PENNSYLVANIA ASSOCIATION OF SCHOOL BUSINESS OFFICIALS

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PENNSYLVANIA ASSOCIATION OF SCHOOL BUSINESS
OFFICIALS

• THE CERTIFIED SAFETY COMMITTEE GETTING IT
  RIGHT
• Scott G. Weiant, Manager
• BUREAU OF WORKERS COMPENSATION
• HEALTH AND SAFETY DIVISION
• Certification and Education Section
• Valley Forge Convention Center
• March 09, 2004

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• SESSION TOPICS
• Health Safety Regulation Mandates
• Committee Training Compliance Mandates, and
  Resources
• Safety Committee Review Procedures (Audit)
• Questions and Answers

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Pennsylvania Certified Safety Committees

• 1993 Workers Compensation Act Amended
• Article of Amendment, Article X, Portion of the
  Workers Compensation act that relates to Health
  Safety
• Article X established For a 5 Policy Premium
  Discount for Maintaining and Certifying a
  Workplace Safety Committee
• Amendments to Article X provided for a total of
  5 premium Discount periods. With the passage of
  Legislation on December 09, 2002, the premium
  discount periods allowable by employers was
  expanded to allow unlimited discount periods.
• (Assuming that all mandated compliance
  requirements have been maintained)

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Safety Committee Certification Report
January 10, 2005 BOX SCORE 5,928
Initially Certified Committees 819,614 Covered
Employees (Over 14 of total PA
workforce) Certified Committees Renewed 1st -
5,034 2nd 4,344 3rd 3,746 RENEWAL 4th
3,105 5th 2,267 6th 1,531 7th - 343
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Approximate Cumulative Employer Premium Savings
(As of
January 10, 2005)Total Savings 178, 979,616
Initial Savings
Renewal Savings
46,357,935
132,621,681
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• Submitting Your Application
• An Applicant-Employer Desiring to Apply for
  Certification Shall File Form LIBC-372 (Initial
  Application)
• Applications Shall be Submitted to the Bureau
  Between 90 and 30 calendar Days Prior to the
  Annual Renewal of a Workers Compensation Policy,
  or Self-Insurance Renewal Year, or Group
  Self-Insurance Fund Year

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• Submitting Your Application
• An Applicant-Employer Shall File One (1)
  Application which Shall Incorporate all of the
  Applicable Applicant-Employer Workplaces Within
  This Commonwealth

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• Pre-Certification Period
• Be In Existence and Operating According to
  Requirements, for Six (6) Months Prior to
  SIGNING, DATING, and SUBMISSION of the
  Application
• Requirements Including Proper Committee Make-up,
  Committee Representation(represent all primary
  operations), Monthly Meetings(with quorum),
  Agenda, Meeting Minutes (communicated), Meeting
  Attendance Lists, Membership List, and adherence
  to all mandated Training Requirements Prior to
  Submitting the Initial Application
• All Committee Mandates Apply During the
  Pre-Certification Period

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• Mandated Certified Safety Committee Functions
  Responsibilities

• The committee(s) shall
• Have A Quorum Of Committee Members Attend Each
  Meeting
• Take, maintain and communicate committee meeting
  minutes
• Develop and Maintain Membership Lists
• Maintain Meeting Attendance Lists
• Annually Train All Committee Members (Hazard
  Detection, Incident Investigation, Safety
  Committee Structure and Operation)
• Maintain Committee Records for Five Years

• The committee(s) shall
• Reasonably represent all of the job activities of
  the workplace it represents
• Be comprised of employer-representatives and
  employee-representatives
• Perform Hazard Detection
• Discuss Employee Safety Concerns
• Review Incident Investigations
• Hold Monthly Meetings

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Mandated Certified Safety Committee Functions
Responsibilities

• Be Comprised of a Minimum of Two (2)
  Employer-Representatives and Two (2)
  Employee-Representatives
• Employer-Representatives are Individuals who,
  Regardless of Job Title or Labor Organization
  Affiliation, Possess the Authority/Responsibility
  to
• Select or Hire an Employee
• Remove or Terminate an Employee
• Direct the Manner of Employee Performance
• Control the Employee

