3 Colo. Code Regs. § 702-5-3-1-5

Current through Register Vol. 48, No. 1, January 10, 2025

Section 3 CCR 702-5-3-1-5 - Rules

A. Minimum Risk Management Standards

A risk management program must comply with the following standards:

1. Designated Medical Provider

a. Employers will designate a medical provider in writing, who:

(1) Has a knowledge of work injuries;

(2) Is knowledgeable of fee schedules;

(3) Is decisive on medical-maximum-improvement determinations;

(4) Communicates with the employer on such issues as case management and wellness programs;

(5) Is knowledgeable of the employers operations.

b. The name of the provider must be posted and well publicized by the employer.

2. A safety coordinator must be appointed by the employer to:

a. Discuss/recommend safety policies;

b. Identify unsafe conditions and practices;

c. Investigate and report accidents;

d. Conduct safety drives.

3. Employers must institute loss prevention rules which are:

a. Clearly defined.

b. Posted in conspicuous areas located throughout the workplace.

4. Employers must have a declaration of risk management policy. This statement should contain the following information:

a. The safety and health of employees and the public are of chief importance;

b. The prevention of accidents is more important than speed or short cuts.

c. Every attempt should be made to reduce the possibility of an accident occurring;

d. Management sign off on the risk management policy;

e. An outline of the responsibilities of employer and employees. All risk management programs must have a designated representative and should have an employee orientation.

5. A loss prevention training program must be established and conducted which involves:

a. Thorough job/task training;

b. Employee sign-off on training;

c. Measures and controls for job safety;

d. On-going job/task training;

e. Training to be conducted by management, trainer or supervisor;

f. Training of key people;

g. The proper use of safety equipment, methods and wear of safety equipment.

6. Employers will implement policies and procedures which:

a. Explain benefits to the injured employee;

b. Assure that the insurance company is contacted in a timely manner;

c. Investigate the accident;

d. Initiate an early back to work program, when possible;

e. Never commit to benefits; merely report the accident to the insurance company;

f. Confirm that the employee was working at the time of the accident/injury;

g. Determine the cause of the accident and develop controls for prevention;

h. Provide for a modified work plan, when feasible;

i. Show concern for injured employees;

j. Reassure injured employees' financial concerns.

B. Risk Management Services

All workers compensation insurers and Pinnacol Assurance are required to provide risk management services which include identifying loss exposures, measuring the size of the exposures and in determining varying degrees in hazards. Furthermore, insurers are to assist insured business entities in selecting techniques to handle exposures, and in establishing and implementing a risk management program which meets the minimum standards of this Regulation.

3 CCR 702-5-3-1-5

38 CR 17, September 10, 2015, effective 10/1/2015

38 CR 18, September 25, 2015, effective 10/15/2015

39 CR 01, January 10, 2016, effective 2/1/2016

39 CR 05, March 10, 2016, effective 4/1/2016

41 CR 01, January 10, 2018, effective 2/14/2018

40 CR 21, November 10, 2017, effective 4/1/2018

41 CR 19, October 10, 2018, effective 11/1/2018

42 CR 18, September 25, 2019, effective 1/1/2020

42 CR 23, December 10, 2019, effective 1/1/2020

44 CR 13, July 10, 2021, effective 6/3/2021

44 CR 08, April 25, 2021, effective 8/1/2021

45 CR 03, February 10, 2022, effective 3/2/2022

45 CR 22, November 25, 2022, effective 12/15/2022

46 CR 11, June 10, 2023, effective 4/27/2023