Okla. Stat. tit. 36, § 36-924.2

Reduced premium charges for successful participation in occupational

safety and health programs - Qualification - Certificate - Records.

A. Any rate, schedule of rates or rating plan for workers'

compensation insurance submitted to or filed with the Insurance

Commissioner, or fixed by the Board of Directors of CompSource

Mutual Insurance Company, and premiums, by whatever name, for

workers' compensation for self-insureds except for group self-

insured associations shall provide for an appropriate reduction in

premium charges, by whatever name, for those eligible insured

employers who have successfully participated in the occupational

safety and health consultation, education and training program

administered by the Commissioner of the Department of Labor pursuant

to Section 414 of Title 40 of the Oklahoma Statutes.

B. All insurance companies writing workers' compensation

insurance in this state and all self-insureds providing workers'

compensation insurance except for group self-insured associations,

shall allow an appropriate reduction in premium charges to all

eligible employers who qualify for the reduction pursuant to the

provisions of this section.

C. Eligible employers shall be those employers:

1. Who are insured by an insurance company writing workers'

compensation insurance in this state; or

2. Who are self-insured.

D. In order to qualify for the reduction in workers'

compensation insurance premium, an employer shall successfully

participate annually in the occupational safety and health

consultation, education and training program administered by the

Department of Labor. Successful participation shall be defined as:

1. Undergoing a safety and health hazard survey of the

workplace, including an evaluation of the employer's safety and

health program and onsite interviews with employees by the

Department's consultant;

Oklahoma Statutes - Title 36. Insurance Page 207

2. Correcting all hazards identified during the onsite visit

within a reasonable period of time as established by the Department;

3. Establishing an effective workplace safety and health

program and implementing program provisions within a reasonable

period of time as established by the Department. The program shall

include:

a. demonstration of management commitment to worker

safety and health,

b. procedures for identifying and controlling workplace

hazards,

c. development and communication of safety plans, rules

and work procedures, and

d. training for supervisors and employees in safe and

healthful work practices;

4. Reducing by one-third (1/3) or more the extent to which the

lost workday case rate, as measured by the Department of Labor, was

above the national average for the industry at the time the employer

elected to participate in the occupational safety and health

consultation, education and training program, or maintaining a rate

at or below the national average for the industry; and

5. Documenting a reduction in workers' compensation claims for

the preceding year by showing one of the following:

a. a ten percent (10%) reduction in the dollar amount of

claims,

b. a ten percent (10%) reduction in the severity of

claims, or

c. no reported claims,

as a result of attending the occupational safety and health

consultation, education and training program administered by the

Department of Labor.

E. 1. Upon successful participation in the occupational safety

and health consultation, education and training program as defined

in subsection D of this section, an employer shall be issued a

certificate by the Commissioner of the Department of Labor which

shall be the basis of qualification for the reduction in workers'

compensation insurance premium, by whatever name. The certificate

shall qualify the employer for a premium reduction for a one-year

period.

2. Upon issuance of a certificate to an employer, the

Commissioner of the Department of Labor shall mail a copy of the
d a

certificate by the Commissioner of the Department of Labor which

shall be the basis of qualification for the reduction in workers'

compensation insurance premium, by whatever name. The certificate

shall qualify the employer for a premium reduction for a one-year

period.

2. Upon issuance of a certificate to an employer, the

Commissioner of the Department of Labor shall mail a copy of the

certificate to the employer's insurer. Any insurer required by this

section to allow an appropriate reduction in premium charges to a

qualified employer which willfully fails to allow such reduction

after receiving a copy of the certificate shall be subject, after

notice and hearing, to an administrative fine, imposed by the

Insurance Commissioner, which shall be not less than Ten Thousand

Dollars ($10,000.00) or three times the amount of the premium

Oklahoma Statutes - Title 36. Insurance Page 208

reduction, whichever is greater. The Insurance Commissioner shall

promulgate rules necessary to carry out the provisions of this

paragraph.

F. The Insurance Commissioner and the Administrator of the

Workers' Compensation Court shall maintain records documenting

reductions in workers' compensation insurance premiums granted

pursuant to this section and shall make an annual report of such

reductions to the President Pro Tempore of the Senate and the

Speaker of the House of Representatives by May 1 of each year.

Insurers shall report such premium reductions in their annual

statement.