Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6342 (October 1, 2022).

34 Pa. Code § 129.102. Accident and illness prevention services requirements.

§ 129.102. Accident and illness prevention services requirements.

 The Bureau will annually evaluate the following required accident and illness prevention services components for adequacy:

   (1)  Notice of availability of services. Notice that services required by this subchapter are available to the policyholder from an insurer shall appear in at least 10 point bold type and shall accompany each workers’ compensation insurance policy delivered or issued for delivery in this Commonwealth. The notice shall include information about the 5% premium discount available to employers who form a certified workplace safety committee as described in this chapter. The required elements of the notice include the name, address and telephone number of the contact person or department for additional information about the services.

   (2)  Requirements to maintain accident and illness prevention services. An insurer shall have the capacity to provide services that are adequate to furnish accident and illness prevention required by the nature of the insurer’s business or its policyholders’ operations. Capacity to provide services is defined as an insurer having established means to deliver services such as those listed in paragraph (3) based upon anticipated policyholder requests for services or based upon an insurer’s evaluation of policyholder requirements. Capacity to provide services shall be established by an insurer utilizing its own or contracted staff who shall meet the requirements established by the Department as outlined in Subchapter E (relating to accident and illness prevention services providers requirements).

   (3)  Requirements to provide accident and illness prevention services.

     (i)   An insurer shall provide accident and illness prevention services to policyholders who request them or based on the insurer’s determination of the policyholders’ operational requirements. Services shall be provided through an insurer’s own or contracted staff who meet the requirements established by the Department in Subchapter E.

     (ii)   Services include the following:

       (A)   Surveys to identify existing or potential accident and illness hazards or safety program deficiencies. Surveys may, for example, be in the form of an underwriting risk analysis or an onsite review. If the insurer determines through a survey and analysis of survey results that the hazards or deficiencies are present, it shall propose corrective actions to the policyholder concerning the abatement of hazards or program deficiencies identified in the surveys. If one or more imminent danger situations are identified, the insurer shall inquire as to the corrective actions a policyholder has taken and propose further corrective actions if necessary.

       (B)   Providing or proposing corrective actions in the area of industrial hygiene services as requested by the policyholder or as determined by the insurer to meet the policyholders’ operational requirements, for example, air quality testing.

       (C)   Providing or proposing corrective actions in the area of industrial health services as requested by the policyholder or as determined by the insurer to meet the policyholders’ operational requirements, for example, health screenings or substance abuse awareness and prevention training policies and programs.

       (D)   Accident and illness prevention training programs which may include training for safety committee members as outlined under Subchapter F (relating to workplace safety committees).

       (E)   Consultations regarding specific safety and health problems and hazard abatement programs and techniques related to the introduction of new equipment or new materials.

Cross References

   This section cited in 34 Pa. Code §  129.105 (relating to reporting requirements for applicants for licensure).



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