reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter D - GROUP SELF-INSURANCE FUND'S ACCIDENT AND ILLNESS PREVENTION PROGRAMS › Section 129.458 - Recordkeeping requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Group
				  self-insurance funds shall maintain records of accident and illness prevention
				  programs or services for each member for the most complete current fiscal year
				  and 2 preceding consecutive fiscal years which include:
(1) The dates of requests for
				  services.
(2) The services
				  requested or problems presented.
(3) The dates of the group self-insurance
				  fund's responses.
(4) The dates on
				  which services were provided and member responses to proposed corrective
				  actions.
(5) The number of hours
				  expended providing services including both onsite and preparatory
				  time.
(6) The final disposition of
				  requests.
(7) The number of service
				  visits.
(8) Other service reports
				  including proposed corrective actions.
(9) The results of industrial hygiene and
				  industrial health surveys and consultations.
(10) Accident and illness prevention training
				  conducted.
(11) Safety-related
				  materials provided.
(12) Member
				  responses to group self-insurance fund proposed corrective actions.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter D - GROUP SELF-INSURANCE FUND'S ACCIDENT AND ILLNESS PREVENTION PROGRAMS › Section 129.459 - Periodic audits of group self-insurance fund's accident and illness prevention program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Bureau
				  may audit a group self-insurance fund's accident and illness prevention program
				  at least once every 2 years.
(b)
				  The Bureau may audit a group self-insurance fund's accident and illness
				  prevention program if the group self-insurance fund fails to file an AIPPS
				  report by specified time frames or meet the requirements of this
				  subchapter.
(c) A combined audit
				  may be conducted for affiliated companies of a group self-insurance fund if the
				  same facilities, accident and illness prevention program, and accident and
				  illness prevention services are used by each of the companies.
(d) The notice of the audit will include the
				  reasons for audit.
(e) At least
				  60-calendar days prior to an audit, the Bureau will notify the group
				  self-insurance fund administrator in writing of the date on which the audit
				  will occur.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter D - GROUP SELF-INSURANCE FUND'S ACCIDENT AND ILLNESS PREVENTION PROGRAMS › Section 129.460 - Preaudit exchange of information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At least 45-calendar days prior to the
				  audit, the group self-insurance fund administrator shall provide the Bureau
				  with:
(1) If not already submitted, a
				  completed annual AIPPS report as prescribed by the Bureau for the most recently
				  completed fiscal year and, if requested, the AIPPS reports for 2 preceding
				  consecutive fiscal years including those of its affiliated companies, if
				  applicable.
(2) A list of the group
				  self-insurance fund members, including the company name, address, telephone
				  number and contact person.
(3) The
				  types of accident and illness prevention program services provided to selected
				  group self-insurance fund members during the last completed group
				  self-insurance fund fiscal year.
(4) The name, address, business telephone
				  number, credentials, experience and status (whether employed or contracted) of
				  each person acting as an accident and illness prevention services provider for
				  the group self-insurance fund.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter D - GROUP SELF-INSURANCE FUND'S ACCIDENT AND ILLNESS PREVENTION PROGRAMS › Section 129.461 - Site of audit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The audit of
				  the group self-insurance fund's accident and illness prevention program will
				  take place at the group self-insurance fund administrator's main office in this
				  Commonwealth unless otherwise agreed by the Bureau and the group self-insurance
				  fund administrator. If the group self-insurance fund has no office in this
				  Commonwealth, the audit will take place at the Bureau's headquarters.
(b) At the site where the audit will occur,
				  the group self-insurance fund shall provide the documentation required by
				  §
										129.458 (relating to recordkeeping
				  requirements) and any other documentation chosen by the group self-insurance
				  fund supporting the existence and adequacy of required program
				  elements.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter D - GROUP SELF-INSURANCE FUND'S ACCIDENT AND ILLNESS PREVENTION PROGRAMS › Section 129.462 - Written report of audit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
				  the conclusion of the audit, the Bureau will issue a written report containing
				  its findings. The report will indicate whether the Bureau has issued a final
				  determination of adequate or an initial determination of inadequate with regard
				  to a group self-insurance fund's accident and illness prevention
				  program.
(b) The Bureau will notify
				  the group self-insurance fund administrator of a final determination of
				  adequate.
