N.H. Code Admin. R. Ann. Lab — Commissioner, Department of Labor

Chapter Lab 100 Organizational Rules

Part Lab 101 Definitions

N.H. Code Admin. R. Ann. Lab 101.01 Claim {#sec-lab-101.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 101.01}

"Claim" means a right or entitlement, actual or supposed, to protection and benefits established by law and rule.

History

(See Revision Note at part heading for Lab 101) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6805-A, eff 7-18-98

N.H. Code Admin. R. Ann. Lab 101.02 Claimant {#sec-lab-101.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 101.02}

"Claimant" means a person who has a claim under the laws and rules administered by the department.

History

(See Revision Note at part heading for Lab 101) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6805-A, eff 7-18-98

N.H. Code Admin. R. Ann. Lab 101.03 Commissioner {#sec-lab-101.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 101.03}

"Commissioner" means the labor commissioner.

History

(See Revision Note at part heading for Lab 101) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6805-A, eff 7-18-98

N.H. Code Admin. R. Ann. Lab 101.04 Department {#sec-lab-101.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 101.04}

"Department" means the New Hampshire department of labor.

History

(See Revision Note at part heading for Lab 101) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6805-A, eff 7-18-98

Part Lab 102 Description of Department

N.H. Code Admin. R. Ann. Lab 102.01 Organization and Responsibilities {#sec-lab-102.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 102.01}

The department accounts to the general court as program appropriation units in the following organization:

(a) The administration and support division provides administrative services and includes the office of the commissioner.

(b) The commissioner provides executive direction of the operating divisions and support for:

(1) The state board of conciliation and arbitration pursuant to RSA 273:12;

(2) The state apprenticeship council pursuant to RSA 278:2;

(3) The penalty appeal board pursuant to RSA 273:11-b; and

(4) The advisory council on workers' compensation (RSA 281-A).

(c) The inspection division administers wage, hour, safety and youth employment laws and the licensed inspection of boilers, pressure vessels and elevators under RSA 157-A, RSA 157-B, RSA 275, RSA 275-A, RSA 275-E, RSA 276-A, RSA 277, and RSA 279.

(d) The workers' compensation division administers work injury insurance coverage and claims under the workers' compensation law, RSA 281-A.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84 EXPIRED, 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6805-A, eff 7-18-98

Part Lab 103 Public Access

N.H. Code Admin. R. Ann. Lab 103.01 Obtaining Records {#sec-lab-103.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 103.01}

(a) To the extent allowed by law, the records and reports of the department may be examined, and copied at their own expense, by any interested persons at the department offices, 95 Pleasant Street, Concord, New Hampshire 03301 from 8:00 a.m. to 4:30 p.m. Monday through Friday on state workdays.

(b) Copies of the records and reports may be obtained through a written request at a reasonable cost set by the department and which shall be paid by the requesting party.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6805-A, eff 7-18-98

Chapter Lab 200 Department of Labor Hearings

Part Lab 201 Policy and Purpose

N.H. Code Admin. R. Ann. Lab 201.01 Purpose of These Rules {#sec-lab-201.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 201.01}

The following rules are to assist interested parties in understanding and conforming to hearings procedures established to promote and assure the conduct of a full, fair, and adequate adjudication of issues and the expeditious resolution of disputes. This chapter is to be construed to secure the just, speedy, and inexpensive determination of every proceeding.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED 12-27-90
#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 201.02 Purpose of Hearings {#sec-lab-201.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 201.02}

The purpose of any proceeding governed by this chapter is to permit the department or one of the boards defined in Lab 202.01 or Lab 202.07 to acquire sufficient information to make a reasoned decision and to afford persons who might be affected by a decision the opportunity to present evidence and statements prior to the making of that decision.

History

#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 EXPIRES: 7-18-06; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

Part Lab 202 Definitions

N.H. Code Admin. R. Ann. Lab 202.01 Compensation Appeals Board (CAB) {#sec-lab-202.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 202.01}

“Compensation Appeals Board (CAB)” means the workers’ compensation appeals board as defined in RSA 281-A:42-a, I.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 202.02 Department {#sec-lab-202.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 202.02}

“Department” means the New Hampshire department of labor.

