Or. Admin. R. 437-001-1040

Current through Register Vol. 63, No. 6, June 1, 2024

Section 437-001-1040 - Required Loss Prevention Services

(1) An insurer shall offer to assist in developing a loss prevention plan with each of its employers with a claims frequency or severity greater than its average employer in the same industry. The plan shall promote self-sufficiency on the part of the employer to reduce injuries and illnesses, and shall include a means to identify and control all reasonably discoverable occupational health and safety hazards.

(2) The assistance shall include the following:

(a) Employer notification of the available services.

(b) Perform a workplace hazard survey.

(c) Review of injury records and documentation of activities designed to lead to the reduction of workplace injuries and illnesses.

(d) Assist the employer in developing a written loss prevention plan that is based upon the results of the hazard survey and review of injury records. The plan must at a minimum address the following loss prevention principles:

(A) Management commitment to health and safety;

(B) An accountability system for employer and employees;

(C) Training practices and follow-up;

(D) A system for hazard assessment and control;

(E) A system for investigating all recordable occupational injuries and illnesses that includes written findings and corrective action;

(F) A system for evaluating, obtaining, and maintaining personal protective equipment;

(G) Evaluation of workplace design, work practices, and assistance with job site modifications; and

(H) Employee involvement in the health and safety effort.

(e) Tailor the plan to meet the needs of the employer for reduction of injuries and illnesses while promoting self-sufficiency on the part of the employer.

(3) The insurer's obligation to assist shall end if the employer declines the services offered by the carrier.

(4) The Division may evaluate the insurers' targeted loss prevention services program randomly, however no more frequently than every three years.

Or. Admin. R. 437-001-1040

APD 21-1988, f. & cert. ef. 12-27-88; OSHA 10-1990(Temp), f. & cert. ef. 5-31-90; OSHA 24-1990, f. & cert. ef. 10-10-90; OSHA 7-1992, f. 7-31-92, cert. ef. 10-1-92; OSHA 7-1999, f. & cert. ef. 7-15-99; OSHA 5-2018, amend filed 11/29/2018, effective 12/17/2018

Statutory/Other Authority: ORS 654.025(2) & 656.726(4)

Statutes/Other Implemented: ORS 654.001 - 654.295