La. Admin. Code tit. 40 § I-907

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-907 - Classes and Components of Safety Plan

A. The two classes of operating safety plans and their minimum requirements shall be as follows.

1.Class A- The Class A Safety Plan is required when the employer's Workers' Compensation premium rate is over $5 premium per $100 of payroll for the major job classification or the job classification with the highest amount of payroll. The minimum requirements are as follows.

a. Management Policy Statement. This document shall be signed by the top executive of the company acknowledging management's responsibility and commitment to a safety plan and their intention to comply with all applicable local, state and federal safety requirements and appropriate industry standards. Management shall commit resources, responsibility and accountability to all levels of management and to each employee for the safety program.

b. Responsibility for safety shall be defined in writing for executive and middle level operating management, supervisors, safety coordinator and employees.

c. Inspections shall be made of all areas of the work place at least monthly by a supervisor at the site. A written report (checklist or narrative) is to be completed for each inspection, with this report to be retained for a period of one year. The report will be designed to cover the identification of recognized unsafe conditions, unsafe acts and any other items inherent in a particular job. The form will include a space to indicate any corrective action taken. The responsibility for the correction of defects is to be designated by management.

d. Accident Investigation

i. An accident investigation of any job related injury that requires a visit to a clinic or physician shall be initiated by the injured employee's supervisor as soon as possible on the shift the accident occurs. The accident investigation report will include information required to determine the basic causes of the accident by asking the questions who, what, where, who, when and how. Corrective action to be taken and/or recommended to prevent a recurrence of a similar accident will be implemented. Complex accidents may require technical assistance to ensure an accurate investigation, however, the injured employee's supervisor should be included on the investigation team.

ii. The accident investigation report shall include information on the injured person, his or her job, what happened, basic causes, corrective actions required, the time frame to make corrections and who will be responsible for seeing that corrections are implemented.

e. Safety Meetings

i. Safety meetings shall be held by a supervisor with all of his/her employees on a monthly basis. A record will be kept showing the topics discussed, date of meeting and the names of the persons attending.

ii. Safety meeting topics will be designed to instruct the employee on how to perform his job productively, efficiently and safely. Hazard recognition and hazard control procedures; selection, use and care of personal protective equipment; job procedures review and good housekeeping are examples of the information employees should receive at a safety meeting.

iii. A review of the recent work area inspection results, the workers' compliance with safety procedures, and the accident investigations that occurred since the last safety meeting should be covered in the safety meeting.

f. Safety Rules. Management shall develop specific safety rules that apply to the operations being performed. The rules should be short, concise, simple, enforceable and stated in a positive manner. The safety rules are to be followed and adhered to by all management personnel and all employees. The rules shall be written with a copy provided to each employee and documented.

g. Training. Management shall implement a training program that will provide for orientation and training of each new employee, existing employees on a new job or when new equipment, processes or job procedures are initiated. The training provided will consist of, but not limited to, the correct work procedures to follow, correct use of personal protective equipment required and where to get assistance when needed. This training should be accomplished by the employee's supervisor but may be done by a training specialist or an outside consultant such as a vendor or safety consultant. Training shall be provided to all persons in operating supervisory positions in conducting safety meetings, conducting safety inspections, accident investigation, job planning, employee training methods, job analysis and leadership skills.

h. Record Keeping. In addition to OSHA logs which are retained for five years (federal requirement), each firm shall maintain other safety records for a period of one year from the end of the year for which the records are maintained (state requirement). These will include inspection reports, accident investigation reports, minutes of safety meetings, training records and the LDET-WC-1071A Form.

i. First Aid. Management shall adopt and implement a first aid program which will provide for a trained first aid person at each job site on each shift. A first aid kit with proper supplies for the job exposures will be maintained and restocked as needed. Emergency phone numbers for medical services and key company personnel must also be maintained.

j. Emergency Preparedness Program

i. Management shall develop a written emergency preparedness plan to ensure to the extent possible the safety of all employees, visitors, contractors and vendors in the facility at the time of emergency situations, such as but not limited to natural disasters, fire, explosions, chemical spills and/or releases, bomb threats and medical emergencies. Emergency shutdown and start-up procedures will be developed in industries having equipment that requires several steps to properly shutdown and secure. Employees shall be trained in these procedures to reduce the incidences of additional injuries, property damage and possible release of hazardous materials to the environment. Emergency plans shall comply with all governmental regulations and state and local emergency response committee requirements.

ii. All employees and contractors shall be trained in the facility's emergency plan. A facility training drill will be conducted at least annually to test the emergency plan. The emergency plan will be reviewed annually and revised as required. Employees shall be trained in the updated emergency plan. Monthly inspections of all access and egress aisles and doors will be conducted to determine that they are clear, unobstructed and operable. Evacuation routes shall be posted in all work areas showing primary and secondary routes for employees' evacuation to a safe predetermined location for a head count.

2.Class B- The Class B Safety Plan is required when the employer's Workers' Compensation premium rate is $5 premium or less per $100 of payroll for the major job classification or the job classification with the highest amount of payroll. The minimum requirements are as follows:

a. management policy statement-the same as Class A;

b. definition of responsibility-the same as Class A;

c. inspections-the same as Class A except that inspections are required to be conducted quarterly;

d. accident investigation-the same as Class A;

e. safety meetings-the same as Class A except that safety meetings are required to be conducted quarterly;

f. safety rules-the same as Class A;

g. training-the same as Class A;

h. record keeping-the same as Class A;

i. first aid-the same as Class A;

j. Emergency Preparedness Program-the same as Class A.

3. Note: The above items listed for Class A and Class B plans are considered to be the minimum requirements and should be referred to as such. Obviously, we would all like to see such items as planning, cost containment procedures, setting of objectives, performance evaluations, incentive programs, etc. included in an employer's safety plan.

4. The minimum requirements are in no way intended to require the revision of existing company safety plans that have demonstrated proven performance in the past. Any company that has a plan which meets or exceeds these minimum requirements may submit its plan to the director for review and acceptance.

La. Admin. Code tit. 40, § I-907

Promulgated by the Department of Labor, Office of Workers' Compensation Administration, LR 11:779 (August 1985), repromulgated LR 13:308 (May 1987), repromulgated by the Department of Employment and Training, LR 17:177 (February 1991), amended by the Department of Labor, LR 19:756 (June 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1291.