§ 134. Workplace safety and loss prevention program; certification of
safety and loss management specialists. 1. The commissioner of labor, in
consultation with the superintendent of financial services and the chair
of the board shall develop a compulsory workplace safety and loss
prevention program for all employers whose most recent annual payroll is
in excess of eight hundred thousand dollars and whose most recent
experience rating exceeds the level of 1.2. The commissioner of labor
shall promulgate rules and regulations for the implementation of safety,
drug and alcohol prevention, and return to work incentive programs.

2. The commissioner of labor shall provide written notification to
employers whose most recent annual payroll is in excess of eight hundred
thousand dollars and whose most recent experience rating exceeds the
level of 1.2 that they are required to undergo a workplace safety and
loss prevention consultation and written evaluation. Copies of the
written notification shall be provided to the department of labor and
the employer's insurer. The employer must arrange for the consultation
and evaluation within thirty days after receiving the notification and
must within ten days thereafter notify its insurer and the department of
labor in writing of the means by which the evaluation is to be
accomplished. The employer must provide its insurer and the department
of labor with a copy of the evaluation within thirty days after
receiving it from the safety and loss consultant. Any remedial action
recommended in the evaluation must be implemented by the employer within
a reasonable period of time, but not to exceed six months after the
employer receives the evaluation. The insurer, within sixty days after
the expiration of such six month period, shall conduct an inspection to
ascertain whether the recommended remedial action has been implemented,
and the insurer shall within forty-five days thereafter provide to the
employer and the department of labor a copy of its inspection report.

3. If the employer does not arrange for a consultation and evaluation
or fails to implement recommended remedial action within the times
prescribed, the insurer shall surcharge the employer's manual rate
premium by .05 for the next ensuing policy period, and so long as
non-compliance continues there shall be an additional .05 surcharge for
each year thereafter of non-compliance. An employer may challenge an
insurer's determination that the employer has not taken the recommended
remedial action by appeal to the department of labor on notice to the
insurer. The department of labor shall thereafter conduct an independent
inspection and its determination of compliance or non-compliance shall
be final. However, such appeal may not be entertained if the employer
has not paid its billed premium including any surcharge thereof.

4. Employers required to participate in the workplace safety and loss
prevention program established by this section shall be permitted to
utilize the services of either the department of labor, or a private
safety and loss consultant which has been certified by the department of
labor. Private safety and loss consultants may charge employers a fee
for their services.

6. Safety, drug and alcohol prevention, and return to work incentive
programs. Employers insured through the state insurance fund (except
those who are current policyholders in a recognized safety group) or any
other insurer that issues policies of workers' compensation insurance,
shall be eligible for a credit in workers' compensation insurance
premiums if they:

a. pay annual workers' compensation insurance premiums of at least
five thousand dollars; and

b. maintain an experience rating of under 1.30 for the year preceding
and the years in which the credit has been applied for provided that no
insured required to implement a safety program pursuant to subdivision
one of this section shall be eligible for a premium credit under this
subdivision; and

c. implement any of the following:

(1) a safety incentive plan, that has been recommended by a safety and
loss management specialist after such specialist has been certified by
the commissioner of labor, or if such plan otherwise conforms to
regulations promulgated by the commissioner of labor;

(2) a drug and alcohol prevention program that conforms to regulations
issued by the commissioner of labor, in consultation with the office of
alcoholism and substance abuse services; and

(3) a return to work program that conforms to regulations issued by
the commissioner of labor.

The credit for each such program shall be established by regulations
issued by the superintendent of financial services. Such regulations
shall include provisions for recertification on an annual basis.

7. An individual self-insured employer shall be eligible for a
reduction in the security deposit provided for in subdivision three of
section fifty of this chapter, and a member of a group shall be eligible
for a credit against their contributors if such credit is authorized by
the chair and in accordance with limitations set by the chair, if such
employer has implemented any or all of the following: a. a safety
incentive plan that has been recommended by a safety and loss management
specialist after such specialist has been certified by the commissioner
of labor or if such plan otherwise conforms to regulations promulgated
by the commissioner of labor;

b. a drug and alcohol prevention program that conforms to regulations
issued by the commissioner of labor, in consultation with the office of
alcoholism and substance abuse services; and

c. a return to work program that conforms to regulations issued by the
commissioner of labor.

The credit for each program shall be no greater than established by
regulations issued by the superintendent of financial services or such
lesser amount as determined by the chair of the board to be necessary to
assure that the deposit remains sufficient to secure the employer's
liability to pay the compensation provided in this chapter. The chair,
in consultation with the superintendent of financial services, shall
adopt regulations which provide for recertification on an annual basis.

8. The commissioner of labor shall: (i) receive and review
applications from applicants for certification as safety and loss
management specialists; and (ii) certify persons as safety and loss
management specialists; and (iii) revoke certification of safety and
loss management specialists for just cause.

9. The commissioner of labor shall monitor all safety incentive plans
implemented by employers. As part of this responsibility, the board
shall insure that employee representatives are involved in the
development of such plans through meetings and discussions with the
respective certified safety and loss management specialist.

10. The commissioner of labor, in consultation with the superintendent
of financial services, shall promulgate rules and regulations for the
certification of safety and loss management specialists. Such rules and
regulations shall include provisions that outline the minimum
qualifications for safety and loss management specialists, procedures
for certification, causes for revocation or suspension of certification
and appropriate administrative and judicial review procedures, and
violations and penalties for misuse of certification by certified safety
and loss management specialists.