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2021 Florida Statutes Title XXXI - Labor Chapter 440 - Workers' Compensation 440.1025 - Employer Workplace Safety Program in Ratesetting; Program Requirements; Rulemaking.
(1) For a public or private employer to be eligible for receipt of specific identifiable consideration under s. 627.0915 for a workplace safety program in the setting of rates, the employer must have a workplace safety program. At a minimum, the program must include a written safety policy and safety rules, and make provision for safety inspections, preventative maintenance, safety training, first-aid, accident investigation, and necessary recordkeeping. The department may adopt rules for insurers to utilize in determining employer compliance with the requirements of this section.
(2) The division shall publicize on the Internet, and shall encourage insurers to publicize, the availability of free safety consultation services and safety program resources.
History.—s. 9, ch. 2001-91; s. 471, ch. 2003-261; s. 9, ch. 2003-412.
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Work Comp Associates, Inc.
Florida's Premier Source for Workers Comp Coverage & Information
Call Us Today 844-922-3592
Workplace Safety Credit Program
Available discount: 2%, requirements:.
The State of Florida has provided a credit for the creation of a workplace safety program. A copy of the program must be submitted to the insurance carrier providing coverage for certification.
In order to qualify for the credit, the program must consist of the following items:
A Written Safety Policy
Necessary Record Keeping
Provision for Safety Inspections
A new application is required every year at the renewal of your workers' compensation insurance policy in order for the credit to continue.
The statutes also provide for the voluntary imposition of a surcharge of up to 10% on the premium of a policyholder that fails to implement a safety program, if that policyholder has been required to implement one. This is not a common measure, as insurance carriers are more apt to simply cancel for failure to follow safety/loss control recommendations.
We will be glad to assist you with the creation of your workplace safety program. It is part of the services we provide to all of our clients at Work Comp Associates, Inc.
State Statute reference: 440.1025E
Quotes for Florida Workers Compensation Insurance
Workers Compensation Premium Credits & Discounts
In Florida, there are three premium credit programs available to employers to reduce the cost of workers’ compensation insurance. These programs need to be put in place by the business and then certified by their workers’ compensation company and the credit is applied to the policy’s premium. The business must also reapply for these credits each policy year. There is a brief description of each credit below and a link to learn more about putting the program in place for your business and the forms that you need to complete to be certified and receive the credit.
Safety Program Premium Credit
There is a 2% premium credit available for employers who have certified that they have established a workplace safety program that meets or exceeds the provisions provided for in Section 440.1025 of the Florida Statutes.
Certification is required for each year in which premium credit is permitted under this program and is based upon evidence contained in the file of the insurer at the time the credit is allowed.
Drug Free Workplace Premium Credit
There is a 5% premium credit available for employers who have certified that they have established a drug-free workplace in accordance with rules as established by the Division of Workers’ Compensation of the Florida Department of Financial Services.
The premium credit is applied to the insured’s policy pro rata as of the date of receipt of certification by the carrier. Self-certification by the employer may be accomplished by completing Florida Form 09-1 and is subject to physical verification by the insurer.
FCCPAP stands for the Florida Contracting Premium Adjustment Program. Employers in Florida with contracting classifications and a payroll composed of wages greater than $10.00 per hour may qualify for this additional credit ranging from 5% to 25%.
Florida Statute 440
The Workers Comp Law
Work Comp Exemptions
Exclude Owners & Officers
Florida Workers Comp Specific
Find the latest information and rates about the class codes on your workers compensations insurance policy. These are used to categorize your employees by job duty.
2022 Florida Workers Comp Rates
View the New Rates
Workers compensation rates change each year. Find out whether the rates for your class codes are increasing or decreasing from last year.
The manual rates are issued by the Florida Office of Insurance Regulation after being analyzed by the National Council on Compensation Insurance (NCCI).
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Florida Statutes 440.1025 – Employer workplace safety program in ratesetting; program requirements; rulemaking
Terms used in florida statutes 440.1025.
- Accident : means only an unexpected or unusual event or result that happens suddenly. See Florida Statutes 440.02
- Department : means the Department of Financial Services; the term does not include the Financial Services Commission or any office of the commission. See Florida Statutes 440.02
- Division : means the Division of Workers' Compensation of the Department of Financial Services. See Florida Statutes 440.02
- Employer : means the state and all political subdivisions thereof, all public and quasi-public corporations therein, every person carrying on any employment, and the legal representative of a deceased person or the receiver or trustees of any person. See Florida Statutes 440.02
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Contact the office nearest you.
Osha area office.
These federal OSHA offices cover private sector employers and workers in Florida:
Fort Lauderdale Area Office
(954) 424-0242 (954) 424-3073
Jacksonville Area Office
(904) 232-2895 (904) 232-1294
Tampa Area Office
(813) 626-1177 (813) 868-5222
Mobile Area Office
(251) 441-6131 (251) 441-6396
Orlando Area Office
(407) 897-4740 (407) 897-4754
On-Site Consultation Program
Florida On-Site Consultation Program
What is an On-Site Consultation Program?