History

#14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 202.03 De novo hearing {#sec-lab-202.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 202.03}

“De novo hearing” means a new hearing which is not bound by the findings and rulings of a previous hearing before the commissioner or hearing officer and which allows the parties to introduce new evidence or evidence not considered by the hearing officer or commissioner at the previous hearing, subject to the provisions of Lab 205.09.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 202.02)

N.H. Code Admin. R. Ann. Lab 202.04 Ex parte communication {#sec-lab-202.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 202.04}

“Ex parte communication” means the transmittal of evidence or statements concerning the merits of a contested case to or from a hearing officer, member of the compensation appeals board, or member of the vocational rehabilitation provider advisory board without notice to all parties to the proceeding and not done in their presence.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 202.03)

N.H. Code Admin. R. Ann. Lab 202.05 Panel {#sec-lab-202.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 202.05}

“Panel” means 3 members of an applicable board convened to preside over a case.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 202.04)

N.H. Code Admin. R. Ann. Lab 202.06 Proof by a preponderance of evidence {#sec-lab-202.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 202.06}

“Proof by a preponderance of evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 202.05)

N.H. Code Admin. R. Ann. Lab 202.07 Vocational rehabilitation provider advisory board (rehabilitation board) {#sec-lab-202.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 202.07}

“Vocational rehabilitation provider advisory board (rehabilitation board)” means the “vocational rehabilitation provider advisory board” as established in 281-A:69.

History

#14534, eff 3-12-26

Part Lab 203 General Rules of Practice

N.H. Code Admin. R. Ann. Lab 203.01 Applicability {#sec-lab-203.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.01}

Rules in this part shall apply to hearings before the labor commissioner, the labor commissioner’s designee, or board as applicable.

History

(See Revision Note at part heading for Lab 203) #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 203.02 Ex Parte Communication {#sec-lab-203.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.02}

(a) Except where the labor commissioner, the labor commissioner’s designee, or board as applicable is authorized by law or the rules of the department to dispose of a matter on an ex parte basis, no person shall make an ex parte communication to any hearing officer or employee of the department, or member of a board or presiding officer who is appointed by a board, who is, or would reasonably be expected to be, involved in the decision process in a contested case governed by this chapter. No hearing officer or employee of the department or member of a board or presiding officer who is appointed by a board, who is, or who would reasonably be expected to be, involved in the decision process in any contested case governed by this chapter shall make or receive an ex parte communication. This rule shall not prohibit communication between the hearing officer; or member of a board or presiding officer who is appointed by a board and the attorney general's office except when the state is a party to the matter.

(b) Once the labor commissioner, the labor commissioner’s designee, or board as applicable has been assigned to adjudicate a contested matter or dispute, there shall be no direct communication between the parties or their counsel and the labor commissioner, the labor commissioner’s designee, or board as applicable other than in writing and with copies to all parties of record or by telephonic conference call with all parties. The receipt by the department of an ex parte communication regarding a pending claim or proceeding shall require immediate dissemination of such communication by the recipient thereof provided that any inquiry regarding the status of the proceeding shall not be prohibited.

History

(See Revision Note at part heading for Lab 203) #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 203.03 Notice of Appearance {#sec-lab-203.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.03}

(a) All attorneys and non-attorney representatives shall file with the labor commissioner, the labor commissioner’s designee, or board as applicable a letter of appearance that includes the following:

(1) A brief identification of the matter;

(2) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

(3) The attorney or representative’s daytime address, telephone number, and email address.

(b) Copies of the notice of appearance shall be provided to all parties of record.

(c) An attorney not licensed to practice in New Hampshire shall be permitted to participate in proceedings in front of the labor commissioner, the labor commissioner’s designee, or board as applicable if the attorney files a notice of appearance that includes a statement of good standing from their home jurisdiction.

History

(See Revision Note at part heading for Lab 203) #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 203.04 Failure to Appear {#sec-lab-203.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.04}

(a) A party to a hearing or appeal who, after due notice of hearing, fails to be present or fails to obtain a continuance shall, unless excused for good cause shown, be subject to either:

(1) The entry of an adverse decision;

(2) A decision by default; or

(3) Dismissal of a petition for hearing and award.