(c) The Bureau will
				  provide written notification to the group self-insurance fund administrator of
				  specific deficiencies and recommendations for corrective action if it assigns
				  an initial determination of inadequate. Within 60-calendar days from the date
				  of the audit report, the group self-insurance fund shall provide written
				  documentation that it has complied with the Bureau's recommendations. If the
				  group self-insurance fund believes that it will take more than 60 days to
				  implement the recommendations, it shall file a plan of correction in accordance
				  with §
										129.463 (relating to plan of
				  correction/reports of progress on correcting deficiencies). At the end of the
				  60-calendar-day correction period, a final determination of adequate or
				  inadequate will be assigned. The group self-insurance fund administrator will
				  receive notification of this final determination.
This section cited in 34 Pa. Code §
												129.463 (relating to plan of
						correction/reports of progress on correcting
						deficiencies).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter D - GROUP SELF-INSURANCE FUND'S ACCIDENT AND ILLNESS PREVENTION PROGRAMS › Section 129.463 - Plan of correction/reports of progress on correcting deficiencies

Current through Register Vol. 54, No. 28, July 13, 2024
A group self-insurance fund shall file a plan of correction
					 to implement audit report recommendations referenced in §
										129.462(c) 
					 (relating to written report of audit) for any deficiency requiring more than 60
					 days to correct. The plan shall include a timetable for correction acceptable
					 to the Bureau. Monthly progress reports shall be filed by the group
					 self-insurance fund detailing corrective actions at the end of each 30-day
					 period of the correction plan period. The Bureau may audit a group
					 self-insurance fund's accident and illness prevention program if the group
					 self-insurance fund fails to file progress reports, implement recommendations,
					 or provide acceptable documentation of corrective actions. The group
					 self-insurance fund will be notified of the determinations made by the
					 Bureau.
This section cited in 34 Pa. Code §
												129.462 (relating to written
						report of audit).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter D - GROUP SELF-INSURANCE FUND'S ACCIDENT AND ILLNESS PREVENTION PROGRAMS › Section 129.464 - Contesting final determinations

Current through Register Vol. 54, No. 28, July 13, 2024
A group self-insurance fund administrator may contest a
					 final determination of inadequate under Subchapter G (relating to
					 hearings).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter E - ACCIDENT AND ILLNESS PREVENTION SERVICES PROVIDERS REQUIREMENTS › Section 129.701 - Purpose and scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter sets forth the requirements for accident
					 and illness prevention services providers. These requirements apply only to
					 those individuals either directly employed by or retained under contract with
					 either a workers' compensation insurer, individual self-insured employer or
					 group self-insurance fund and who provide accident and illness prevention
					 services for the workers' compensation insurers' policyholders, the individual
					 self-insured employer or group self-insurance fund members. Procedures by which
					 organizations and associations may apply for recognition of credentials are
					 also outlined.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter E - ACCIDENT AND ILLNESS PREVENTION SERVICES PROVIDERS REQUIREMENTS › Section 129.702 - Accident and illness prevention services providers requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A workers'
				  compensation insurer, individual self-insured employer or group self-insurance
				  fund shall directly employ accident and illness prevention services providers
				  or shall retain contracted accident and illness prevention services providers
				  who meet the requirements as described in this section to provide accident and
				  illness prevention services.
(b) An
				  individual providing accident and illness prevention services as an employee or
				  contracted accident and illness prevention services provider shall supply
				  annual proof of current credentials and experience to the insurer, individual
				  self-insured employer or group self-insurance fund.
(c) An insurer, individual self-insured
				  employer or group self-insurance fund administrator shall be responsible for
				  reviewing the documentation or evidence to support that the requirements for
				  accident and illness prevention services providers are being met according to
				  the criteria in subsection (d). Verification that requirements have been met by
				  all employed or contracted accident and illness prevention services providers
				  utilized to provide accident and illness prevention services during the
				  reporting period shall be submitted to the Bureau as part of the annual
				  reports.
