SECTION 380:41-1-3. Program requirements

(a)   Employer responsibilities. Employers requesting initial pursuit of WCPR Certification must agree to the following requirements for each facility covered by the workers' compensation policy:

(1)   60 days prior to the Workers' Compensation Policy Renewal Date, the employer must request a full service survey from the Oklahoma Department of Labor (ODOL) OSHA Division for each facility covered by the workers' compensation policy.

(2)   The employer must work withODOL program for a period of at least one year (participation year) from the date of the initial visit, during which time the employer must:

(A)   Correct all identified safety and health hazards and provide the ODOL with written confirmation that all hazards have been corrected.

(B)   Implement all elements of an effective safety and health program.

(C)   Involve employees in the development, operation, and improvement of all elements of the workplace safety and health program and in the decisions that affect their safety and health.

(D)   Experience zero lost workday claims for the participation year or reduce dollar amount or severity of claims by 10% as compared to the claims incurred during the preceding year.

(E)   Reduce Lost Work Day Injury (LWDI) rate to at or below the National Average for their industryor reduce by 1/3 the amount the national average was exceeded during the comparison year.

(3)   During the Participation year, the employer must consult in advance with the ODOL OSHA Division on any changes in working conditions or work processes which might introduce new hazards into the workplace.

(4)   In the last quarter of the participation year, the employer must request a second full service visit from the OSHA Division.

(b)   OSHA program responsibilities.

(1)   It is the responsibility of the Commissioner of Labor to ensure that all of the requirements for certification have been met by the employer prior to issuing a Workers Compensation Premium Reduction (WCPR) certificate.

(2)   During the participation period while the employer is working toward WCPR certification, the OSHA Director or his/her designee may schedule additional training and assistance visits to the site to provide assistance in meeting requirements.

(A)   Where verification of serious hazard correction is not satisfactory or timely, a follow-up visit must be conducted.

(B)   Follow-up visits will also be conducted when a consultant has reason to question the veracity of the employer's assurance that identified serious hazards have been corrected.

(3)   Onsite verification that all WCPR requirements have been met will take place in the second full service visit, normally at least one year following the date of the initial visit. At the time of this visit, all elements of an effective safety and health program must be in place and operating.

(4)   If new hazards identified in the second initial visit reflect significant deficiencies in the safety and health program, the employer cannot be recommended for final WCPR approval until the deficiencies have been corrected and the consultant(s) are confident that the program will operate effectively thereafter.

[Source: Added at 16 Ok Reg 3029, eff 7-12-99; Amended at 18 Ok Reg 3517, eff 9-14-01]