(b) If a hearing concludes before the non-appearing party arrives, the non-appearing party shall not be allowed to submit testimony or evidence in the matter.

(c) A party shall be declared to have failed to be present when that party has not arrived or contacted the labor commissioner, the labor commissioner’s designee, or board as applicable as to the reason for being late within 15 minutes after the scheduled start time of the hearing.

(d) Any party to whom notice has been forwarded but fails to appear may within 30 days of the written decision, petition to have the default stricken. The default shall be stricken and the case reopened if the labor commissioner, the labor commissioner’s designee, or board as applicable determines there was good cause for failing to appear.

(e) Good cause shall include:

(1) Serious illness;

(2) Hospitalization;

(3) Incarceration;

(4) Death of a family member;

(5) Severe weather; or

(6) Any other unforeseeable circumstance beyond the party’s control, that justifies the party’s absence from the scheduled hearing.

(f) Any party who is unable to appear due to good cause shall make reasonable effort to notify the labor commissioner, the labor commissioner’s designee, or board as applicable and all other parties prior to the hearing. If necessary, the party shall make a request for continuance as outlined in Lab 203.05.

(g) Prior to issuing an adverse decision, decision by default, or dismissal of a petition pursuant to Lab 204.04(a), the labor commissioner, the labor commissioner’s designee, or board as applicable shall require that the party submit such evidence as the labor commissioner, labor commissioner’s designee, or board as applicable deems necessary to make a ruling or decision.

(h) In accordance with the provisions of RSA 281-A:43, I(a), unless the absence of a party to a workers’ compensation hearing is excused for good cause as provided in (e), above, that party shall be barred from any further action concerning an adverse decision, decision by default, or dismissal of the petition for hearing and award.

History

(See Revision Note at part heading for Lab 203) #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 203.05 Continuances {#sec-lab-203.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.05}

(a) If a continuance is necessary, the party requesting the continuance shall:

(1) Clearly state the reason for the request and provide a copy in writing to all parties to the hearing, including the department or applicable board, at least 7 calendar days prior to the scheduled hearing;

(2) State that concurrence to the request has been sought from the opposing party. If no response was received, the moving party shall outline all attempts made to contact the opposing party; and

(3) State if the opposing party objects, consents, or takes no position on the request.

(b) Upon the filing of the request for a continuance, pursuant to (a), above, the labor commissioner, the labor commissioner’s designee, or board as applicable shall review the pleading and determine if a compelling need exists to grant the continuance, such as:

(1) A party cannot attend due to the need for medical treatment;

(2) A key witness cannot attend;

(3) Counsel for any party has an unexpected conflict with a case pending in another forum and no other counsel is available to replace the attorney; or

(4) Some other circumstance arises affecting one party to the hearing that would make it inequitable to hold the hearing.

(c) A hearing shall be continued in the absence of the above process only in an emergency situation, as determined by the labor commissioner, the labor commissioner’s designee, or board as applicable for the following reasons:

(1) Serious illness;

(2) Hospitalization;

(3) Incarceration;

(4) Death of a family member;

(5) Severe weather; or

(6) Any other unforeseeable circumstance beyond the party’s control that justifies the party’s absence from the scheduled hearing.

(d) Notwithstanding the above, the parties may jointly request a continuance based on the likelihood that the matter will settle without need for the scheduled hearing.

History

(See Revision Note at part heading for Lab 203) #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 203.06 Motions {#sec-lab-203.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.06}

(a) No motions other than those filed pursuant to this chapter shall be accepted.

(b) Any party to a matter pending before the labor commissioner, the labor commissioner’s designee, or board as applicable may move to dismiss all or part of a claim due to lack of jurisdiction. The party moving to dismiss a claim on jurisdictional grounds shall:

(1) File the motion in writing with copy to all parties of record at least 15 days prior to a scheduled hearing, unless presented orally to the labor commissioner, the labor commissioner’s designee, or board as applicable at the time of a scheduled hearing;

(2) Clearly state the purpose of the motion;

(3) Clearly state the relief sought by the motion; and

(4) Clearly state the facts claimed and relevant statutes, rules, or other authority supporting the lack of jurisdiction and relief sought.

