Virginia Administrative Code › Title 16 - LABOR AND EMPLOYMENT › Agency 25 - SAFETY AND HEALTH CODES BOARD › Chapter 200 - VIRGINIA VOLUNTARY PROTECTION PROGRAM › Section 16VAC25-200-20 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise:
"90-day item" means compliance related issues that must be
				  corrected within a maximum of 90 days, with effective protection provided to
				  employees in the interim.
"Annual evaluation" means a participant's yearly
				  self-assessment to gauge the effectiveness of all required VPP elements and any
				  other elements of the safety and health management system.
"Annual submission" means a document written by a participant
				  and submitted to the department on or before February 15 each year, consisting
				  of the following information: updated names and addresses, the participant's
				  and applicable contractors' injury and illness case numbers and rates, average
				  annual employment and hours worked for the previous calendar year, a copy of
				  the most recent annual evaluation of the safety and health management system,
				  descriptions of significant changes or events, progress made on the previous
				  year's recommendations, Merit or one-year conditional goals (if applicable),
				  and any success stories.
"Applicable contractor" means a contractor whose employees
				  worked at least 1,000 hours for the participant in any calendar quarter within
				  the last 12 months and are not directly supervised by the applicant or
				  participant.
"Applicant" means an employer that has submitted an
				  application for one of the Voluntary Protection Programs specified in
				  16VAC25-200-40 that has been accepted but has not yet been approved for
				  participation. Depending on the context used in this chapter, an employer's
				  application may concern one or more locations or sites.
"Challenge" means a voluntary protection program that
				  provides participating employers and workers a three-stage process to work with
				  their designated Challenge administrators to develop and improve their safety
				  and health management program. VOSH-approved volunteer third party Challenge
				  administrators collaborate with participating employers to improve safety and
				  health management programs through mentoring, training, and progress
				  tracking.
"Challenge administrator" means selected individuals in
				  organizations such as corporations, state agencies, or nonprofit associations
				  that have met VOSH VPP criteria, including dedicated resources to administer
				  the Challenge program for their worksites or members or other organizations'
				  worksites or members. Administrators are involved in the application and review
				  processes. In certain situations as specified by the commissioner, VOSH can
				  serve as a Challenge administrator.
"Commissioner" means the Commissioner of Labor and Industry
				  or his designees.
"Commissioner of Labor and Industry" means only the
				  individual who is Commissioner of Labor and Industry.
"Contract employees" means workers who are employed by a
				  company that provides services under contract to the VPP applicant or
				  participant, usually at the VPP applicant's or participant's worksite.
"Days away, restricted, or transfer case incidence rate" or
				  "DART rate" means the rate of all injuries and illnesses resulting in days away
				  from work, restricted work activity, or job transfer. This rate is calculated
				  for a worksite for a specified period of time, usually one to three
				  years.
"Department" means the Department of Labor and
				  Industry.
"Mentoring" means the assistance that a VPP participant
				  provides to another employer to improve that site's safety and health
				  management system or prepare it for VPP application or participation.
"Merit goal" means a target for improving one or more
				  deficient safety and health management system elements for a participant
				  approved to the Merit program. A Merit goal must be met in order for a site to
				  achieve Star status.
"Merit program" means a program designed for worksites that
				  have demonstrated the potential and commitment to achieve Star quality but need
				  to further improve their safety and health management system. A worksite may be
				  designated as "Merit" when, during an initial Star certification review, the
				  VOSH review team determines that not all Star requirements are being fully met.
				  In the case of a Merit designation, the participant must complete specified
				  Merit goals in order to achieve Star status and continue in VPP. "Merit" is not
				  a participation level that can be applied for.
"Misclassification" means when an employer improperly
				  classifies a worker as an independent contractor who should in fact be an
				  employee.
"Model system" means an exemplary, voluntarily implemented
				  worker safety and health management system that (i) implements comprehensive
				  safety and health programs that exceed basic compliance with occupational
				  safety and health laws and regulations and (ii) meets the VPP requirements of
				  this chapter.
"Nested contractor" means a contractor whose employees are
				  supervised by the applicant or participant and are regularly intermingled with
				  the host participant's employees.
"One-year conditional goal" means a target for correcting
				  deficiencies in safety and health management system elements or sub-elements
				  identified by VOSH during the onsite evaluation of a Star participant.
"Onsite assistance visit" means a visit to an applicant or
				  participant site by department personnel or other nonenforcement personnel to
				  offer assistance, including help with its application, conduct of a records
				  review, or make general observations about the site's safety and health
				  management system.
"Onsite evaluation" means a visit to an applicant or
				  participant site by a VOSH onsite evaluation team to determine whether the site
				  qualifies to participate, continue participation, or advance within VPP.
"Onsite evaluation report" means a document written by the
				  VOSH onsite evaluation team and consisting of the site report. This document
				  contains the team's assessment of the safety and health management system and
				  the team's recommendation regarding approval of the applicant or reapproval of
				  the participant in VPP.
"Onsite evaluation team" means an interdisciplinary group of
				  VOSH professionals and private industry volunteers who conduct onsite
				  evaluations. The team normally consists of a team leader, a backup team leader,
				  safety and health specialists, and other specialists as appropriate.
"Participant" means an employer that has submitted an
				  application and been approved for one of the Voluntary Protection Programs
				  specified in 16VAC25-200-40. Depending on the context used in this chapter, a
				  "participant" may have one or more active physical locations or sites.
"Private industry volunteer" or "PIV" means a volunteer from
				  a VPP site or corporation knowledgeable in safety and health management system
				  assessment, formally trained in the policies and procedures of VPP, and
				  determined by VOSH to be qualified to perform as a team member on a VPP onsite
				  evaluation.
"Recommendations" means suggested improvements noted by the
				  onsite evaluation team that are not requirements for VPP participation but
				  would enhance the effectiveness of the site's safety and health management
				  system. Compliance with VOSH standards is a requirement, not a
				  recommendation.
"Safety and health management system" means a method of
				  preventing worker fatalities, injuries, and illnesses through the ongoing
				  planning, implementation, integration, and control of four interdependent
				  elements: management leadership and employee involvement, worksite analysis,
				  hazard prevention and control, and safety and health training.
"Star program" means the program within VPP designed for
				  participants whose safety and health management systems operate in a highly
				  effective, self-sufficient manner and meet all VPP requirements. Star is the
				  highest level of VPP participation.
"Temporary employee" means an employee hired on a
				  nonpermanent basis by the applicant or participant site.
"Total case incidence rate" or "TCIR" means a number that
				  represents the total recordable injuries and illnesses per 100 full-time
				  employees, calculated for a worksite for a specified period of time (usually
				  one to three years).
"Voluntary Protection Program" or "VPP" means a voluntary
				  program under which the commissioner recognizes and partners with workplaces in
				  which a model system has been implemented.
"Voluntary Protection Program Participants' Association" or
				  "VPPPA" means a nonprofit § 50l(c)(3) organization whose members are
				  involved in VPP. The mission of the VPPPA is to promote safety, health, and
				  environmental excellence through cooperative efforts among employees,
				  management, and government.
"VOSH" means the Virginia Occupational Safety and Health
				  program of the Department of Labor and Industry.
Statutory Authority: §§
											40.1-22 and
					 40.1-49.13 of the Code of
					 Virginia.