(d) An individual shall be
				  recognized as an accident and illness prevention services provider within the
				  meaning of section 1001(a) and (b) of the act (77 P. S. §
											1038.1(a) and (b)) and this
				  subchapter, by providing verification that the individual meets one or more of
				  the following requirements:
(1) An educational
				  degree or credential recognized by the Bureau in accident and illness
				  prevention fields from accredited institutions or programs and at least 2 years
				  of acceptable experience as set forth in subsection (e).
(2) A credential recognized by the Bureau
				  from a professional organization in the field of accident and illness
				  prevention and at least 2 years of acceptable experience as set forth in
				  subsection (e).
(3) A credential
				  from an industry-specific accident and illness prevention program recognized by
				  the Bureau and at least 2 years of acceptable experience as set forth in
				  subsection (e). Holders of recognized credentials will be restricted to the
				  delivery of accident and illness prevention services as defined by the specific
				  program within a given industry.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter E - ACCIDENT AND ILLNESS PREVENTION SERVICES PROVIDERS REQUIREMENTS › Section 129.703 - Proof of accident and illness prevention services providers credentials and experience

Current through Register Vol. 54, No. 28, July 13, 2024
Proof of an individual's credentials and experience as an
					 accident and illness prevention services provider shall be maintained by the
					 insurer, individual self-insured employer or group self-insurance fund. For
					 audit purposes, the proof of credentials and experience for each accident and
					 illness prevention services provider shall be retained for the most complete
					 current year and 2 preceding consecutive years.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter E - ACCIDENT AND ILLNESS PREVENTION SERVICES PROVIDERS REQUIREMENTS › Section 129.704 - Procedures for obtaining credential recognition

Current through Register Vol. 54, No. 28, July 13, 2024
The Bureau will accept applications from educational
					 programs, credentialing organizations or specific industry programs requesting
					 recognition of credentials awarded by the organization. Form and content of
					 applications will be specified by the Bureau.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter E - ACCIDENT AND ILLNESS PREVENTION SERVICES PROVIDERS REQUIREMENTS › Section 129.705 - Contesting denial of credential recognition or recognition as a qualified accident and illness prevention services provider

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An organization may contest a denial of
				  credential recognition under Subchapter G (relating to hearings).
(b) An insurer, individual self-insured
				  employer or group self-insurance fund may contest a denial or recognition as a
				  qualified accident and illness prevention services provider under Subchapter
				  G.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter F - WORKPLACE SAFETY COMMITTEES › Section 129.1001 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter sets forth the certification criteria for
					 the operation of workplace safety committees 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
					 workplace safety committees for its workplaces within this
					 Commonwealth.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter F - WORKPLACE SAFETY COMMITTEES › Section 129.1002 - Application for initial certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant-employer desiring to apply
				  for certification of its workplace safety committee shall file form LIBC-372,
Application for Certification of Workplace Safety Committee
,
				  with the Bureau. An application shall be filed for each legal entity of the
				  applicant-employer and shall include all information and documentation
				  requested in form LIBC-372.
(b) An
				  applicant-employer shall file one application which shall incorporate all of
				  the applicable applicant-employer workplaces within this
				  Commonwealth.
(c) Applications
				  shall be submitted to the Bureau between 90- and 30-calendar days prior to the
				  annual renewal of a workers' compensation policy, self-insurance renewal year
				  or group self-insurance fund year.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter F - WORKPLACE SAFETY COMMITTEES › Section 129.1003 - Minimum eligibility requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant-employer's committees shall
				  be located within this Commonwealth.
(b) The committee shall be in existence and
				  operating according to the requirements of this subchapter for 6 full,
				  consecutive calendar months prior to the signing, dating and submission of the
				  application.
(c) The committee
				  membership shall represent all primary operations of the workplace.
(d) The committees shall be composed of a
				  minimum of two employer-representatives and a minimum of two
				  employee-representatives.
(e)
				  Employer-representatives are individuals who, regardless of job title or labor
				  organization affiliation, and based upon an examination of that individual's
				  authority or responsibility, do one or more of the following:
(1) Select or hire an employee.
(2) Remove or terminate an
				  employee.
(3) Direct the manner of
				  employee performance.
(4) Control
				  the employee.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter F - WORKPLACE SAFETY COMMITTEES › Section 129.1004 - Committee formation and membership

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant-employer who has only one
				  workplace within this Commonwealth shall form a single workplace safety
				  committee at that workplace within this Commonwealth for
				  certification.