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Mandated Certified Safety Committee Functions
Responsibilities

• Be Comprised of a Minimum of Two (2)
  Employer-Representatives and Two (2)
  Employee-Representatives
• Employee Representatives are Individuals Who
  Perform Services for an Employer for Valuable
  Consideration and do not Possess any Authority or
  Responsibility described in the Previous Slide

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Committee Formation and Membership

• An Applicant-Employer who has Only One (1)
  workplace within this Commonwealth Shall Form a
  Single Workplace Safety Committee
• An Applicant-Employer who has More Then One (1)
  Workplace Within this commonwealth may form
  either a Single Centralized Committee
  Representing Each of its Workplaces, Or Separate
  and Individual Safety Committees at Each
  Workplace Within this Commonwealth

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The Workplace Safety Committee Shall Have
Responsibilities Including

• Reviewing the Applicant-Employers Hazard
  Detection and Accident Illness Prevention
  Programs, and Formulating Written Proposals
• Establishing Procedures for Periodic Workplace
  Inspections by the Safety Committee.
  Identification of Hazards Shall be documented in
  Writing, and the Committee Shall Make Proposals
  to the employer regarding Correction

• Conducting Follow-up Evaluations of Newly
  Implemented Health Safety Equipment or Health
  Safety Procedures to Assess their Effectiveness

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The Workplace Safety Committee Shall Have
Responsibilities Including

• Conducting Review of Incidents Resulting in Work
  Related Injuries and Illness, Work Related
  Deaths, (Near Miss Incidents) and Complaints
  Regarding Health Safety Hazards Made by
  Committee Members or Other Employees
• Develop and Maintain Membership Lists
• A Quorum Of Committee Members Must Meet at Least
  Monthly
• Develop a Written Agenda For Each Committee
  Meeting
• Maintain Committee Meeting Attendance Lists

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The Workplace Safety Committee Shall Have
Responsibilities Including

• Take and Maintain Minutes of Each Committee
  Meeting, Copies of Minutes shall be Sent to All
  Committee Members, and Posted or Made Available
  to All Employees
• Develop/Document Operating Procedures (Rules,
  By-Laws, Prescribing the Committee
  Responsibilities)
• Make decisions by Majority Vote

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Certification Renewal Procedures

• Employers Must Submit their Renewal Affidavit to
  the Bureau Between 90 and 15 Days prior to the
  Annual Workers Compensation Policy Renewal Period

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Committee Member Training

• All Committee Members Listed as Official
  Committee Members Must Receive Training Prior to
  Submitting the Application, and Annually
  Thereafter
• Training Must at a Minimum Include the Three
  Required Topics Safety Committee Operation,
  Hazard Identification, Accident Illness
  Prevention and Investigation
• Training Shall Be provided By a Qualified
  Instructor
• The Applicant-Employer Shall Maintain Written
  Records Of safety Committee Training

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Bureau Recognized Qualified Trainer/Instructor
Information

• All Individuals Providing Training for Safety
  Committee Certification Mandates Must possess one
  of the Seventeen (17) Bureau Recognized
  Qualifications, or Meet the Bureaus Instructor
  Criterion

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Bureau Recognized Qualified Instructor Criterion
The Individual must have at least one (1) year of
instructional experience. This experience must be
in the presentation of material in a class
environment and must be related to orderly
presentation of subject matter. Required to be
submitted Documentation must be submitted that
explains how and where this experience was
obtained. The Individual must be able to provide
documentation supporting subject knowledge for
each of the courses for which experience
recognition is being requested. This experience
must demonstrate the individuals knowledge of
each of the required safety committee training
subjects Required to be submitted
Documentation must be submitted that explain how
and where subject knowledge was acquired.  
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Bureau Recognized Qualified Instructor Criterion
Must have experience instructing the individual
courses for which the request for experience
recognition is being made during the 12 month
period prior to the date this information is
provided. The individual must have presented a
class in each of the subjects for which
recognition is being requested during the past 12
months prior to the date the information is being
submitted to the Bureau for review. Required to
be submitted Documentation must state where and
when the each of the subject was presented
during the 12 month prior to the date this
information is submitted.  All submitted
information is subject to verification. Documenta
tion of Experienced Should Be Forwarded To The
Attention Of   Mr. Harold E. Redding,
Manager Report Processing and Audit
Section Bureau of Workers Compensation 11
71 S. Cameron St. Harrisburg, PA 17104
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SAFETY COMMITTEE REVIEW PROCEDURES (AUDIT)