(1) Be made in writing with a copy to all parties of record no more than 7 days from the date of the motion to dismiss, unless presented orally to the commissioner, the commissioner’s designee, or board as applicable at the time of a scheduled hearing;

(2) Clearly state the purpose of the reply;

(3) Clearly state the action which the party filing the reply seeks the labor commissioner, the labor commissioner’s designee, or board as applicable to take on the motion; and

(4) Provide any additional or different facts than those stated in the motion and the relevant statutes, rules, or other authority relied upon in defense of the motion.

(d) The labor commissioner, labor commissioner’s designee, or board as applicable shall rule upon a motion to dismiss on jurisdictional grounds after full consideration of the motion, objections, and other relevant factors within 7 days of a response filed or within 7 days after the period for submission of the response has elapsed.

History

#14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 203.07 Stay of Proceedings {#sec-lab-203.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.07}

(a) When the parties to a matter pending before the labor commissioner, the labor commissioner’s designee, or, board as applicable, are also parties to another proceeding brought in a court of the United States, court of the state of New Hampshire, or another jurisdiction dealing with the same issues pending before the labor commissioner, the labor commissioner’s designee, or board as applicable, either party may request a stay of the proceedings before the labor commissioner, the labor commissioner’s designee, or , board as applicable until the court proceedings have been concluded.

(b) A party requesting a stay shall:

(1) File the request for stay in writing with copies to all parties of record;

(2) State the court where the case has been filed giving the full name of the case and the docket number assigned to the case by the court;

(3) State the issues in the case that would warrant a stay of the proceedings pending before the labor commissioner, the labor commissioner’s designee, or board as applicable;

(4) State that concurrence to the request has been sought from all the other parties;

(5) State the response of the other parties to the request;

(6) If the requesting party has been unable to contact one or more of the parties, state the attempts that were made to contact that party or those parties; and

(7) Acknowledge the requirement to inform the labor commissioner, the labor commissioner’s designee, or board as applicable, of the outcome of the court proceedings whether the result is a judgment, settlement, or other court approved disposition.

(c) Upon receipt of a request for a stay in accordance with (a), above, the labor commissioner, the labor commissioner’s designee, or board as applicable shall review the request and determine if a compelling need exists to stay the matter pending before the labor commissioner, the labor commissioner’s designee, or board as applicable by considering:

(1) Whether the issues in the court proceeding are identical or substantially similar to the issues in the matter pending before the labor commissioner, the labor commissioner’s designee, or board as applicable;

(2) Whether the resolution of the proceedings in the court will have a substantial effect on the resolution of the proceedings before the labor commissioner, the labor commissioner’s designee, or board as applicable or render the proceedings before the labor commissioner, the labor commissioner’s designee, or board as applicable; and

(3) Whether requiring the issue to be heard in 2 forums at the same time would result in an inefficient use of governmental resources or unduly burden the parties.

(d) The labor commissioner, labor commissioner’s designee, or board as applicable shall notify the parties of the decision to grant or deny the stay no later than 20 days from the date the request is filed.

(e) The party that requested the stay shall notify the labor commissioner, the labor commissioner’s designee, or board as applicable at the conclusion of the court proceedings and provide the labor commissioner, the labor commissioner’s designee, or board as applicable with a documentary proof of the dispositive outcome.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.06)

N.H. Code Admin. R. Ann. Lab 203.08 Remote Hearing {#sec-lab-203.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.08}

(a) The presence of a party or witness to a hearing may appear, or the entire hearing may be held, remotely via telephonic or video conference call with approval from the labor commissioner, the labor commissioner’s designee, or board as applicable. Approval shall be given when all parties consent to remote hearing, provided that adequate equipment and facilities are available to allow all parties to the remote hearing to participate fully.

