Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter B - INSURER'S ACCIDENT AND ILLNESS PREVENTION SERVICES › Section 129.102 - Accident and illness prevention service requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The Bureau will annually evaluate the following required
					 accident and illness prevention services components for adequacy:
(1)
Notice of availability of
				  services
. Notice that services required by this subchapter are
				  available to the policyholder from an insurer shall appear in at least 10 point
				  bold type and shall accompany each workers' compensation insurance policy
				  delivered or issued for delivery in this Commonwealth. The notice shall include
				  information about the 5% premium discount available to employers who form a
				  certified workplace safety committee as described in this chapter. The required
				  elements of the notice include the name, address and telephone number of the
				  contact person or department for additional information about the
				  services.
(2)
Requirements
				  to maintain accident and illness prevention services
. An insurer shall
				  have the capacity to provide services that are adequate to furnish accident and
				  illness prevention required by the nature of the insurer's business or its
				  policyholders' operations. Capacity to provide services is defined as an
				  insurer having established means to deliver services such as those listed in
				  paragraph (3) based upon anticipated policyholder requests for services or
				  based upon an insurer's evaluation of policyholder requirements. Capacity to
				  provide services shall be established by an insurer utilizing its own or
				  contracted staff who shall meet the requirements established by the Department
				  as outlined in Subchapter E (relating to accident and illness prevention
				  services providers requirements).
(3)
Requirements to provide accident
				  and illness prevention services
.
(i)
				  An insurer shall provide accident and illness prevention services to
				  policyholders who request them or based on the insurer's determination of the
				  policyholders' operational requirements. Services shall be provided through an
				  insurer's own or contracted staff who meet the requirements established by the
				  Department in Subchapter E.
(ii)
				  Services include the following:
(A) Surveys to
				  identify existing or potential accident and illness hazards or safety program
				  deficiencies. Surveys may, for example, be in the form of an underwriting risk
				  analysis or an onsite review. If the insurer determines through a survey and
				  analysis of survey results that the hazards or deficiencies are present, it
				  shall propose corrective actions to the policyholder concerning the abatement
				  of hazards or program deficiencies identified in the surveys. If one or more
				  imminent danger situations are identified, the insurer shall inquire as to the
				  corrective actions a policyholder has taken and propose further corrective
				  actions if necessary.
(B) Providing
				  or proposing corrective actions in the area of industrial hygiene services as
				  requested by the policyholder or as determined by the insurer to meet the
				  policyholders' operational requirements, for example, air quality
				  testing.
(C) Providing or proposing
				  corrective actions in the area of industrial health services as requested by
				  the policyholder or as determined by the insurer to meet the policyholders'
				  operational requirements, for example, health screenings or substance abuse
				  awareness and prevention training policies and programs.
(D) Accident and illness prevention training
				  programs which may include training for safety committee members as outlined
				  under Subchapter F (relating to workplace safety committees).
(E) Consultations regarding specific safety
				  and health problems and hazard abatement programs and techniques related to the
				  introduction of new equipment or new materials.