(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 Section 5 of this chapter 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, and/or an employer has 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 the 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.
(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) abates 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.
(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) abates 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.
(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) abates 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; 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.
(v) The 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)
submits 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.