(b) An
				  applicant-employer who has more than one workplace within this Commonwealth may
				  form either a single, centralized workplace safety committee representing each
				  of its workplaces within this Commonwealth or separate and individual safety
				  committees at each workplace within this Commonwealth for
				  certification.
(c) The committee
				  shall be composed of at least an equal number of applicant-employer and
				  employee-representatives unless otherwise agreed upon by both parties. An
				  applicant-employer shall provide a satisfactory, written explanation to the
				  Bureau when a committee is not composed of an equal number of
				  applicant-employer and employee-representatives and a majority of
				  applicant-employer representatives exists. The explanation shall be signed by
				  one employer and one employee committee representative.
(d) Workplace safety committees shall
				  establish procedures that retain a core group of experienced members to serve
				  on the committee at all times.
(e)
				  Employee-representatives of the committees 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 from the date of the first meeting attended. Records of member
				  rotation shall be maintained by the applicant-employer for 5 years from the
				  date of the Bureau's receipt of the application.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter F - WORKPLACE SAFETY COMMITTEES › Section 129.1005 - Committee responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To
				  qualify for certification, workplace safety committees shall have
				  responsibilities including:
(1) Representing
				  the accident and illness prevention concerns of employees at every
				  applicant-employer workplace.
(2)
				  Reviewing the applicant-employer's hazard detection and accident and illness
				  prevention programs and formulating written proposals.
(3) Establishing procedures for periodic
				  workplace inspections by the safety committees for the purpose of locating and
				  identifying health and safety hazards. The locations and identity of hazards
				  shall be documented in writing, and the committees shall make proposals to the
				  applicant-employer regarding correction of the hazards.
(4) Conducting review of incidents resulting
				  in work-related deaths, injuries and illnesses and of complaints regarding
				  health and safety hazards made by committee members or other
				  employees.
(5) Conducting follow-up
				  evaluations of newly implemented health and safety equipment or health and
				  safety procedures to assess their effectiveness.
(6) Establishing 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.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter F - WORKPLACE SAFETY COMMITTEES › Section 129.1006 - Committee member training

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  applicant-employer shall, 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 (including substance abuse awareness and
				  prevention training), safety committee structure and operation.
(3) Other health and safety concerns specific
				  to the business of the applicant-employer.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter F - WORKPLACE SAFETY COMMITTEES › Section 129.1007 - Certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the Bureau
				  determines that the applicant-employer's committees meets the requirements, it
				  will send a letter of certification approval to the applicant-employer. The
				  Bureau will grant certification approval to an applicant-employer who, by
				  signing the acknowledgements and agreements page of the application, agrees to
				  continue to operate the workplace safety committee according to all
				  requirements upon which initial certification is based. The employer may not
				  disband committees except for valid business reasons.
(b) The insured applicant-employer shall
				  submit a copy of the letter of certification approval to its insurer to receive
				  an initial 5% reduction of its workers' compensation premium. The reduction
				  will be effective upon the commencement of the policy renewal period next
				  following the date of Bureau certification. An applicant-employer who is a
				  member of a group self-insurance fund established to grant a 5% reduction in
				  annual member contributions, shall submit a copy of the letter of certification
				  to its group self-insurance fund administrator to receive the initial 5%
				  contribution reduction. The reduction will be effective at the commencement of
				  the next group self-insurance fund year following certification.
(c) The Bureau will notify the Pennsylvania
				  Compensation Rating Bureau of approved insured applicant-employers.
