California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › 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 › Section 339.3 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.
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).
Note: Authority cited: Sections
						  54 and
						  55, Labor Code;
						  and section
						  11721,
						  Insurance Code. Reference: Section
						  11721,
						  Insurance Code.