact Information Health & Safety Training Specialists 1171 South Cameron Street, Room 324 Harrisburg, PA 17104-2501 (717) 772-1635 [email protected] Like us on Facebook! https://www.facebook.com/BWCPATHS PPT-120-01 60

Questions? PPT-120-01 61