(d) If an application is disapproved, the
				  applicant-employer will receive written notification listing specific reasons
				  for disapproval. The applicant-employer may resubmit a corrected application
				  for reconsideration prior to the renewal of its workers' compensation policy,
				  self-insurance renewal year or group self-insurance fund year. The
				  applicant-employer may challenge the disapproval determination under Subchapter
				  G (relating to hearings).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter F - WORKPLACE SAFETY COMMITTEES › Section 129.1009 - Information verification

Current through Register Vol. 54, No. 28, July 13, 2024
The Bureau may verify the information submitted by
					 application or affidavit including pertinent supporting
					 documentation.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter F - WORKPLACE SAFETY COMMITTEES › Section 129.1010 - Recordkeeping requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Copies of the required documents of the functioning
					 committee as defined in §§
										129.1005(c) and
					 129.1006(e)
					 (relating to committee responsibilities; and committee member training) shall
					 be retained by the applicant-employer for 5 years.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter F - WORKPLACE SAFETY COMMITTEES › Section 129.1011 - Contesting final determinations

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant-employer may contest a final application or
					 affidavit determination under Subchapter G (relating to
					 hearings).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter G - HEARINGS › Section 129.1301 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter sets forth the process to be followed for
					 hearings related to appeals of final determinations of inadequate as they
					 pertain to accident and illness prevention services and programs, final
					 determinations of approved or disapproved as they pertain to a workplace safety
					 committee initial application or renewal affidavit, denials of recognition as
					 an accident and illness prevention service provider or denials of credential
					 recognition.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter G - HEARINGS › Section 129.1302 - Request for hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party
				  contesting a final determination shall file an original and two copies of a
				  written request for a hearing to the Director within 30 calendar days of the
				  date of the determination. The hearing request shall be made to the Bureau at
				  the address listed on the determination.
(b) A proof of service indicating the date
				  and form of service of the written request for a hearing shall be provided to
				  the Bureau at the time the request for hearing is filed.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter G - HEARINGS › Section 129.1303 - Hearing process

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Director
				  will assign requests for hearings to an impartial hearing officer who will
				  schedule a de novo hearing. The hearing officer will provide notice to parties
				  of the hearing date, time and place.
(b) The hearing will be conducted in a manner
				  to provide the parties with an opportunity to be heard. The hearing officer
				  will not be bound by strict rules of evidence.
(c) Testimony will be recorded and a full
				  record kept of the proceeding.
(d)
				  Following the close of the record, the hearing officer will issue a written
				  final decision and order.
(e) Any
				  party to the hearing aggrieved by a decision rendered under subsection (d) may,
				  within 30 days, appeal the decision to the Commonwealth Court. The hearing
				  officer's determination will include a notification to the parties of their
				  appeal rights.
(f) Subsections
				  (a)-(e) supplement 1 Pa. Code Part II (relating to the General Rules of
				  Administrative Practice and Procedure).
(g) If, after all appeals have been
				  exhausted, the group self-insurance fund or individual self-insured employer is
				  subject to a final determination that its accident and illness prevention
				  program is inadequate, the group self-insurance fund or individual self-insured
				  employer's certificate to self-insure its obligations under the act shall be
				  void. The group self-insurance fund or individual self-insured employer's
				  failure to properly insure its obligations under the act, through an insurer
				  licensed to provide that coverage in this Commonwealth, within 15 days of the
				  final determination may result in criminal liability under section 305 of the
				  act (77 P. S. §
											501).
(h) If, after all appeals have been
				  exhausted, the insurer is subject to a final determination that its accident
				  and illness prevention program is inadequate, the Bureau will notify the
				  Commissioner that the insurer has failed to comply with section 1001(a) of the
				  act (77 P. S. §
											1038.1(a)). In that
				  notification, the Bureau may recommend that the insurer's license to write that
				  insurance in this Commonwealth be revoked.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter H - ORDER TO SHOW CAUSE/PENALTIES › Section 129.1601 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter sets forth the process that the Department
					 may institute to determine whether there has been a violation of the act or
					 related regulations.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 129 - WORKERS' COMPENSATION HEALTH AND SAFETY › Subchapter H - ORDER TO SHOW CAUSE/PENALTIES › Section 129.1602 - Order to show cause/penalties

Current through Register Vol. 54, No. 28, July 13, 2024
Whenever the Department has information, through its own
					 investigation or through complaint by any party, upon which it believes that an
					 insurer, individual self-insured employer or group self-insurance fund has
					 failed to establish, maintain or provide accident and illness prevention
					 programs or services, using qualified personnel, and to provide proof of those
					 programs or services required under the act, or upon which it believes that an
					 applicant-employer has misrepresented that it has established or maintained a
					 certified workplace safety committee according to Department criteria, the
					 Department may serve upon the insurer, individual self-insured employer or
					 group self-insurance fund, or applicant-employer an order to show cause why the
					 respondent should not be found in violation of Chapter 7E of the act
					 (77
					 P. S. §§
											1038.1 and
					 1038.2) or related
					 regulations and civil penalties assessed. The order to show cause will set
					 forth the particulars of the alleged violation.
