Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 2 - EMPLOYER COVERAGE, COMPLIANCE, AND DISCOUNT PROGRAMS › Section 2-8 - Safety Program; Employer Discount

Current through July 13, 2024
(a) Pursuant to
				W.S. § 27-14-201(o) employers may receive a premium base rate discount, as
				determined through the Division's premium rate setting process for its
				employment classification, by participating in a safety program.
(b) Employers must have at least one (1)
				employee to participate in the program, establish and maintain certificates of
				good standing with Wyoming Workers' Compensation, Unemployment Insurance, and
				the Secretary of State. Certificates of good standing shall be reviewed on an
				annual basis to ensure compliance. If certificates of good standing cannot be
				established and maintained by the employer, that employer shall be disqualified
				from the program until such time as the employer reapplies for the program and
				all program requirements have been met.
(c) Pursuant to W.S. § 27-14-803 and in
				accordance with Section 5 of this chapter, the Division may investigate and
				examine the employer's documentation as pertains to compliance with its
				approved health and safety program(s). If the Division finds the employer to be
				in noncompliance after reviewing the relevant documentation, participation in
				the employer base rate discount program may be revoked or reduced.
(d) This program shall comply with some or
				all of the following provisions dependent on the level of discount
				participation:
(i) A formal, written
				declaration by the company's safety coordinator explaining the company-wide
				loss prevention policy;
(ii) A
				formal creation of a safety committee with at least one member;
(iii) Employees have undergone appropriate
				hazard and injury prevention training as necessary for their job;
(iv) Written policies/procedures on claims
				management; and
(v) A substance
				abuse training plan along with written policies and procedures establishing a
				drug-free workplace, which may include an employee assistance program to assist
				employees with alcohol or other drug problems. These policies shall be posted
				in a conspicuous place where they may be regularly viewed by employees:
(A) The policy shall:
(I) Establish that the unlawful use,
				possession, transfer or sale of illegal drugs or controlled substances and the
				misuse of alcohol by employees during work hours are prohibited;
(II) Provide an explanation of the
				consequences of violation of the employer's drug-free policy, which may include
				a referral for therapeutic help, discipline and/or discharge; and
(III) Encourage the designation of totally or
				partially smoke-free workplace.
(B) Employers shall post a list of community
				resources that provide substance abuse treatment and prevention services in a
				conspicuous place where they may be regularly viewed by employees. The Wyoming
				Department of Health shall provide the list on the website of the Substance
				Abuse Division or in hard copy to employers requesting the list.
(C) Employers are not required to pay the
				costs of treatment or any other intervention to qualify for the safety discount
				program.
(D) Employers enrolling on
				or after the effective date of these rules shall comply with the drug-free
				workplace requirements upon enrollment.