An On-Site Consultation Program offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites. On-site consultation services are separate from enforcement and do not result in penalties or citations. At an employer's request, a consultant from a state agency or university will visit a workplace to help identify hazards and make recommendations on possible solutions, provide advice on compliance with OSHA standards, and assist in establishing injury and illness prevention programs.
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College of Public Health
Quick links, usf safetyflorida.
We're Open for Business!
USF SafetyFlorida is committed to reducing work-related illnesses and injuries through onsite workplace consultation. To achieve its goal USF SafetyFlorida employs Creativity, Resourcefulness, and Boldness.
Would you like to be exempt from OSHA inspections?
Sunshine State Safety Recognition Award
On behalf of the SafetyFlorida Consultation Staff at the University of South Florida (USF), I would like to take this opportunity to welcome you as a prospective new client. We are thrilled to showcase our expertise and invite you to explore our safety and health consulting services through our website. The mission of the Consultation Program is to potentially save lives by reducing work-related illnesses and injuries and assist Florida’s small businesses in profiting from safety.
USF SafetyFlorida, the state's safety and health Consultation program, provides free, confidential compliance assistance to Florida's small, high-hazard, private-sector employers in an effort to keep workers safe. The Program, funded by the federal government (OSHA) and the State of Florida, continues to provide services to thousands of employers and has protected tens of thousands of employees from serious workplace hazards since its inception in 2000. Secondarily, Florida's small businesses often find that they profit from these free consultation visits due to reduced costs associated with injuries, illnesses, lower workers’ compensation premiums and increased productivity. The Consultation Program provides:
- On-site safety and health hazard assessments, including hazard recognition and prevention,
- Written program evaluations,
- Noise monitoring and air sampling,
- Comprehensive safety and health management system evaluations,
- Formal and informal training to include technical updates on OSHA standards and Trend analysis.
With more than 150 years of combined occupational health and safety leadership experience, our consultants come from a variety of industries, such as the private manufacturing, construction, and mining industries and the federal government. They are senior professionals committed to providing quality services and protecting employees. Please take the time to peruse our consultation staff link to the left and learn more about their specific expertise and qualifications.
Thank you for taking the time to explore our website and discover how, together, we can make Florida the safest State to work in America. We will be honored to have you as our client. Feel free to contact us at any time with your questions +1. 866.273.1105 (Toll-Free) or leave us a comment at [email protected] .
Brian L. Warrick, Ph.D., CSP, CIH Program Director USF SafetyFlorida Consultation Program
Florida Workplace Safety & Health Laws
What you need to know about florida workplace safety & health laws.
Each state varies in workplace safety and health laws, but federal regulations exist. Here’s everything you need to know about Florida workplace safety and health laws.
Florida is limited in its occupational safety and health standards. While there are no statutes, Florida has several programs to limit workplace safety and health problems.
Occupational health and safety focus on the causes of work-related injuries, illnesses, and deaths and works to reduce the risks. Work-related injuries, diseases, and deaths are preventable if workplace safety is improved when businesses follow health and safety guidelines.
Risks to limit in the workplace include:
- Biological, and
- Chemical hazards.
The federal Occupational Safety and Health Administration regulates safety and health under the federal Occupational Safety and Health Act in private sector workplaces.
There are no federal or state laws governing occupational safety and health in public sector workplaces.
Related: Florida Wage Payment Laws
Health and Safety Laws in Florida
Florida does not have a state-level occupational safety and health program. Instead, employees in Florida fall under federal jurisdiction, which is Occupational Safety and Health Administration.
The Occupational Safety and Health Administration requires Florida employees to be trained on specific safety topics.
Outreach Training in Florida
Occupational Safety and Health Administration ( OSHA ) provides recommendations for “Outreach” courses. “Outreach” courses are 10-hour and 30-hour OSHA classes most refer to as “DOL card” classes. The Occupational Safety and Health Administration and Florida state do not require “Outreach” training.
Even though it is not legally required, many Florida employers require “outreach” training. Outreach training often covers required OSHA training topics for specific industries, so they serve as an excellent orientation to workplace safety. Workers typically need to complete a 10-hour training session, while supervisors need a 30-hour training session.
Related: Florida Paycheck FAQs
Florida Occupational Health and Safety Program
The Florida Department of Health runs the Occupational Health and Safety Program (OSHP) to educate employers about work-related illnesses and injuries. Still, Florida employers must follow federal OSHA guidelines.
The OHSP is funded by a grant from the National Institute of Occupational Safety and Health (NIOSH) .
The Occupational Health and Safety Program has the following activities: – Surveillance of work-related injuries and illnesses
- Sharing findings with workers, employers, and health care providers
- Collaboration with stakeholders in occupational health on intervention and education efforts
The program conducts surveillance of:
- Work-related hospitalizations
- Fatal work injuries
- Work-related amputations
- Work-related burns
- Work-related musculoskeletal disorders
- Carpal tunnel syndrome in workers
- Pesticide-associated illness and injury
- Work-related diseases such as mesothelioma and pneumoconiosis
If you or a loved one would like to learn more about Florida Workplace Safety & Health Laws, get connected to an attorney with one of our Employment Attorneys in Florida today!
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