(1) An answer to the order to show cause
				  shall be filed no later than 20 days following the date that the order to show
				  cause is served on the respondent.
(2) The Director of the Bureau will assign
				  the order to show cause to an impartial hearing officer who will schedule a
				  hearing. The hearing officer will provide notice to the parties of the hearing
				  date, time and place.
(3) The
				  hearing will be conducted in a manner as to provide the parties with an
				  opportunity to be heard and, when applicable, will be conducted under 1 Pa.
				  Code Part II (relating to General Rules of Administrative Practice and
				  Procedure). The hearing officer will not be bound by strict rules of
				  evidence.
(4) Testimony will be
				  recorded and a full record kept of the proceeding.
(5) If the respondent fails to answer or
				  fails to appear in person or by counsel at the scheduled hearing without
				  adequate excuse, the hearing officer will decide the matter on the basis of the
				  order to show cause and evidence presented.
(6) In a proceeding under this section, the
				  Department has the burden to demonstrate, upon a preponderance of the evidence,
				  that the respondent has failed to comply with the act or related
				  regulations.
(7) This section
				  supersedes 1 Pa. Code §§
										35.14 and
				  35.37 (relating to orders to show
				  cause; and answers to orders to show cause).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 130 - OCCUPATIONAL DISEASE UNDER THE WORKERS' COMPENSATION ACT-STATEMENT OF POLICY › Section 130.1 - Guidelines for employment screening programs under Act 115 of 2001

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Hepatitis C is
				a blood-borne virus that attacks the liver. Since its identification in 1989,
				the virus has become the leading cause of liver transplants in the United
				States and is responsible for 8,000 to 10,000 deaths per year. Nearly 4 million
				Americans are currently infected to date. The number of infected Americans is
				expected to triple within the next 10 to 20 years, according to the National
				Institute of Health. Emergency medical and public safety employees have been
				identified as a group with a higher risk of exposure to the virus because of
				the nature of their employment.
(b)
				On December 20, 2001, Governor Mark Schweiker signed into law Act 115 of 2001,
				which amends section 108 of the Workers' Compensation Act (77 P. S. §
										27.1) (act) to create a presumption that
				Hepatitis C in the following occupations is an occupational disease within the
				meaning of the act:
(1) Professional and
				volunteer firefighters.
(2)
				Volunteer ambulance corp personnel.
(3) Volunteer rescue and lifesaving squad
				personnel.
(4) Emergency medical
				services personnel and paramedics.
(5) Pennsylvania State Police
				officers.
(6) Police officers
				requiring certification under 53 Pa.C.S. Chapter 21 (relating to
				employees).
(7) Commonwealth and
				county correctional employees, and forensic security employees of the
				Department of Public Welfare, having duties including care, custody and control
				of inmates involving exposure to Hepatitis C.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter A - GENERAL PROVISIONS › Section 131.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The purpose of
				  this chapter is to promote, consistent with fairness and due process, the
				  orderly and expeditious determination of proceedings before judges under the
				  act and the Disease Law to implement the remedial intent of the act and the
				  Disease Law.
(b) Subsection (a)
				  supersedes 1 Pa. Code §
										31.2 (relating to liberal
				  construction).
The provisions of this §
												131.1 amended under sections
						401.1 and 435(a) and (c) of the
						Workers' Compensation Act (77 P. S. §§
													710 and
						991(a) and (c)); section 2205
						of The Administrative Code of 1929 (71 P. S. §
													565); and section 414 of The Pennsylvania
						Occupational Disease Act (77 P. S. §
													1514).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter A - GENERAL PROVISIONS › Section 131.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
				  applies to proceedings before judges under the act and the Disease
				  Law.
(b) Subsection (a) supersedes
				  1 Pa. Code §
										31.1 (relating to scope of
				  part).
