CHAPTER Adm 700
LOSS PREVENTION
PART Adm 701
DEFINITIONS
Adm
701.01 Definitions. Terms in this chapter shall have the
following meanings:
(a) “Agency” means any department, commission,
board, institution, bureau, office or other executive-branch entity established
by statute, session law or executive order, unless it is part of a larger
executive-branch entity or exempt pursuant to RSA 21-I:18, I(c);
(b) “Poor Driving Record” means
a motor vehicle record that includes the following types of convictions during
the three years prior to the date of the report:
(1) Measured
from the date of violation, not the conviction date:
a. One or more
convictions for violating an RSA listed in Saf-C 212.03 (e);
b. Two or more convictions
for violating an RSA listed in Saf-C 212.03 (d); or
c. A
combination of three or more convictions for violating an RSA listed in Saf-C
212.03 (c) or (d); and
(2) Any
conviction under the laws of another state, of any violation which would have
constituted a violation specified in Saf-C 212.03 (c), (d), or (e), under the
circumstances described in (b) (1) above; and
(c) “Unit” means the risk management unit
established by RSA 21-I:7-c.
Source. #9072, eff 1-12-08; ss by #11126, eff 6-24-16
PART Adm 702
PEOPLE RESPONSIBLE FOR CONTROLLING RISK
Adm
702.01 Responsibilities of an Agency
Head.
(a) The head of each agency shall:
(1) Ensure
compliance with the rules in this chapter;
(2) Devote
resources adequate to carry out such rules;
(3) Include
safety metrics in management reporting; and
(4) Endorse
written agency safety policies required by Adm 704.01 through approval of the
introductory policy statement.
Source. #9072, eff 1-12-08; ss by #11126, eff 6-24-16
Adm
702.02 Designation of Agency Risk
Management Coordinator.
(a) The head of an agency with 50 or more
employees shall designate a risk management coordinator to act as liaison
between the agency and the unit.
(b) The risk management coordinator shall be:
(1) An employee
with direct access to the agency head or his or her
designee; and
(2) Invested
with authority adequate to carry out her or his responsibilities under this
chapter.
(c) The head of an agency with 50 or more
employees shall inform the unit of:
(1) The name
and title of the agency risk management coordinator; and
(2) The name
and title of the new agency risk management coordinator whenever a new agency risk
management coordinator is appointed.
Source. #9072, eff 1-12-08; ss by #11126, eff 6-24-16
Adm
702.03 Responsibilities of the Agency
Risk Management Coordinator. The
responsibilities of the agency risk management coordinator shall be to:
(a) Familiarize the following people with the
contents of this chapter:
(1) The head of
the agency that designated him or her;
(2) The joint
loss management committee established pursuant to Lab 603.02; and
(3) The person designated
pursuant to Lab 603.03(g)(1) as knowledgeable about site-specific safety
requirements and accountable for their implementation and adherence;
(b) Help the people listed in (a) above to:
(1) Identify potential
health and safety hazards at the work site;
(2) Develop
written safety programs complying with Adm 704 to reduce such hazards;
(3) Develop
safety metrics for management reporting, such as:
a. Rates of incidence for worker-related injuries compared
against national or state averages;
b. Number of
work-related injuries;
c. Types of
work-related injuries; and
d. Workers’
Compensation costs; and
(4) Comply with
rules adopted by the department of labor and the unit;
(c) Attend meetings of the agency's joint loss
management committee established pursuant to Lab 603.02;
(d) Receive from the unit information on
financial claims against the state that are attributed to the agency by the
unit;
(e) Check the accuracy of, and make available to
his or her agency, the information contained in the report listed in (d) above;
and
(f) Represent the agency at trainings relating to
loss prevention when such trainings are given by the unit.
Source. #9072, eff 1-12-08; ss by #11126, eff 6-24-16
PART Adm 703
AGENCY OBLIGATIONS WITH RESPECT TO HEALTH AND SAFETY
Adm
703.01 Agency Obligation With Respect
to Written Health and Safety Program.
(a) Each agency with 15 or more employees shall
have a written health and safety program meeting the requirements of Adm 704.
(b) Each agency shall make its written health and
safety program available to every agency employee:
(1) When the
employee is first hired;
(2) Annually thereafter;
(3) When any
change is made in the written safety program; and
(4) Upon the
employee's request.
(c) Each agency shall provide training to its
employees specific to the hazards associated with the employees' particular
duties.
(d) Each agency shall:
(1) Review its
written health and safety program annually; and
(2) Update the
program if circumstances so require.
