California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 3.2 - California Occupational Safety and Health Regulations (Cal/OSHA)
Subchapter 1 - Regulations of the Director of Industrial Relations
Article 6 - Workers' Compensation Loss Control Consultation Services, Annual Health and Safety Loss Control Plan-Requirements and Procedures
Section 339.4 - Provision of Loss Control Consultation Services
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Every insurer issuing or maintaining a workers' compensation insurance policy covering an employer's current or future operations shall maintain or provide loss control consultation services certified by the Division in accordance with this Article.
NOTE: Insurers may elect to provide all or part of their loss control consultation services through another entity, e.g., consultants, insurance groups or health care organizations, to the extent that the services to be provided meet the requirements of this section. However, such an election shall not alter the insurer's responsibility to maintain certification and to direct and control the provision of all loss control consultation services required by this Article.
(b) At the time the insurance policy is issued, and annually thereafter, the insurer shall provide to each of its insureds a written description of the insurer's loss control consultation services, including a notice stating that the services are available at no additional charge to the insured. The following statement shall be included with the notice: "Workers' compensation insurance policyholders may register comments about the insurer's loss control consultation services by writing to: State of California, Department of Industrial Relations, Division of Occupational Safety and Health, P.O. Box 420603, San Francisco, CA 94142."
(c) The insurer shall not charge the employer any fee in addition to the insurance premium for the provision of loss control consultation services.
(d) Targeted Employers.
(e) Non-targeted Employers. Loss control consultation services available upon request to non-targeted employers shall, at a minimum, include the following:
EXCEPTION: An insurer may, but is not required, to provide loss control consultation services to any insured whose place of employment does not pose significant preventable health and safety hazards to workers. Criteria for determining that a place of employment does not pose significant preventable health and safety hazards must be clearly identified in the annual plan.
1. New section filed 1-10-94 as an emergency; operative 4-1-94 (Register 94, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-94 or emergency language will be repealed by operation of law on the following day.
2. New section refiled with amendment of subsections (a), (b), and (d) 4-26-94 as an emergency; operative 4-26-94 (Register 94, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-94 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 4-26-94 order transmitted to OAL and filed 10-6-94 (Register 94, No. 40).
Note: Authority cited: Sections 54 and 55, Labor Code; and section 11721, Insurance Code. Reference: Section 11721, Insurance Code.