The provisions of this §
												131.2 amended under sections
						401.1 and 435(a) and (c) of the
						Workers' Compensation Act (77 P. S. §§
													710 and
						991(a) and (c)); section 2205
						of The Administrative Code of 1929 (71 P. S. §
													565); and section 414 of The Pennsylvania
						Occupational Disease Act (77 P. S. §
													1514).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter A - GENERAL PROVISIONS › Section 131.3 - Waiver and modification of rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The judge may, for good cause, waive or
				  modify a provision of this chapter, except as otherwise provided in
				  §§
										131.59b(a) and
				  131.202 (relating to mandatory
				  mediation; and first hearing information and stay), upon motion of a party,
				  agreement of all parties or upon the judge's own motion.
(b) Subsection (a) supersedes 1 Pa. Code
				  §§
										33.61,
				  35.18,
				  35.54 and
				  35.55 and also supersedes 1 Pa.
				  Code Chapter 35, Subchapter D (relating to motions).
The provisions of this §
												131.3 amended under sections
						401.1, 435(a) and (c) and 1608 of
						the Workers' Compensation Act (77 P. S. §§
													710,
						991(a) and (c) and 2708);
						section 2205 of The Administrative Code of 1929 (71 P. S. §
													565); and section 414 of The Pennsylvania
						Occupational Disease Act (77 P. S. §
													1514).
This section cited in 34 Pa. Code §
												131.53a (relating to consolidated
						hearing procedure); 34 Pa. Code §
												131.59b (relating to manadatory
						mediation); and 34 Pa. Code §
												131.202 (relating to first hearing
						information and stay).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter A - GENERAL PROVISIONS › Section 131.4 - Applicability of General Rules of Administrative Practice and Procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter is
				  intended to supersede 1 Pa. Code Part II (relating to General Rules of
				  Administrative Practice and Procedure). The General Rules of Administrative
				  Practice and Procedure are not applicable to activities of and proceedings
				  before judges.
(b) Subsection (a)
				  supersedes 1 Pa. Code §
										31.4 (relating to information and
				  special instructions).
The provisions of this §
												131.4 amended under sections
						401.1 and 435(a) and (c) of the
						Workers' Compensation Act (77 P.S. §§
													710 and
						991(a) and (c)); section 2205
						of The Administrative Code of 1929 (71 P.S. §
													565); and section 414 of The Pennsylvania
						Occupational Disease Act (77 P.S. §
													1514).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter B - TIME › Section 131.11 - Filing, service and proof of service

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  Whenever filing is required by this chapter, it is deemed complete upon one of
				  the following:
(1) Delivery in
				  person.
(2) If by electronic
				  submission, upon receipt at the electronic address and in a format as
				  prescribed by the Department and published in the
Pennsylvania
				  Bulletin
or the Department's web site located at
www.dli.state.pa.us
.
(3) If by mail, upon deposit in the United
				  States mail, properly addressed, postage or charges prepaid, as evidenced by
				  one of the following:
(i) United States Postal
				  Service postmark.
(ii) United
				  States Postal Service Certificate of Mailing (USPS Form 3817 or other similar
				  United States Postal Service form from which the date of deposit can be
				  verified), enclosed with the filing or submitted separately to the
				  Department.
(4) A filing
				  may be delivered by a common carrier of property which is subject to the
				  authority of the Pennsylvania Public Utility Commission or the United States
				  National Surface Transportation Board. The date of filing is the date the
				  document was delivered to the common carrier, as established by a document or
				  other record prepared by the common carrier in the normal course of business.
				  If the date of delivery to the common carrier cannot be determined by the
				  documents in the record, the date of filing will be the date of its receipt by
				  the Department.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter B - TIME › Section 131.12 - Modification of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except for
				  answers to petitions as set forth in §
										131.33 (relating to answers except
				  answers to petitions for joinder and challenge proceedings), the time fixed or
				  the period of time prescribed in this chapter may, in the exercise of sound
				  discretion and for good cause, be shortened or extended by the judge upon the
				  judge's motion or at the request of a party.
(b) Modifications of time, other than
				  continuances or postponements of hearings, will be governed by the following:
(1) Requests for extensions of time shall be
				  filed at least 3 days before the time specified or as shortened or extended.
