West Virginia Code of State Rules › Agency 85 - Workers' Compensation › Title 85 - PROCEDURAL RULE WORKERS' COMPENSATION RULES OF THE WEST VIRGINIA INSURANCE COMMISSIONER › Series 85-23 - Loss Prevention › Section 85-23-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
As used in this rule, the following terms have the stated
				  meanings unless the context of a specific use clearly indicates another meaning
				  is intended.
3.1. "Commissioner" means
				the workers' compensation commission created pursuant to the provisions of W.
				Va. Code §
									23-1-1.
3.2. "Board" means the workers" compensation
				board of managers created pursuant to the provisions of W. Va. Code §
									23-1-1a.
3.3. "Evaluation criteria" means that level
				of performance criteria which results in an employer's designation as a focus
				program employer or a target program employer.
3.4. "Experience modification factor" means
				an actuarially determined multiplier of the premium tax base rate used to
				determine the premium tax rate. (Note: The experience modification factor has
				been historically referred to as the experience modification rate or
				EMR.)
3.5. "Focus program employer"
				means any employer, not excluded by the commission under the provisions of
				section eight, whose combination of premium tax size, and experience
				modification factor meets the criteria of table 85-23 A of this rule for a tier
				one employer. (See, Note: using table 85-23 A attached to the table.)
3.6. "Injury" means compensable injuries for
				which costs are incurred by the commission within the meaning of W. Va. Code
				§
									23-4-1
				et seq.
3.7. "Joint labor and
				management safety committee" means a formally structured process to provide for
				and foster employee and employer involvement in safety reforms as provided in
				section two. Such structures include, but are not limited to, groups such as
				quality circles and self directed work teams. A tiered safety organization is
				permitted, if employees participate at each level of the organized committees.
				An employer operating under a collective bargaining agreement that contains
				provisions regulating the formation and operation of a safety committee that
				meets or exceeds the minimum requirements of this rule shall be considered to
				have met the requirements of this rule for safety committees.
3.7.1. A joint labor and management safety
				committee must exhibit the following characteristics to be considered
				acceptable:
a. Safety must be a priority of
				the group;
b. The group must have
				the authority to conduct safety inspections of the work area for which they are
				responsible and to determine and recommend corrective measures to
				management;
c. The group must meet
				regularly and minutes must be kept of the meetings;
d. Each member of the committee shall have an
				equal vote;
e. Members of the
				committee shall not experience any loss of wages or any other retaliation while
				attending safety committee meetings or performing duties at the direction of
				the safety committee;
f. At least
				fifty percent (50%) of the members of the tiered safety organization and of
				each committee (committees) shall be employee representatives; and
g. All members of the committee shall be
				trained in matters related to workplace safety, such training shall include
				attendance at a seminar on basic safety programs sponsored or approved by the
				commission.