(b) If all parties do not agree to the presence of a party or the examination of a witness by telephone or video conference call, the labor commissioner, the labor commissioner’s designee ,or board as applicable shall allow the presence of a party or the ability of a witness to testify by telephone or video network conference upon a finding that:

(1) Adequate equipment and facilities are available to allow all parties to participate fully in the examination; and

(2) Allowing testimony in this form is necessary due to one or more of the following:

a. Economic hardship;

b. Illness;

c. Distance to travel to the hearing from outside of New Hampshire;

d. Incarceration;

e. The safety of any party to the proceedings is at risk based upon reasonable knowledge of threats or acts of violence; or contagious disease; or

f. It would be manifestly inequitable to deny the requesting party use of telephonic or video conferencing call to present the testimony.

(c) Remote participation of a party or witness to a hearing shall be denied if the labor commissioner, the labor commissioner’s designee, or board as applicable determines that the physical presence of the party or witness is necessary to assess credibility or is otherwise prejudicial.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.07)

N.H. Code Admin. R. Ann. Lab 203.09 Consolidation {#sec-lab-203.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.09}

Where the interests of justice shall be better served without substantial prejudice to the rights of any party, the labor commissioner, the labor commissioner’s designee, or board as applicable shall sever one case from another or consolidate 2 or more cases preserving for all parties the right of appeal from the single or several decisions previously rendered.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.08)

N.H. Code Admin. R. Ann. Lab 203.10 Compelling Attendance of a Witness {#sec-lab-203.10 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.10}

The labor commissioner or the labor commissioner’s designee shall as deemed necessary issue subpoenas to compel the attendance of witnesses at hearings or the production of documents as provided by in RSA 281-A:49 and RSA 275:51, III.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.09)

N.H. Code Admin. R. Ann. Lab 203.11 Standard and Burden of Proof {#sec-lab-203.11 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.11}

(a) The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

(b) Where a presumption exists, the burden shall shift as required by law.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.10)

N.H. Code Admin. R. Ann. Lab 203.12 Control of Hearing {#sec-lab-203.12 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.12}

(a) Hearing participants shall conduct themselves in an orderly manner. The hearing officer, presiding officer, or panel members shall regulate the course of proceedings and shall use reasonable means to control the hearing in cases of disorder or refusal to comply with the rules of the hearing.

(b) Parties, representatives, and witnesses shall not engage in bitter exchanges, vulgarities, or abuse or make offensive or insulting comments. When such an act is committed, the hearings officer, presiding officer, or chair of the panel shall admonish the offender advising that such behavior does not contribute to a fair hearing and impedes the orderly disposition of a case.

(c) If the offense is repeated and further admonition appears fruitless, the hearings officer, presiding officer, or chair of the panel shall exclude a disorderly person from the hearing.

(d) A disorderly person shall not lose the case because of their offensive conduct or the offensive conduct of their representative or witness.

(e) Notwithstanding (d) above, if a disorderly person’s offensive conduct is so flagrant that it prevents the completion of the case, the hearing officer, presiding officer, or panel chair shall warn the disorderly person that their conduct shall result in a default judgment entered for the case. Such party may reopen the case upon submitting an offer of proof or argument in an orderly fashion before the default decision becomes final.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.11)

N.H. Code Admin. R. Ann. Lab 203.13 Time Period {#sec-lab-203.13 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.13}

(a) Unless otherwise specified, all time periods referenced in the chapter shall be calendar days.

(b) Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion; and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday, or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday, or legal holiday.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.12)

N.H. Code Admin. R. Ann. Lab 203.14 Public Access {#sec-lab-203.14 omnilex-key=us-nh-regs-official--agency-lab--Lab 203.14}

(a) All hearings shall be open to the public except for hearings under RSA 281-A.

(b) The hearings officer, presiding officer, or panel members shall have the authority to limit the number of the members of the public attending a hearing to prevent overcrowding or disruption of a hearing room.