				  Requests made within 3 days prior to the time specified or as shortened or
				  extended may be considered if the judge is satisfied that the circumstances
				  relating to the request occurred within those 3 days. After the expiration of
				  the time specified, the act may be permitted to be done if reasonable grounds
				  are shown for the failure to act within the time specified or as previously
				  shortened or extended.
(2) Requests
				  for extensions of time shall be made in writing and state the facts upon which
				  the request rests. During the course of a hearing, the request may be made by
				  oral motion to the judge.
(3)
				  Requests for extensions of time, except those made orally at a hearing, shall
				  be filed with the judge, served upon all parties, and a proof of service of
				  same shall be filed with the judge.
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter B - TIME › Section 131.13 - Continuances or postponements of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is the intent of this chapter to
				  discourage repeated continuances or postponements of hearings.
(b) Parties shall make every effort to avoid
				  continuances or postponements by the prompt scheduling and submission of expert
				  and medical testimony and by the prompt presentation of lay
				  testimony.
(c) A continuance or
				  postponement may be granted as set forth in this chapter for good cause shown
				  at the discretion of the judge, if the continuance or postponement is
				  consistent with this chapter and its purpose of providing an orderly and
				  expeditious determination of proceedings before judges.
(d) Requests for a continuance or
				  postponement must be:
(1) Made in writing or
				  at a hearing. If not made in writing or at a hearing, confirmed in writing as
				  required by this subsection and served as required by subsection (h).
(2) Made not later than 10 calendar days
				  prior to the hearing date, except as set forth in subsection (f).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter B - TIME › Section 131.15 - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
				  otherwise provided by law, in computing a period of time prescribed or allowed
				  by this chapter, the day of the act, event or default after which the
				  designated period of times begins to run may not be included. The last day of
				  the period so computed shall be included, unless it is Saturday, Sunday or a
				  legal holiday in this Commonwealth, in which event the period shall run until
				  the end of the next day which is neither a Saturday, Sunday nor a legal
				  holiday. A part-day holiday shall be considered as other days and not as a
				  legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be
				  included in the computation.
(b)
				  Subsection (a) supersedes 1 Pa. Code §
										31.12 (relating to computation of
				  time).
The provisions of this §
												131.15 issued under sections
						401.1 and 435(a) and (c) of the
						Workers' Compensation Act (77 P. S. §§
													710 and
						991(a) and (c)); section 2205
						of The Administrative Code of 1929 (71 P. S. §
													565); and section 414 of The Pennsylvania
						Occupational Disease Act (77 P. S. §
													1514).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › GENERAL › Section 131.21 - Identifying number

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Pleadings,
					 documents and other submittals filed in a proceeding shall be identified by an
					 identifying number assigned by the Department.
(b) Subsection (a) supersedes 1 Pa. Code
					 §§
											31.5,
					 33.1 and
					 33.51 (relating to communications
					 and filings generally; title; and docket).
The provisions of this §
													131.21 amended under sections
						  401.1, 435(a) and (c) and 1608 of
						  the Workers' Compensation Act (77 P. S. §§
														710,
						  991(a) and (c) and 2708);
						  section 2205 of The Administrative Code of 1929 (71 P. S. §
														565); and section 414 of The Pennsylvania
						  Occupational Disease Act (77 P. S. §
														1514).
Pennsylvania Code › Title 34 - LABOR AND INDUSTRY › Part VIII - Bureau of Workers' Compensation › Chapter 131 - SPECIAL RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE BEFORE WORKERS' COMPENSATION JUDGES › Subchapter C - FORMAL PROCEEDINGS › GENERAL › Section 131.22 - Transfer of cases or petitions on agreement of all parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If the transfer
					 of the case is agreed to by the Office of Adjudication, the parties and the
					 judge, the Office of Adjudication will promptly reassign the case or petition.
					 Notice of reassignment will be given to all parties.
(b) Transfer or reassignment under subsection
					 (a) will take place prior to the date of the first hearing unless circumstances
					 dictate otherwise.
The provisions of this §
													131.22 amended under sections
						  401.1 and 435(a) and (c) of the
						  Workers' Compensation Act (77 P. S. §§
														710 and
						  991(a) and (c)); section 2205
						  of The Administrative Code of 1929 (71 P. S. §
														565); and section 414 of The Pennsylvania
						  Occupational Disease Act (77 P. S. §
														1514).