Subchapter A. PRELIMINARY PROVISIONS


Sec.


129.1.    Purpose.
129.2.    Definitions.

§ 129.1. Purpose.

 This subchapter provides definitions of terms used in this chapter to allow for accurate understanding of commonly and frequently used terminology.

§ 129.2. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   AIPPS—Form LIBC-220E, Annual Report of Accident and Illness Prevention Program Status, which provides detailed information about a self-insured employer’s prevention program or prevention services being provided to employer members of a group self-insurance fund.

   AIPS—Form LIBC-210I, Insurer’s Annual Report of Accident and Illness Prevention Services, which provides detailed information about services being maintained or provided by a workers’ compensation insurer to its policyholders.

   Accident analysis—The review of injury and illness records for the purpose of identifying trends, causal factors and methods of preventing and reducing work-related accidents and illnesses.

   Accident and illness prevention services—Services, within the context of the act, which include: surveys, proposed corrective actions, training programs, consultations, analyses of accident causes and industrial hygiene and industrial health services.

   Accident and illness prevention services providers—A person or persons providing accident and illness prevention services for an insurer, individual self-insured employer or group self-insurance fund who meets the requirements in §  129.702 (relating to accident and illness prevention services providers credentials and experience).

   Act—The Workers’ Compensation Act (77 P. S.§ §  1-1041.4 and 2501-2626).

   Act 44—The act of July 2, 1993 (P. L. 190, No. 44).

   Act 57—The act of June 24, 1996 (P. L. 350, No. 57).

   Adequate—A Bureau of Workers’ Compensation final determination that the insurer, individual self-insured employer or group self-insurance fund has fulfilled the program and service requirements as stated in this chapter.

   Affiliated company—Employers which are closely related through common ownership or control.

   Applicant-employer—An insured employer, an individual self-insured employer or an employer member of a group self-insurance fund having its own separate Federal Employer Identification Number (FEIN) applying to the Bureau for certification or certification renewal of its workplace safety committee.

   Application—Form LIBC-372, Application for Certification of Workplace Safety Committee, used to apply for Department certification.

   Audit—An inspection of documentation or other evidence relating to the adequacy of accident and illness prevention services or programs as authorized by section 1001(c) of the act (77 P. S. §  1038.1(c)).

   Bureau—The Bureau of Workers’ Compensation of the Department.

   Centralized workplace safety committee—A safety committee comprised of personnel, both employer and employee representatives, who are selected from and reasonably represent those job functions located at all auxiliary or satellite employer locations, in addition to the headquarter facilities (if the headquarters facility is located in this Commonwealth) and which represents the health and safety concerns of all personnel at those auxiliary or satellite locations.

   Certification—The Departmental approval of an applicant-employer’s application for certification of its workplace safety committees.

   Certification renewal—Form LIBC-372R, Certification Renewal Affidavit of Workplace Safety Committee, used to attest to the continued operation, according to Departmental requirements, of a previously certified workplace safety committee.

   Commissioner—The Insurance Commissioner of the Commonwealth.

   Consultation—Providing advice relative to existing and potential hazards.

   Contracted accident and illness prevention services providers—A person or organization which meets the qualification standards in §  129.702 (relating to accident and illness prevention services providers requirement) under contract with an insurer, individual self-insured employer or group self-insurance fund for the purpose of maintaining or providing accident and illness prevention services and programs as required under the act.

   Credential—A designation in the health and safety field recognized by the Department.

   Department—The Department of Labor and Industry of the Commonwealth.

   Director—The Director of the Bureau.

   Effectiveness measures—Any one of the various statistical means used by an insurer, self-insured employer or group self-insurance fund to evaluate the adequacy of accident and illness prevention programs and services such as Occupational Health and Safety Administration (OSHA)/United States Department of Labor Bureau of Labor Statistics (BLS) incidence rate comparison, loss ratio or experience modification factor.

   Emergency action plans—Plans to be at least annually reviewed by individual self-insured employers and which address the need for immediate action to protect employees due to the occurrence of life-threatening or endangering exposures. Examples of types of plans include: building and site evacuation; hazardous material spill; and urgent employee medical treatment.

