(1) An individual plan no. 1 self-insurer that is subject to the requirement of having a safety committee may request a waiver of that requirement from the department.
(2) The department may grant a waiver of the safety committee requirement to a plan no. 1 self-insurer if the self-insurer presents sufficient evidence that it has an effective safety program. Such a waiver is valid for one year, and may be renewed. If the self-insurer is a member of the Montana selfinsurers guaranty fund, the decision of the department to grant a waiver is not effective unless the Montana self-insurers guaranty fund concurs in the decision. Evidence must include, but need not be limited to, proof of the following:
(a) a written safety plan that complies with the provisions of the Montana Safety Culture Act and the rules implementing the Act;
(b) documentary evidence of employee participation in the safety program; and
(c) a 3-year average lost workday incidence rate for occupational injuries and illnesses that is not greater than 55% of the current average incidence rate for Montana entities with the same 2-digit SIC code.
(3) If the self-insurer disagrees with a department decision not to grant a waiver, the self-insurer may request a contested case hearing.