Source. #9072, eff 1-12-08; ss by #11126, eff 6-24-16
Adm
703.02 Obligation to Submit Current
Written Health and Safety Program to the Unit.
(a) At
the request of the unit, an agency shall make available a copy of its current
written health and safety program.
(b) The
unit shall review and recommend to the agency such changes as would:
(1) Be more
effective in reducing risk and protecting employee health and welfare; and
(2) Resolve any
conflict with rules adopted by the commissioner of the department of labor.
(c) An agency shall provide the unit with:
(1) Written
acknowledgment of receipt of the unit's recommendations; and
(2) A statement
of the agency's plan for following the recommendations.
Source. #9072, eff 1-12-08; ss by #11126, eff 6-24-16
Adm
703.03 Obligation to File a Completed
Department of Labor Form WCSSF. Each agency created after the effective date of this
rule with 15 or more employees, and each agency with 15 or more employees if it
has not previously done so, shall file a completed department of labor form
WCSSF pursuant to Lab 602.02.
Source. #9072, eff 1-12-08; ss by #11126, eff 6-24-16
PART Adm 704
WRITTEN HEALTH AND SAFETY PROGRAMS
Adm
704.01 Elements of the Written Health
and Safety Program.
(a) The agency's written health and safety
program shall include:
(1) An
introductory policy statement:
a. Relating to
agency employees the overall goal of the written health and safety program;
b. Conveying to agency employees the importance of their
reporting any hazards they perceive;
c. Stressing
that health and safety are as important as any other business of the agency;
and
d. Noting that
the agency head is committed to the health and safety of agency employees;
(2) A plan to
complete, at least annually, the health and safety inspections for hazard
identification required by Lab 603.03(g)(2);
(3) A written
plan meeting the requirements of Lab 602.01(d) for:
a. Medical
services;
b. Emergency
response;
c. First aid;
and
d. Accident
reporting and investigation; and
(4) Written
plans for identified hazards written from time to time pursuant to Adm 704.02.
(b)
Plans written pursuant to (a)(3) and (a)(4) above shall be designed, as
applicable, to:
(1) Protect the
health of employees;
(2) Improve the
safety of the workplace;
(3) Reduce the
chance of financial loss; and
(4) Comply with
the rules of the department of labor.
(c) The agency shall seek the guidance of the
unit in developing such plans.
Source. #9072, eff 1-12-08; ss by #11126, eff 6-24-16
Adm
704.02 Plans for Identified Hazards. Each agency with 15 or more employees, on or
after the effective date of this rule, shall develop the following plans in
consultation with the unit:
(a) If any agency intends to have employees
operate state-owned vehicles, a fleet auto accident reduction plan including,
but not limited to, provisions for:
(1) Checking
the prior motor vehicle records of such state employees;
(2) Preventing
the use of state-owned vehicles by employees with poor driving records by
periodically checking motor vehicle records;
(3) Requiring employees to report convictions
impacting their motor vehicle record to the agency;
(4) Ensuring that
the agency head will receive a report of every motor vehicle accident;
(5)
Establishing an agency accident review committee to review every motor
vehicle accident involving the employees of the agency;
(6) Ensuring
that each employee who will drive a state-owned vehicle has completed a
defensive driving course before driving such vehicle; and
(7) Ensuring
that each employee is required to take a refresher defensive driving course
every three years;
(b) To determine whether an employee has a poor
driving record under (a) (2) above an agency shall apply the definition found
in Adm 701.01 (b) or, in the alternative, may develop its own definition of
poor driving record, provided that such alternative definition is specified in
the fleet auto accident reduction plan;
(c) If any employee works indoors, a plan
relating to water incursion and indoor air quality including, but not limited
to, provisions for:
(1) Reducing
damage to state owned property whenever water incursion occurs;
(2) Responding
to employee indoor air quality complaints; and
(3) The
submission to the unit of a completed indoor air quality incident report form
whenever water incursion occurs or air quality is otherwise compromised; and
(d) As other health and safety hazards are
identified through inspection or otherwise, a plan:
(1) Complying
with the rules of the department of labor;
(2) Protecting
the health of employees;
(3) Improving
the safety of the workplace; and
(4) Reducing
the chance of financial loss.
Source. #9072, eff 1-12-08; ss by #11126, eff 6-24-16
APPENDIX
Rule |
Statute |
Adm 701 |
RSA 541-A:7 |
Adm 702 - 704 |
RSA 21-I:7-c, I and II |