The Montana Safety Culture Act (MSCA) enacted by the 1993 Montana state legislature encourages workers and employers to come together to create and implement a workplace safety philosophy. It is the intent of the act to raise workplace safety to a preeminent position in the minds of all Montana’s workers and employers.
Therefore, it is the responsibility and duty of employers to participate in the development and implementation of safety programs that will meet the specific needs of their workplace; thereby establishing a safety culture that will help create a safe work environment for all future generations of Montanans.
To comply with the MSCA, there are six requirements all employers must meet, and three additional requirements that employers with more than five employees must meet.
Recognizing the diversity of Montana’s economy, the MSCA allows some flexibility of interpretation and application so you can establish a safety program appropriate to your business and employees’ needs and circumstances. You are encouraged to contact your workers compensation insurance carrier for assistance in establishing your safety program.
Every employer shall establish implement and maintain an educational based training program which shall, at a minimum:
1. Provide each new employee with a general safety orientation containing information common to all employees and appropriate to the business operations, before they begin their regular job duties.
2. Provide job or task-specific safety training appropriate for employees before they perform that job or task without direct supervision.
3. Offer continuing regular refresher safety training.
4. Provide a system for the employer and their employees to develop an awareness and appreciation of safety through tools such as newsletters, periodic safety meetings, posters, and safety incentive programs.
5. Provide periodic self-inspection for hazard assessment when the safety program is implemented, new worksites are established, and thereafter as is appropriate to the business operations, but at least annually, which:
i. Identifies hazards and unsafe work practices or conditions.
ii. Identifies corrective actions needed.
iii. Documents corrective action taken.
6. Include documentation of performance of activities listed in (1) through (5) above. This documentation must be kept by the employer for three years.
All employers having more than five employees are to have a comprehensive and effective safety program which must include the following:
1. Policies and procedures that assign specific safety responsibilities and safety performance accountability.
2. Procedures for reporting, investigating, and taking corrective action on all work-related incidents, accidents, injuries, illnesses and known unsafe work conditions or practices.
3. Shall have a safety committee in place that complies with the requirements of the MSCA.
Montana State Fund will assist their policyholders in establishing safety programs that meet the requirements of the law upon their request.