24.30.2554    WAIVER OF SAFETY COMMITTEE REQUIREMENTS FOR GROUP PLAN NO. 1 SELF-INSURERS

(1) A group plan no. 1 self-insurer whose members are subject to the requirement of having a safety committee may request a waiver of that requirement from the department.

(2) The department may grant a waiver of the safety committee requirement to a plan no. 1 self-insurer if the self-insurer presents sufficient evidence that it has an effective safety program. Such a waiver is valid for one year, and may be renewed. If the self-insurer is a member of the Montana self-insurers guaranty fund, the decision of the department to grant a waiver is not effective unless the Montana self-insurers guaranty fund concurs in the decision.

(3) The self-insured group may seek either a waiver for all members of the group or only for certain individual members of the group. The decision on the scope of the waiver request lies solely within the discretion of the self-insured group.

(4) The self-insurer seeking a waiver must prove the existence of an effective safety program. Evidence must include, but need not be limited to, proof of the following:

(a) if the request is for an individual employer that is a member of the group:

(i) the employer has a written safety plan that complies with the provisions of the Montana Safety Culture Act and the rules implementing the Act;

(ii) documentary evidence of employee participation in the safety program; and

(iii) a 3-year average lost workday incidence rate for occupational injuries and illnesses that is not greater than 55% of the current average incidence rate for Montana entities with the same 2-digit SIC code; or

(b) if the request is for the group as a whole:

(i) each member of the group has a written safety plan that complies with the provisions of the Montana Safety Culture Act and the rules implementing the Act;

(ii) documentary evidence of employee participation in the safety program; and

(iii) each member has an individual 3-year average lost workday incidence rate for occupational injuries and illnesses that is not greater than 55% of the current average incidence rate for Montana entities with the same 2-digit SIC code.

(5) A group self-insurer that calculates experience modification factors in substantial accordance with the methodology used by the workers' compensation advisory organization designated pursuant to 33-16-1023 , MCA, may use experience modification factors in lieu of the average lost workday incidence rate provided in (4) (a) (iii) and (4) (b) (iii) . If an experience modification factor is used, a waiver will not be granted if the factor is greater than .87.

(6) If the self-insurer disagrees with a department decision not to grant a waiver, the self-insurer may request a contested case hearing.

History: Sec. 39-71-1505 MCA; IMP, Sec. 39-71-1505 MCA; NEW, 1996 MAR p. 445, Eff. 2/10/96.