Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter A - PRELIMINARY PROVISIONS › Section 129.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
AIPPS
-Form LIBC-220E,
Annual
					 Report of Accident and Illness Prevention Program Status
, which
					 provides detailed information about a self-insured employer's prevention
					 program or prevention services being provided to employer members of a group
					 self-insurance fund.
AIPS
-Form LIBC-210I,
Insurer's
					 Annual Report of Accident and Illness Prevention Services
, which
					 provides detailed information about services being maintained or provided by a
					 workers' compensation insurer to its policyholders.
Accident analysis
-The review of injury and
					 illness records for the purpose of identifying trends, causal factors and
					 methods of preventing and reducing work-related accidents and illnesses.
Accident and illness prevention
					 services
-Services, within the context of the act, which include:
					 surveys, proposed corrective actions, training programs, consultations,
					 analyses of accident causes and industrial hygiene and industrial health
					 services.
Accident and illness prevention services
					 providers
-A person or persons providing accident and illness
					 prevention services for an insurer, individual self-insured employer or group
					 self-insurance fund who meets the requirements in §
										129.702 (relating to accident and
					 illness prevention services providers credentials and experience).
Act
-The Workers' Compensation Act
					 (77
					 P. S.§§
											1-1041.4 and
					 2501-2626).
Act 44
-The act of July 2, 1993 (P. L. 190,
					 No. 44).
Act 57
-The act of June 24, 1996 (P. L.
					 350, No. 57).
Adequate
-A Bureau of Workers' Compensation
					 final determination that the insurer, individual self-insured employer or group
					 self-insurance fund has fulfilled the program and service requirements as
					 stated in this chapter.
Affiliated company
-Employers which are
					 closely related through common ownership or control.
Applicant-employer
-An insured employer, an
					 individual self-insured employer or an employer member of a group
					 self-insurance fund having its own separate Federal Employer Identification
					 Number (FEIN) applying to the Bureau for certification or certification renewal
					 of its workplace safety committee.
Application
-Form LIBC-372,
Application for Certification of Workplace Safety Committee
,
					 used to apply for Department certification.
Audit
-An inspection of documentation or
					 other evidence relating to the adequacy of accident and illness prevention
					 services or programs as authorized by section 1001(c) of the act (77 P. S. §
											1038.1(c)).
Bureau
-The Bureau of Workers' Compensation
					 of the Department.
Centralized workplace safety committee
-A
					 safety committee comprised of personnel, both employer and employee
					 representatives, who are selected from and reasonably represent those job
					 functions located at all auxiliary or satellite employer locations, in addition
					 to the headquarter facilities (if the headquarters facility is located in this
					 Commonwealth) and which represents the health and safety concerns of all
					 personnel at those auxiliary or satellite locations.
Certification
-The Departmental approval of
					 an applicant-employer's application for certification of its workplace safety
					 committees.
Certification renewal
-Form LIBC-372R,
Certification Renewal Affidavit of Workplace Safety Committee
, used to attest to the continued operation, according to Departmental
					 requirements, of a previously certified workplace safety committee.
Commissioner
-The Insurance Commissioner of
					 the Commonwealth.
Consultation
-Providing advice relative to
					 existing and potential hazards.
Contracted accident and illness prevention services
					 providers
-A person or organization which meets the qualification
					 standards in §
										129.702 (relating to accident and
					 illness prevention services providers requirement) under contract with an
					 insurer, individual self-insured employer or group self-insurance fund for the
					 purpose of maintaining or providing accident and illness prevention services
					 and programs as required under the act.
Credential
-A designation in the health and
					 safety field recognized by the Department.
Department
-The Department of Labor and
					 Industry of the Commonwealth.
Director
-The Director of the
					 Bureau.
Effectiveness measures
-Any one of the
					 various statistical means used by an insurer, self-insured employer or group
					 self-insurance fund to evaluate the adequacy of accident and illness prevention
					 programs and services such as Occupational Health and Safety Administration
					 (OSHA)/United States Department of Labor Bureau of Labor Statistics (BLS)
					 incidence rate comparison, loss ratio or experience modification factor.
Emergency action plans
-Plans to be at
					 least annually reviewed by individual self-insured employers and which address
					 the need for immediate action to protect employees due to the occurrence of
					 life-threatening or endangering exposures. Examples of types of plans include:
					 building and site evacuation; hazardous material spill; and urgent employee
					 medical treatment.
