44-575. State workers compensation self-insurance fund; state agencies self-insured as single employer; administration; state workplace health and safety program.
44-575
44-575. State workers compensation self-insurancefund; state agencies self-insured as single employer; administration; stateworkplace health and safety program.(a) As used in K.S.A. 44-575 through 44-580, andamendments thereto, "stateagency" means the state, or any department or agency of the state, butnot including the Kansas turnpike authority, the university of Kansashospital authority, any political subdivisionof the state or the district court with regard to district courtofficers or employees whose total salary is payable by counties.
(b) For the purposes of providing for the payment of compensationfor claims arising on and after July 1, 1974, and all other amountsrequired to be paid by any state agency as a self-insured employer underthe workers compensation act andany amendments oradditions thereto, there is hereby established the stateworkerscompensation self-insurance fund in the state treasury. The name of thestate workmen's compensation self-insurance fund is hereby changed to the stateworkers compensation self-insurance fund. Whenever the state workmen'scompensation self-insurance fund is referred to or designated by any statute,contract or other document, such reference or designation shall be deemed toapply to the state workers compensation self-insurance fund.
(c) The state workers compensation self-insurance fundshall beliable to pay: (1) All compensation for claims arising on and after July1, 1974, and all other amounts required to be paid by any state agencyas a self-insured employer under the workers compensation act and anyamendments or additions thereto; (2) the amount thatallstate agencies are liable to pay of the "carrier's share of expense" ofthe administration of the office of the director of workers'compensation as provided in K.S.A. 74-712 through 74-719, andamendments thereto, for eachfiscal year; (3) all compensation for claims remaining fromthe self-insurance program which existed prior to July 1, 1974, forinstitutional employees of the division of mental health and retardationservices of the department of social and rehabilitation services;(4) the cost of administering the state workers compensationself-insurance fund including the defense of such fund and any costsassessed to such fund in any proceeding to which it is a party; and (5) thecost of establishing and operating the state workplace health and safetyprogram under subsection (f). For the purposes of K.S.A. 44-575 through44-580,and amendments thereto, all state agencies are hereby deemed tobe a single employerwhose liabilities specified in this section are hereby imposed solelyupon the state workers compensation self-insurance fund andsuchemployer is hereby declared to be a fully authorized and qualifiedself-insurer under K.S.A. 44-532, and amendments thereto,but such employer shall not be required to make any reports thereunder.
(d) The secretary of administration shall administer the state workerscompensation self-insurance fund and all paymentsfrom suchfund shall be upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the secretary of administrationor a person or persons designated by the secretary. The directorofaccounts and reports may issue warrants pursuant to vouchers approved bythe secretary for payments from the state workerscompensationself-insurance fund notwithstanding the fact that claims for suchpayments were not submitted or processed for payment from moneyappropriated for the fiscal year in which the state workerscompensation self-insurance fund first became liable to make suchpayments.
(e) The secretary of administration shall remit all moneys receivedby or for the secretary in the capacity as administrator of thestate workers compensation self-insurance fund, to the statetreasurer in accordance with the provisions of K.S.A. 75-4215, andamendments thereto. Uponreceipt of each such remittance, the state treasurershalldeposit theentire amount in the state treasury to the credit of the stateworkerscompensation self-insurance fund.
(f) There is hereby established the state workplace health and safetyprogram within the state workers compensation self-insurance program of thedepartment of administration. The secretary of administration shall implementand administerthe state workplace health and safety program for state agencies.The state workplace health and safety program shallinclude, but not be limited to:
(1) Workplace health and safety hazard surveys in all state agencies,including onsite interviews with employees;
(2) workplace health and safety hazard prevention services, includinginspection and consultation services;
(3) procedures for identifying and controlling workplace hazards;
(4) development and dissemination of health and safety informationalmaterials, plans, rules and work procedures; and
(5) training for supervisors and employees in healthful and safe workpractices.
History: L. 1974, ch. 204, § 1; L. 1977, ch. 110, § 6;L. 1977, ch. 180, § 1; L. 1980, ch. 147, § 1;L. 1993, ch. 286, § 67;L. 1999, ch. 168, § 1;L. 2001, ch. 5, § 139; July 1.