• EMPLOYER REVIEW SELECTION PROCEDURES
• Random Selection Primary Process Utilized
• Target Review Results from a Substantiated
  Complaint, or Reviewer Generated Audit
  Recommendation relating to an Identified
  Issue(s).
• Once selected, an employer receives a 30-day
  notification that the on-site review will occur
  to allow the employer to prepare.
• RECORD REVIEW
• The Auditor will conduct an opening conference
  explaining how the employer was selected, the
  review (audit) procedure, and that there will be
  a closing conference at the end of the Review
  (audit)
• During the on-site review, all information
  relating to the functioning of the committee for
  each certification period within the previous
  five (5) years is reviewed. This information
  includes meeting minutes, agendas, meeting
  attendance lists, membership lists, and all
  training records/information, etc.
• Information will be reviewed by individual yearly
  policy periods

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SAFETY COMMITTEE REVIEW PROCEDURES (AUDIT)

• CLOSING CONFERENCE
• At the conclusion of the Review, a Closing
  Conference will be conducted During this
  Conference the Auditor will explain any
  Non-Compliance Issues that Have Been Identified,
  If any exist
• Non-Compliance Issues will be explained by
  Certification Period, and each specific issue
  will be communicated
• All Outstanding Questions and Concerns will be
  Addressed
• Written REPORT
• During the Closing Conference the Employer is
  Informed that a Written Report of Review will be
  Completed and Provided to the Employer. An
  official and final report summarizing the on-site
  review, along with a cover letter providing
  additional instructions if applicable, is
  forwarded to the employer.It is Explained that
  the Written Report Will be mailed upon
  Completion. The Written Report would Include any
  Non-Compliance Issues that Have Been Identified,
  If any exist

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SAFETY COMMITTEE REVIEW PROCEDURES (AUDIT)
If a certified safety committee was found to be
non-compliant for any of the certification
periods, certification status could be revoked.
If this occurs, the employer will have to
complete and submit an initial certification
application and all required supporting
documentation to provide proof that the committee
again meets requirements and is, therefore,
eligible to again be granted certification
status. (Discuss Substantial Compliance
Procedure) If the initial application can be
submitted within specified timeframes (60 days
from the date of a revocation letter), the
employer may not experience any loss of the 5
premium discounts.
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SAFETY COMMITTEE REVIEW PROCEDURES (AUDIT)
The Report Processing Audit Section has
conducted on-site reviews of fewer than 2 of all
certified workplace safety committees. A
majority of these committees have not be able to
show that certification requirements have
continued to be met through renewal cycles for
which 5 premium reductions have been granted,
and certification has been revoked.  
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SAFETY COMMITTEE REVIEW PROCEDURES (AUDIT)

• The two most frequent non-compliance issues are
• Failure to hold monthly safety committee
  meetings
• Failure to conduct annually required safety
  committee member training in Hazard Detection and
  Inspections, Accident and Illness Prevention and
  Investigation, and Safety Committee Structure and
  Operation

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QUESTIONS ANSWERS
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• Contacts and Web Addresses
• The Bureau's Health Safety Division personnel are
  available to answer any questions you may have
  regarding completion of the application. And,
  they will provide guidance in the structure and
  development of committees. Contact these
  members of the
• Certification Section staff
• Steve Miner
• Chatana Purdy
• Wendy Cooper
• Scott Weiant
• EMPLOYER HELPLINE 717-772-3702

• Telephone Number 717-772-1635 Fax
  717-772-1639 E-mail sminer_at_state.pa.us
• chpurdy_at_state.pa.us
• wecooper_at_state.pa.us
• sweiant_at_state.pa.us

• PA Home Page www.state.pa.us.
• CLICK PA PowerPort
• Keywords workplace safety