When the State of New Hampshire revised the Workers' Compensation Statute in 1994, it set in place, for the first time ever, requirements for employers to establish various safety programs to improve workers' compensation performance.

Since then many Primex³ members have made great strides toward the implementation of these new requirements; however, some have not, and in some cases, once enacted steps to address the requirements have "slipped" and are no longer effective. Many Primex³ members have been inspected by the NH Department of Labor (NHDOL), often for failing to file the required Safety Summary Form. This enforcement action by the NHDOL suggests that a review of these requirements is in order.

The Three Basic Requirements:

1. Current Written Safety Program - RSA 281: A requires that employers with more than ten employees - full time or part time - have a current and up-to-date written safety program. To see NHDOL versions of the Safety Summary Form, click here.
2. Joint Loss Management Committee (JLMC) - Safety Committee: All employers in the state of New Hampshire with five (5) or more full, part-time or seasonal employees must form a working Joint Loss Management Committee. This committee is one type of safety committee and is a cooperative effort involving representatives from management and the employees working together to control workplace hazards. These committees are mandated by RSA 281-A, Workers' Compensation.
3. Safe & Healthy Workplace - Maintain a Safe and Healthy Workplace. Finally, RSA 281: A requires that employers maintain a safe and healthy workplace. What would best be described as a general duty clause, this requirement is an attempt to convey the importance of keeping employees safe on the job. While an essential function of all employers, this requirement helps with the enforcement phase of the Statute.

To read more about these requirements, read the DOL Compliance document in the Resource Library by clicking here.

If you need guidance, Primex³ can help address your concerns. For information or sample materials, please contact the Primex³ Risk Management Team, by calling (800) 698-2364 or email RiskManagement@nhprimex.org.

Click here for more Safety and Training information at the NH DOL website.

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