Montana § 39-71-1505 - Rulemaking Authority

§ 39-71-1505. Rulemaking Authority

Rulemaking authority. The department shall adopt rules, including but not limited to rules that require: (1) each employer to conduct an educational-based safety program, including but not limited to: (a) a safety training program to provide: (i) new employee general safety orientation; (ii) job- or task-specific safety training; and (iii) continuous refresher safety training, including periodic safety meetings; (b) periodic hazard assessment, with corrective actions identified; and (c) appropriate documentation of performance of the activities; and (2) an employer of more than five employees to have a comprehensive and effective safety program, including but not limited to: (a) subject to subsection (3), a safety committee composed of employee and employer representatives that holds regularly scheduled meetings; (b) procedures of reporting and investigating all work-related incidents, accidents, injuries, and illnesses; and (c) policies and procedures that assign specific safety responsibilities and safety performance accountability. (3) The department may adopt rules authorizing: (a) a plan No. 2 or plan No. 3 insurer to waive the requirement in subsection (2)(a) for a safety committee if the employer presents sufficient evidence of an effective written safety plan and has a satisfactory modification factor, if applicable, or has a low incident record of injuries; or (b) the department to waive the requirement in subsection (2)(a) for a safety committee if a plan No. 1 insurer approved by the department presents sufficient evidence of an effective safety program, including a written safety plan. A waiver granted under this subsection (3)(b) to a member of the self-insurers guaranty fund must be made with the concurrence of the fund.