Section 281-A:64-a Safety Incentive Program; Certification of Loss Management Consultants.
I. To qualify for the incentive discount under this section, an eligible employer shall obtain and carry out a loss management program which shall be developed by a loss management consultant certified by the panel established in paragraph IV. A qualifying loss management program shall address safety improvements in the physical environment of the workplace and in the production process. Such a program shall also involve behavioral elements, including substantial employee involvement in a joint loss management committee, required under RSA 281-A:64, III and alternative work programs which allow and encourage injured employees to return to work, and continuing education of participating employers and employees.
II. To be eligible to participate in a program established pursuant to this section an employer shall:
(a) Be insured in the residual market, and have an annual workers' compensation insurance premium of $2,500 or more.
(b) Participate in a managed care program approved under RSA 281-A:23-a.
(c) Participate, where otherwise eligible, in a retrospective rating plan, in which it is required that the employer's final rates for workers' compensation insurance are determined based on the employer's actual loss experience during the 3-year credit period.
III. Any participating employer meeting all eligibility requirements under this section and which has participated in a qualifying loss management program established under this section for at least 6 months shall be eligible for a workers' compensation insurance premium credit of 10 percent, phased out over a 3-year period. The credit shall be retroactive to the first day of participation in such qualifying loss management program.
IV. Pursuant to RSA 404-C:1, the insurance commissioner shall call upon the plan administrator of the New Hampshire workers' compensation insurance plan to file a safety incentive rate program incorporating the provisions of this section. Such rate plan shall also include provision for certifying loss management consultants by an independent panel of 3 persons knowledgeable in loss management matters, one each representing employers, employee groups, and workers' compensation insurers and selected by the insurance commissioner from among candidates recommended by each such constituent group. The commissioners of labor and insurance, or their designees, shall also serve on such certification panel.
Source. 1994, 3:20, eff. Feb. 8, 1994.