§431:14A-117  Workplace safety and health programs.  (a)  The company shall work with policyholders, health care providers, and employees to develop, implement, and monitor workplace safety and health and return to work programs.  The programs shall include the development of a workplace accident and injury reduction plan that promotes safe working conditions.

     (b)  The company shall promote safety programs to policyholders through programs and activities which may include:

     (1)  Analyzing reports of industrial accidents of members to help determine the cause of those accidents;

     (2)  Conducting studies for risk and hazard identification and assessments by safety and medical professionals;

     (3)  Conducting educational programs designed to prevent frequently recurring industrial accidents; and

     (4)  Inspecting work sites and investigating unsafe working conditions to promote job safety and eliminate hazards.

     (c)  Company representatives shall have reasonable access to the premises of any policyholder or applicant during regular working hours to carry out workplace evaluations.

     (d)  Where the company finds, upon the completion of a detailed inspection that an insured has policies and practices in place that demonstrate a high regard for employee work safety, the company may apply a deviation to the insured's rate structure, noting special recognition of those efforts.

     (e)  The company shall not incur additional legal liability toward its members or beneficiaries as a result of any action taken or not taken pursuant to this chapter beyond that explicitly created by this chapter, chapter 386, or common law, and generally applicable to the acts or omissions of all issuers of workers' compensation insurance in this State. [L 1996, c 261, pt of §2; am L 2010, c 52, §5]