053-2 Wyo. Code R. § 2-8

Current through April 27, 2019

Section 2-8 - Safety Program; Employer Discount

(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 Chapter 2, Section 5, 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 declaration, in writing of a company-wide loss prevention policy; a declaration of the company's safety coordinator;

• (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.

(e) 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.

• (i) To receive a three and one-third percent (3.33%) discount to its premium base rate, an employer must have a documented health and safety program;

• (ii) To receive a six and two-third percent (6.66%) discount to its premium base rate, an employer must have a documented health and safety program and have an established Health and Safety committee with documented monthly safety meetings; and

• (iii) To receive a ten percent (10%) discount, an employer must meet the above requirements and achieve and maintain a loss ratio of equal to or less than ten percent (10%).

(f) Premium base rate discount renewals shall be in effect each year only in the event that a renewal application has been submitted along with any updates to the employer's Health and Safety policy. If an audit is conducted and the employer is found to be out of compliance with any of the previous requirements the employer shall be removed from the program until such time as the employer reapplies for the program and all program requirements have been met.

053-2 Wyo. Code R. § 2-8

Amended, Eff. 10/13/2016.

Amended, Eff. 8/24/2017.

Amended, Eff. 12/11/2018.