Montana § 39-71-1505 Rulemaking Authority

Montana Statutes

§ 39-71-1505 — Rulemaking Authority

Montana § 39-71-1505

Title 39LABOR

Ch. 71WORKERS' COMPENSATION

Part 15Montana Safety Culture Act

This text of Montana § 39-71-1505 (Rulemaking Authority) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 39-71-1505 (2026).

Text

39-71-1505 . 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 tha

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39-71-1505 . 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.