Guest Post by:
David Galt
Senior Legal Editor
Business & Legal Resources, Inc.
There’s been a lot of discussion and concern voiced about OSHA’s proposal to require many businesses to create a formal injury and illness prevention program. Perhaps it would be a good idea to look at the states that already require certain businesses to have an I2P2 and what impact the programs have had on the businesses that are required to adopt the programs.
OSHA Secretary Michaels recently said in a Department of Labor web chat about the Obama budget that in 2012, OSHA will propose a rule that would require most employers to establish a formal injury and illness prevention program. Ever since OSHA announced earlier this year its intention to propose such a rule, there’s been a lot of concern and strong opposition to it from the business community.
All the discussion about the proposal prompted me to review the I2P2 rules in the states that already require employers to adopt such plans, and a few more states that provide workers’ compensation incentives for employers that voluntarily adopt them.
Some States Already Require a Form of I2P2
There are 22 states that require a written injury and illness prevention program for certain industries, mostly as a requirement for worker’s compensation insurance coverage. Many of those states also offer discounts on workers’ compensation premium rates of up to 5 percent for qualifying organizations that adopt and implement written safety and health programs.
Some states, like California and Washington, require most workplaces to have a written plan regardless of workers’ compensation coverage, and other states only require them for “high hazard” industries like those conducting a lot of electrical or hazardous chemical handling work. Each state calls them something different; common names are Injury and Illness Prevention Program, Accident Prevention Program, and Loss Control Program
Some states only require the written plan for employers with worker’s comp experience modification rates, or EMRs, above a threshold that indicates a high-hazard workplace. For example, many states set an EMR threshold of 1.2—at or over that limit will trigger the written plan requirement.
Compliance Assistance Key to Implementation
In the states with regulatory requirements for formal safety plans, the rules also direct the regulatory agency or workers’ compensation insurer to provide considerable compliance assistance to each employer to help them create and implement the plan.
Secretary Michaels said during the web chat that leading up to the proposed rule OSHA will conduct extensive site surveys and economic and feasibility analyses to ensure that a rule is developed so that employers of all sizes can easily comply with it. In addition, OSHA plans to develop compliance assistance materials to help small and large employers develop prevention programs.
So if OSHA’s proposed rule does move forward, it won’t be anything new for many employers in states that already have rules in place that require the plans. But a big issue for businesses in states without such laws will be whether OSHA will provide the level of assistance to employers that state rules require workers’ compensation insurers to give to help them develop and implement their plans.
Click here for tips and considerations for developing your own I2P2 for a high hazard employer.
You can find detailed discussions of formal injury and illness prevention programs on Safety.BLR.com through the following links:
An Easy Way to Write Your Safety Plans
OSHA Announces Steps Toward Injury and Illness Program Rule
Safety Plans