Evaluation methods
-Periodic reviews of
					 accident and illness prevention services or programs to determine if actual
					 health and safety concerns, experience and exposures are being addressed, and
					 conducted at least annually.
Group self-insurance fund
-A group of
					 employers authorized by the Bureau to act as a self-insurance fund under
					 section 802 of the act (77 P. S. §
											1036.2).
Group self-insurance fund initial report of
					 accident and illness prevention services
-A report to be filed with the
					 Bureau when an application for group self-insurance fund status is submitted
					 which details accident and illness prevention services to be maintained for
					 member companies.
Hazard identification methods
-Methods used
					 to conduct hazard identification and for providing proposed corrective actions
					 for the purpose of eliminating or reducing occupational accidents, injuries and
					 illnesses. Activities may include: providing solutions; explanations;
					 resources; reference materials; and referrals.
Industrial health services
-Services that
					 include a consultation concerning the well-being of people in relation to their
					 job and working environment. This consultation may produce proposed corrective
					 actions aimed at identifying, controlling and preventing exposures as part of
					 the implementation of a program of accident and illness prevention
					 services.
Industrial hygiene services
-Services that
					 include consultation concerning suspected chemical, physical or biological
					 exposures. This consultation may produce proposed corrective actions designed
					 to control or prevent identified exposures and is directed toward implementing
					 a program of accident and illness prevention services.
In-service status
-The classification
					 granted to an accident and illness prevention services provider who does not
					 possess a Bureau-recognized credential under § 129.702.
Insurer
-An entity or group of affiliated
					 entities subject to The Insurance Company Law of 1921 (40 P. S.
					 §§
											341-477(d)),
					 including the State Workers' Insurance Fund, but not including self-insured
					 employers or runoff self-insurers, with which an employer has insured its
					 liability under section 305 of the act (77 P. S. §
											501).
Insurer's initial report of accident and illness
					 prevention services
-Form LIBC-211I,
Insurer's Initial Report
					 of Accident and Illness Prevention Services
, which shall be filed with
					 the Insurance Department when an insurer applies for a license to write
					 workers' compensation insurance in this Commonwealth which details accident and
					 illness prevention services to be maintained by or provided to
					 policyholders.
Loss run
-A report containing an employer's
					 incurred losses including the following information concerning an employee's
					 injury or illness: type; cause; medical cost; compensation paid; and moneys
					 reserved for claim payment.
Member
-An employer participating in a
					 group self-insurance fund.
Program coordinator
-An employee or
					 contracted individual selected by an individual self-insured employer or group
					 self-insurance fund to coordinate the accident and illness prevention
					 program.
Quorum
-A majority of permanent workplace
					 safety committee members.
Recommendations
-Findings included in an
					 audit report issued by the Bureau which must be satisfactorily implemented and
					 supported by written documentation in order to achieve a final determination of
					 adequate.
Renewal
-A new policy offered by an insurer
					 and accepted by an employer for the next annual anniversary date of the
					 applicant-employer's workers' compensation insurance policy after certification
					 of its workplace safety committee.
SWIF
-The State Workers' Insurance
					 Fund.
Self-insured employer
-An individual
					 self-insured employer who is authorized by the Department to self-insure its
					 workers' compensation liability under section 305 of the act, or a group of
					 employers authorized by the Department to act as a group self-insurance fund
					 under section 802 of the act.
Self-insured employer's initial report of accident
					 and illness prevention program
-A report to be filed with the Bureau
					 when an application for individual self-insurance is submitted which details
					 the accident and illness prevention program to be maintained by the
					 employer.
Suggestions
-Findings of an audit or report
					 evaluation issued by the Bureau which would improve accident and illness
					 prevention programs and services but are not mandatory to achieve a final
					 determination of adequate.
Survey
-A review of past accident records
					 or an onsite assessment, or both, to identify existing and potential hazards
					 and the initiation of further corrective actions, as appropriate.
Training program
-Training which enables
					 employers and employees to enhance knowledge, skills, attitudes and motivations
					 concerning health and safety issues, and requirements relating to operations,
					 processes, materials and specific work environments.
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.
Workplace safety committee
-A joint
					 employer and employee committee established at a workplace for the purpose of
					 hazard detection and accident and illness prevention activities.
Worksite
-A temporary location at which
					 full-time or permanent part-time workers perform their job duties for a limited
					 period of time.