California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 4.5 - Division of Workers' Compensation › Subchapter 1.8 - Collective Bargaining Agreements Under Labor Code Sections 3201.5 and 3201.7 › Section 10201 - Procedure for Determining Eligibility Under Labor Code Section 3201.5

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Every employer
				  and union proposing to establish any program permitted by Labor Code section
				  3201.5 shall
				  jointly request the Administrative Director to determine eligibility, as
				  follows:
(1) Employers shall submit the
				  following documents:
(A) Upon its original
				  application and whenever it is renegotiated thereafter, a copy of the
				  underlying collective bargaining agreement and the approximate number of
				  employees who will be covered thereby. The collective bargaining agreement
				  shall be complete, including side letters and all appendices and other
				  documents referred to in the agreement that relate to the program permitted by
				  Labor Code section
				  3201.5,
				  including but not limited to trust agreements and agreements concerning
				  providers. If the application is on behalf of a group of employers, the
				  application shall clearly define the group and shall state whether all the
				  members of the group are bound by the 3201.5 provision, or whether each member
				  must individually agree to be bound.
(B) Upon its original application and
				  annually thereafter, evidence of a valid and active license where that license
				  is required by law as a condition of doing business in the state within the
				  industries set forth in subdivision (a) of Section
				  3201.5.
(C) Upon its original application and
				  annually thereafter, a statement signed under penalty of perjury, that no
				  action has been taken by any administrative agency or court of the United
				  States to invalidate the collective bargaining agreement.
(D) Upon its original application and
				  annually thereafter, the name, address, and telephone number of the contact
				  person of the employer.
(E) Upon
				  its original application and annually thereafter, evidence that the employer is
				  actually engaged in construction, construction maintenance, or activities
				  limited to rock, sand, gravel, cement and asphalt operations, heavy-duty
				  mechanics, surveying, or construction inspection in California, or has a plan
				  for immediate engagement in one of those businesses.
(F) Upon its original application and
				  annually thereafter, evidence that the employer:
(i) is developing or projecting an annual
				  workers' compensation insurance premium, in California, of two hundred fifty
				  thousand dollars ($250,000) or more, or has paid an annual workers'
				  compensation insurance premium, in California, of two hundred fifty thousand
				  dollars ($250,000) in at least one of the previous three years; or
(ii) is a group of employers engaged in a
				  workers' compensation safety group complying with Sections
				  11656.6 and
				  11656.7 of
				  the Insurance Code, and established pursuant to a joint labor management safety
				  committee or committees, which develops or projects annual workers'
				  compensation insurance premiums of two million dollars ($2,000,000) or more;
				  or
(iii) is an employer or group of
				  employers that is self-insured in compliance with Section
				  3700 that has
				  projected annual workers' compensation costs that meet the requirements of, and
				  that meet the other requirements of, paragraph (i) in the case of employers, or
				  paragraph (ii) in the case of groups of employers; or
(iv) is an employer, who is properly
				  signatory to a project agreement, and is covered by an owner or general
				  contractor provided wrap-up insurance policy applicable to a single
				  construction site that develops workers' compensation insurance premiums of two
				  million dollars ($2,000,000) or more with respect to those employees covered by
				  that wrap-up insurance policy.
Every member of a group of employers must maintain
					 separately administered workers' compensation insurance or a self-insurance
					 program distinct from all other types of insurance. Every member must maintain
					 this insurance or self-insurance in one of the ways enumerated in Labor Code
					 section 3700; but it is not necessary that
					 all members maintain insurance or a self-insurance program in the same way.
					 Every member must meet one of the minimum premium or cost requirements listed
					 in paragraphs (i) through (iv) above.
(G) Upon its original application and
				  annually thereafter a statement that it is able and willing to supply the data
				  required by Labor Code section
				  3201.5(i).
(H) If the application is on behalf of a
				  group of employers, evidence that:
(i)
				  membership in the group is limited to employers that meet all the criteria of
				  Labor Code section
				  3201.5 and
				  these regulations;
(ii) the group
				  shall, on behalf of its individual members, provide the data required by Labor
				  Code section
				  3201.5(i);
(iii) the group shall maintain records of its
				  membership satisfactory to the Administrative Director for the purpose of
				  readily ascertaining the facts required by Section
				  10201(e)(3).
				  Membership records shall include evidence of security for the payment of
				  compensation for each member, including the insurance policy number, or a copy
				  of the certificate of self-insurance issued pursuant to Labor Code section
				  3700.
				  Membership records shall also include the approximate number of employees for
				  each individual member of the group who is bound by the collective bargaining
				  agreement. Copies of membership records shall be delivered to the
				  Administrative Director on request.