(c) Members of the public shall not be admitted into a hearing room after a hearing is in progress, until there is a recess in the hearing.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 203.13)

Part Lab 204 Conduct of Hearings Before Hearing Officer

N.H. Code Admin. R. Ann. Lab 204.01 Requesting a Hearing {#sec-lab-204.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 204.01}

(a) Any party may petition the commissioner for hearing when directly affected by any of the following controversies:

(1) Responsibility of an employer or an employer's insurance carrier for the payment of compensation and other benefits under the workers' compensation statute;

(2) A wage claim;

(3) A Whistleblowers' Protection Act claim;

(4) A proposed civil penalty action;

(5) Violation of employment protections under RSA 110-c;

(6) Licensure for inspectors or mechanics under RSA 157-A and RSA 157-B;

(7) Job restoration or continuing health benefits under RSA 275:37-d; or

(8) As the result of a wage adjustment performed by the department.

(b) The petition shall set forth the reasons for requesting a hearing and the issues in dispute the petitioner wants resolved.

(c) The petition shall be filed in writing with the department's office in Concord and copied, with all supporting documents, to the opposing party. Delivery of the hearing request to the department shall be made by first class mail, postage prepaid, via United States mail or electronically via email to DOL.Scheduling@dol.nh.gov.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 204.02 Specification of Issue {#sec-lab-204.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 204.02}

Hearings before a hearing officer shall be scheduled for the determination of specified issues duly listed for hearing on the hearing notice. The department shall expand the scope of a scheduled hearing if notice of the added issues, with necessary documentation, is given to all parties at least 14 calendar days prior to the assigned hearing date. Issues may be added at any time without such notice provided all parties consent.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 204.03 Notice of Hearing {#sec-lab-204.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 204.03}

(a) The commissioner or the commissioner's designated representative shall schedule a hearing at the department.

(b) Notice of the date, time, and location of the hearing shall be provided at least 14 calendar days prior to the hearing and shall be sent to the parties of record. If a party is represented, one hearing notice will be sent to the party’s representative.

(c) A hearing shall be scheduled at some location in the state other than the department if the commissioner or commissioner's designated representative determines:

(1) The hearing relocation is necessary because the claimant or a key witness is so ill, injured, or impaired as to make it medically imprudent to require that person to travel to the department; or

(2) The hearing relocation is necessary because the claimant is confined to an institution and cannot be released to attend a hearing at the department.

(d) The notice shall contain the section of the law by statute number and heading concerning the issues in dispute between the parties.

(e) The notice shall contain a statement that each party has the right to be represented by an attorney at the party’s own expense.

(f) Upon receipt of a notice of hearing, the insurance carrier or third party administrator shall immediately forward a copy of the notice to the employer.

(g) Unless otherwise prohibited by this chapter or by law, and upon the consent of any party, delivery of notice may be made electronically in lieu of delivery by first class mail. If a notice of appearance has been filed, the representative shall be served the notice of hearing.

(h) Workers’ compensation hearings shall be scheduled for a date no later than 6 weeks after receipt of the petition filed in accordance with Lab 204.01.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 204.04 Expedited Hearing {#sec-lab-204.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 204.04}

(a) The commissioner or the commissioner’s designated representative shall grant a request for an expedited hearing upon review of a petition setting forth facts in sufficient detail to support expedited scheduling of a hearing.

(b) Reasons for expedited hearing requests shall include, but are not limited to, economic hardship, medical emergency, or other circumstances in which a delay of a hearing would cause irreparable harm to any party to the hearing.

(c) The opposing party may respond with objection to the request for an expedited hearing, propose a reasonable timeframe for the expedited hearing, or request a continuance in accordance with Lab 203.05 following receipt of a notice scheduling an expedited hearing.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 204.05 Withdrawal of Hearing Officer {#sec-lab-204.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 204.05}

(a) A hearing officer shall withdraw from any adjudicative proceedings for good cause on their own initiative or on the motion of any party.

(b) Good cause shall exist if the hearing officer:

(1) Has a direct interest in the outcome of the matter, including but not limited to, a financial or family relationship with any party;

(2) Has made statements or engaged in behavior which objectively demonstrates that they have prejudged the facts of the case; or

(3) Personally believes that they cannot fairly judge the facts of the case.