   Evaluation methods—Periodic reviews of accident and illness prevention services or programs to determine if actual health and safety concerns, experience and exposures are being addressed, and conducted at least annually.

   Group self-insurance fund—A group of employers authorized by the Bureau to act as a self-insurance fund under section 802 of the act (77 P. S. §  1036.2).

   Group self-insurance fund initial report of accident and illness prevention services—A report to be filed with the Bureau when an application for group self-insurance fund status is submitted which details accident and illness prevention services to be maintained for member companies.

   Hazard identification methods—Methods used to conduct hazard identification and for providing proposed corrective actions for the purpose of eliminating or reducing occupational accidents, injuries and illnesses. Activities may include: providing solutions; explanations; resources; reference materials; and referrals.

   Industrial health services—Services that include a consultation concerning the well-being of people in relation to their job and working environment. This consultation may produce proposed corrective actions aimed at identifying, controlling and preventing exposures as part of the implementation of a program of accident and illness prevention services.

   Industrial hygiene services—Services that include consultation concerning suspected chemical, physical or biological exposures. This consultation may produce proposed corrective actions designed to control or prevent identified exposures and is directed toward implementing a program of accident and illness prevention services.

   In-service status—The classification granted to an accident and illness prevention services provider who does not possess a Bureau-recognized credential under §  129.702.

   Insurer—An entity or group of affiliated entities subject to The Insurance Company Law of 1921 (40 P. S. § §  341—477(d)), including the State Workers’ Insurance Fund, but not including self-insured employers or runoff self-insurers, with which an employer has insured its liability under section 305 of the act (77 P. S. §  501).

   Insurer’s initial report of accident and illness prevention services—Form LIBC-211I, Insurer’s Initial Report of Accident and Illness Prevention Services, which shall be filed with the Insurance Department when an insurer applies for a license to write workers’ compensation insurance in this Commonwealth which details accident and illness prevention services to be maintained by or provided to policyholders.

   Loss run—A report containing an employer’s incurred losses including the following information concerning an employee’s injury or illness: type; cause; medical cost; compensation paid; and moneys reserved for claim payment.

   Member—An employer participating in a group self-insurance fund.

   Program coordinator—An employee or contracted individual selected by an individual self-insured employer or group self-insurance fund to coordinate the accident and illness prevention program.

   Quorum—A majority of permanent workplace safety committee members.

   Recommendations—Findings included in an audit report issued by the Bureau which must be satisfactorily implemented and supported by written documentation in order to achieve a final determination of adequate.

   Renewal—A new policy offered by an insurer and accepted by an employer for the next annual anniversary date of the applicant-employer’s workers’ compensation insurance policy after certification of its workplace safety committee.

   SWIF—The State Workers’ Insurance Fund.

   Self-insured employer—An individual self-insured employer who is authorized by the Department to self-insure its workers’ compensation liability under section 305 of the act, or a group of employers authorized by the Department to act as a group self-insurance fund under section 802 of the act.

   Self-insured employer’s initial report of accident and illness prevention program—A report to be filed with the Bureau when an application for individual self-insurance is submitted which details the accident and illness prevention program to be maintained by the employer.

   Suggestions—Findings of an audit or report evaluation issued by the Bureau which would improve accident and illness prevention programs and services but are not mandatory to achieve a final determination of adequate.

   Survey—A review of past accident records or an onsite assessment, or both, to identify existing and potential hazards and the initiation of further corrective actions, as appropriate.

   Training program—Training which enables employers and employees to enhance knowledge, skills, attitudes and motivations concerning health and safety issues, and requirements relating to operations, processes, materials and specific work environments.

   Workplace—A permanent location in this Commonwealth of the applicant-employer at which full-time or permanent part-time workers perform their job duties or from which job assignments are made and administrative controls are exercised.

   Workplace safety committee—A joint employer and employee committee established at a workplace for the purpose of hazard detection and accident and illness prevention activities.

   Worksite—A temporary location at which full-time or permanent part-time workers perform their job duties for a limited period of time.



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