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 § 129.402. Program requirements.

§ 129.402. Program requirements.

 (a)  An individual self-insured employer shall maintain an adequate accident and illness prevention program and maintain records for this program for the 3 most current, complete fiscal years. The program shall include the following elements:

   (1)  A safety policy statement.

   (2)  A designated accident and illness prevention program coordinator.

   (3)  Assignment of responsibilities for developing, implementing and evaluating the accident and illness prevention program.

   (4)  Program goals and objectives.

   (5)  Methods for identifying and evaluating hazards and developing corrective actions for their mitigation.

   (6)  Industrial hygiene surveys required by the nature of the individual self-insured employer’s workplace and worksite environments, for example, air quality testing.

   (7)  Industrial health services required by the nature of the individual self-insured employer’s workplace environment, for example, health screenings, substance abuse awareness and prevention training programs.

   (8)  Accident and illness prevention orientation and training.

   (9)  Regularly reviewed and updated emergency action plans.

   (10)  Employee accident and illness prevention suggestion and communications programs.

   (11)  Mechanisms for employee involvement, which may include establishment of a workplace safety committee as described in Subchapter F (relating to workplace safety committees).

   (12)  Established safety rules and methods for their enforcement.

   (13)  Methods for accident investigation, reporting and recordkeeping.

   (14)  Prompt availability of first aid, CPR and other emergency treatments.

   (15)  Methods for determining and evaluating program effectiveness. These may include:

     (i)   Comparison of the individual self-insured employer’s incidence rate as derived using the OSHA/BLS formula to the current OSHA/BLS industry-wide rate published annually in the BLS Survey of Occupational Injuries and Illnesses.

     (ii)   Comparison of individual employer injury and illness rates determined by means of a formula prescribed by the Bureau to current, Statewide rates by industry published annually by the Bureau in the Pennsylvania Work Injuries and Illnesses Report.

     (iii)   Experience modification factor.

     (iv)   Loss ratio.

     (v)   Other methods used by individual self-insured employers deemed appropriate by the Bureau.

   (16)  Protocols or standard operating procedures, when applicable to the workplace and worksite environments for:

     (i)   Electrical and machine safeguarding.

     (ii)   Personal protective equipment.

     (iii)   Hearing and sight conservation.

     (iv)   Lockout/tagout procedures.

     (v)   Hazardous materials handling, storage and disposal procedures.

     (vi)   Confined space entry procedures.

     (vii)   Fire prevention and control practices.

     (viii)   Substance abuse awareness and prevention policies and programs.

     (ix)   Control of exposure to bloodborne pathogens.

     (x)   Preoperational process reviews.

     (xi)   Other protocols as may be appropriate for the individual self-insured employer’s operations.

 (b)  Individual self-insured employers shall maintain records describing the comparison methods chosen from subsection (a)(15) for the most current complete fiscal year and 2 preceding consecutive fiscal years. Those records shall contain at a minimum:

   (1)  The annual calculated rates for the methods chosen.

   (2)  A copy of the calculations used to determine the annual rates.

   (3)  A copy of the sources containing the complete data used in calculating the annual rates.

Cross References

   This section cited in 34 Pa. Code §  129.404 (relating to reporting requirements for applicants for individual self-insurance status).



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