Current through Register Vol. XLI, No. 50, December 13, 2024
Section 85-23-3 - DefinitionsAs 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; andg. 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.3.8. "Measurable improvement" means demonstrative evidence of safety improvement at the employer's workplace.3.9. "New subscriber" means an employer that has not accumulated the necessary claims and premium tax experience to be afforded an experience modification factor by the commission for purposes of ratemaking, but has accumulated sufficient claims and premium tax experience to be afforded an experience modification factor for purposes of this rule.3.10. "Premium tax surcharge" means a percentage of the premium tax added to an employer's quarterly premium tax as a result of the employer's classification as a tier three employer.3.11. "Performance criteria" means the measurement of an employer's safety performance including, but not limited to, the combination of the premium tax size and experience modification factor as per table 85-23 A of this rule.3.12. "Quarter" means the four calendar quarters: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31 of each calendar year.3.13. "Review period" means a period of two consecutive quarters.3.14. "Target program employer" means any employer, not excluded by the commission under the provisions of section eight, whose combination of premium size and experience modification factor meets the criteria of table 85-23A of this rule for a tier two employer. (See, Note: using table 85-23A, attached to the table.)3.15. "Tier three employer" means any employer who chooses not to participate in the focus program employer or target program employer mandates or any employer who fails to comply with the mandates of the target program employer classification.