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