053-2 Wyo. Code R. § 2-10

Current through April 27, 2019

Section 2-10 - Health and Safety Consultation Employer Discount Program

(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 health and safety consultation program.

(b) Applications to participate in this program may be submitted to the Division at any time and upon approval premium base rate discounts shall be implemented in the subsequent calendar quarter.

(c) Employers must have at least one (1) employee to participate in this 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 this program until such time as the employer reapplies for the program and all program requirements have been met.

(d) Pursuant to W. S. § 27-14-803 and in accordance with Chapter 2, Section 5. Audits, the Division may investigate and examine the employer's documentation as pertains to compliance with its approved health and consultation safety program(s). If the Division finds the employer to be in noncompliance after reviewing the relevant documentation, participation in the health and safety consultation employer discount program may be revoked or reduced to a lower tier.

• (i) If an audit is conducted and the employer is found to be out of compliance and/or an employer has a workplace related fatality, have an inspection where they are issued a repeat serious or willful citation during any time while receiving this discount they shall be immediately removed from the program until such time that they have abated all hazards and they have completed any other required obligations with state agencies. Upon completion of abatement and obligations the employer can reapply for the discount and all program requirements have been met.

(e) Health and Safety Consultation Employer Discount Program premium base rate discounts shall be applied on a quarterly basis and be in effect for up to three (3) years.

(f) Discounts shall be calculated as follows:

• (i) To participate in Tier 1 premium base rate discount of three percent (3%), an employer must complete:
  • (A) a full service, onsite survey; and,
  • (B) abates all serious hazards.

    The survey, Safety & Health Program Assessment Form shall be conducted by Wyoming OSHA Consultation or Compliance Assistance, a State Mine Inspector, Workers' Compensation Safety Specialist or a qualified third-party health and safety professional approved by the Department.

• (ii) To participate in the Tier 2 premium base rate discount of five percent (5%), an employer must complete:
  • (A) a full service, onsite survey;
  • (B) abate all serious hazards; and,
  • (C) the Safety & Health Assessment Form. The employer must score 2's on the twenty (20) pre-selected items on the Safety & Health Program Assessment Form.

    The survey, Safety & Health Assessment Program Form shall be conducted by an approved Wyoming OSHA Consultation or Compliance Assistance, a State Mine Inspector, Workers' Compensation Safety Specialist or a qualified third-party health and safety professional approved by the Department.

• (iii) To participate in the Tier 3 premium base rate discount of seven percent (7%), an employer must complete:
  • (A) a full service, onsite survey;
  • (B) abate all serious hazards;
  • (C) the Safety & Health Program Assessment Form and score 2's on the twenty (20) pre-selected items on the Safety & Health Program Assessment Form; and,
  • (D) obtain injury and illness rates known as the Total Recordable Cases (TRC) and Days Away Restricted Time (DART) below the Bureau of Labor Statistics (BLS) current rates for their company per North American Industry Classification (NAIC's) code.

    The survey, Safety & Health Program Assessment Form shall be conducted by Wyoming OSHA Consultation or Compliance Assistance, a State Mine Inspector, Workers' Compensation Safety Specialist or a qualified third-party health and safety professional approved by the Department.

• (iv) To participate in the Tier 4 premium base rate discount of ten percent (10%), an employer must complete:
  • (A) a full service, onsite survey;
  • (B) abate all serious hazards;
  • (C) the Safety & Health Assessment Form and score 3's on 10% and 2's on the remaining items to complete all 58 items on the Safety & Health Assessment Form;
  • (D) obtain injury and illness rates known as the Total Recordable Cases (TRC) and Days Away Restricted Time (DART) below the Bureau of Labor Statistics (BLS) current rates for their company per North American Industry Classification (NAIC's) code.

    The survey, Safety & Health Program Assessment Form shall be conducted by Wyoming OSHA Consultation or Compliance Assistance, a State Mine Inspector, Workers' Compensation Safety Specialist or a qualified third-party health and safety professional approved by the Department.

(g) A third-party health and safety professional shall meet the following requirements to conduct audits and recommend discounts for this program:

• (i) complete and submit the Health & Safety Consultation Employer Discount application;

• (ii) submit copies of any health or safety certificates/certifications,

• (iii) copy of health or safety degree or any other health and safety paperwork for approval consideration; and,

• (iv) include a copy of the letter from the State of Wyoming Office of the Attorney General, Division of Criminal Investigation's Western Identification Network or equivalent showing no criminal record.

053-2 Wyo. Code R. § 2-10

Amended, Eff. 10/13/2016.

Amended, Eff. 8/24/2017.

Amended, Eff. 12/11/2018.