FAQ Workers Compensation

What is an Assessment Billing Notice from the Division of Occupation Safety and Health (DOSH) and why did we receive one?
When you generate an Experience Modification of 125% or greater in a particular year, you receive an Assessment Billing Notice from the Division of Occupation Safety and Health (DOSH) for that year. The assessment is based on your total payroll for the year, and the money goes into the Cal/OSHA Targeted Inspection and Consulting Fund.


Can you explain the Cal/OSHA Targeted Enforcement and Consultation Programs?
The Department of Industrial Relations (DIR) identifies employers with Experience Modifications of 125% as High Hazard Employers which are subject to an occupational safety and health inspection by Cal/OSHA Enforcement.  The DIR offers employers an option to avoid a Cal/OSHA Enforcement Program inspection by electing to request the services of the Cal/OSHA Consultation Service. (The State of California’s Consultation Service is separate from Enforcement.) The Consultation Service provides priority, no-cost assistance to employers targeted for inspection. The Cal/OSHA Consultation Service helps employers focus on reducing injuries and correcting unsafe conditions and violations of occupational safety and health standards without issuing any citations or penalties.


Is the definition of an Independent Contractor the same for Workers Compensation as it is for the IRS?
No, the definition of an Independent Contractor for Workers Compensation purposes is quite different than the IRS definition. Issuing a 1099 for a contractor doesn’t meet the requirements for Workers Compensation. The basic question for Workers Compensation is: Who is controlling the task to be performed?


How do I cover volunteers with workers compensation insurance?
Covering volunteers on your Workers Compensation policy can be expensive. One solution we recommend is to purchase an Accident Policy that compliments your Workers Compensation coverage.


Do I need an Injury and Illness Prevention Plan (IIPP)?
Yes. Even employers with one employee must have a written plan. The requirements for an IIPP vary from simplified programs for employers with only a few employees to complex programs for high hazard industries.


Do I need to maintain an OSHA 300 Log?
It depends. The requirement to maintain an OSHA 300 Log is based on the number of employees you have in a calendar year, your Standard Industrial Classification (SIC) code, and/or if you have been required by an official entity, in writing, to keep the Log.