W. Va. Code R. § 85-23-4

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 85-23-4 - Tier One: Focus Program Employer
4.1. Notification. The commission shall notify all employers whose performance criteria falls within the focus program employer classification. The commission shall include in such notification an analysis of the occupational injuries and diseases incurred by the employer and a list of qualified safety consultants and agencies.
4.2. Seminar. All focus program employers must attend a seminar on basic safety programs sponsored or approved by the commission.
4.3. Reports. The workers' compensation commission shall provide a report to each focus program employer at the conclusion of each review period. The report shall detail claims information for the review period.
4.3.1. The focus program employer shall provide a copy of each report required under this section to all bargaining units or bargaining agents representing the employees.
4.4. Reclassification. The commission shall review the employer's performance criteria at the conclusion of each review period. Such review shall be completed within thirty (30) days following the conclusion of the review period.
4.4.1. When an employer's performance criteria is below the evaluation criteria for a focus program employer for two (2) consecutive review periods, the employer shall no longer be classified as a focus program employer and shall not be subject to further review, unless the performance criteria rises above the evaluation criteria for two consecutive review periods.
4.4.2. The focus program employer must show continued safety improvement to maintain the classification of focus program employer. The focus program employer shall be reclassified, subject to the discretion of the commission under section eight, as a target program employer if, (1) measurable safety improvement is not made by the focus program employer over three review periods, or (2) the employer's experience modification factor exceeds the criteria for a focus program employer.
4.5. Notification of reclassification. The commission shall notify all employers who are reclassified as a target program employer under these provisions. The notification shall include the reason for such reclassification as well as that material required under the notice provisions for a target program employer.

W. Va. Code R. § 85-23-4