287.123. Insurers to establish safety engineering and management services program--requirements--division to maintain registry.
Insurers to establish safety engineering and management servicesprogram--requirements--division to maintain registry.
287.123. 1. Each insurance carrier writing workers' compensationinsurance in this state shall establish a program whereby the carrier shallhave available and shall provide to each employer obtaining workers'compensation coverage from such insurance carrier comprehensive safetyengineering and management services upon a request made by the employer forsuch services.
2. Each insurance carrier writing workers' compensation insurance inthis state shall provide the director of the department of labor andindustrial relations with a written outline of the safety engineering andmanagement program required to be established under subsection 1 of thissection. Such program required to be established pursuant to subsection 1 ofthis section shall require certification by the director as to its adequacy inproviding safety management and loss control to the employer. An insurancecarrier's program required to be established pursuant to subsection 1 of thissection shall be reviewed by the director at least annually to determine thatit is delivering comprehensive services for safety education and theelimination of and protection against unsafe acts in the workplace andfrequently recognized compensable worker injuries. An insurance carrier mayestablish such program required to be established pursuant to subsection 1 ofthis section through contracts with private safety engineering and managementservice companies in the state. Each insurance carrier shall collect annualdata on what impact its program required to be established pursuant tosubsection 1 of this section has had on compensable losses of the employers itinsures, and such data shall be made available to the department of insurance,financial institutions and professional registration and the department oflabor and industrial relations. When the employer requests services undersuch program and the insurance carrier provides such services, the insurancecarrier shall report such services to the division.
3. At each time the division of workers' compensation receives noticefrom an employer that the employer has purchased workers' compensationinsurance coverage from a different insurance carrier or has made an initialpurchase of workers' compensation coverage, the division shall notify theemployer in writing of publicly or privately administered worker safetyprograms available in the state, unless such notice has been given in theprior twelve months.
4. The division shall maintain a registry of safety consultants andsafety engineers certified by the department of labor and industrial relationsand such registry shall be available for inspection by any employer in thisstate. Standards and requirements for certificates of safety consultants andsafety engineers shall be determined by the department of labor and industrialrelations by rule.
(L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al., A.L. 2001 S.B. 521)