(c) Mere knowledge of the issues in dispute for hearing or acquaintances with any party or witness to the hearing shall not constitute good cause for withdrawal of a hearing officer.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 204.06 Waiver or Suspension of Rules by the Hearing Officer {#sec-lab-204.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 204.06}

The hearing officer, upon the motion of any party, or on their own initiative, shall suspend or waive any requirements or limitation imposed by this chapter when the suspension or waiver:

(a) Appears to be lawful; and

(b) Is more likely to promote the just, accurate, and efficient resolution of the pending dispute than adherence to the particular requirement or procedure.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91; amd by #5658, eff 6-28-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 204.07 Conduct of Hearing {#sec-lab-204.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 204.07}

(a) The party requesting the hearing shall be responsible for compiling all written evidence to be considered by the hearing officer. This compilation shall be indexed, tabbed, paginated, and in chronological order within each tabbed section. The final compilation shall be submitted to the hearing officer at the time of the hearing. The commissioner, commissioner’s designee, or the hearing officer shall waive this provision upon a finding that a party cannot comply due to lack of financial or technical resources.

(b) All parties to a dispute subject to the provisions of this chapter shall disclose to all other parties all medical evidence that is to be introduced at the hearing no later than 5 business days prior to the date of the scheduled hearing. Parties introducing non-medical evidence shall exchange a list of documents or exhibits to be offered as evidence at the hearing and a copy of each document or exhibit no later than 2 business days prior to the scheduled hearing.

(c) Any party other than the commissioner who wishes to compel attendance of a witness at a hearing shall follow the procedures set forth in RSA 516. Depositions are allowed only with the agreement of all parties. Depositions shall be completed, and a transcript submitted to the department and all parties at least 7 days prior to the hearing.

(d) If there are disputed material facts where the credibility of testimony might determine the outcome of the hearing, the hearing officer, on the request of a party, shall sequester witnesses until they are called to testify. However, a witness shall be sequestered only if each party, as appropriate, has one individual present throughout the hearing to ensure neither side is placed at an unfair advantage.

(e) A sound recording of the hearing shall be made by the hearing officer and the record shall be maintained by the department for a period of one year following the order or ruling by the hearing officer on the issues presented. Any party requesting a copy of the sound recording shall be granted access to it at reasonable times during business hours for copying purposes at any time after the hearing decision is issued. If a party to the proceeding makes transcripts of hearing testimony and uses them for any purpose in any proceeding, a copy of such transcript shall be furnished to all parties of record. Copies of audio hearing recordings may be requested in writing from the department. A reasonable fee to cover the cost of the recording and a processing fee shall be charged to fulfill the request. Any party may have a stenographer present at a hearing provided that that party bears the cost of the stenographer.

(f) If a person requests a transcript of the taped record, the department shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription by the requesting party, the department shall provide copies of the transcript to all parties.

(g) At the request of a party to any proceeding involving disciplinary action relative to an occupational license subject to the jurisdiction of the department, the record of the proceeding shall be made by a certified short hand court reporter provided by the department at the requesting party’s expense. A request for a certified shorthand court reporter shall be filed in writing at least 10 days prior to the day of the scheduled hearing.

(h) The hearing officer shall at the outset of the hearing record the place, date, and issues of the hearing together with the names and affiliations of those parties making appearances.

(i) Testimony of witnesses shall begin by the administration of oaths or affirmations by the hearing officer.

(j) Interpreters shall be administered an oath or affirmation to truthfully and accurately translate, to the best of their ability, all questions asked and answers given.

(k) The hearing officer shall regulate the course of the hearing and shall accept offers of proof together with all relevant evidence. The hearing officer shall conduct the hearing in such a manner as to best ascertain the rights of the parties and shall not be bound by common law or other rules of evidence or procedure other than those specified under Lab 200 and RSA 541-A. Any probative and relevant evidence shall be received by the hearing officer during the course of the hearing. However, the hearing officer shall exclude evidence upon finding that it is irrelevant, immaterial, or unduly repetitious.

(l) Testimony shall be offered in the following order:

(1) The party or parties bearing the burden of proof and such witnesses as the party might call; and

(2) The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party might call.

(m) Each party shall have the right to present a statement of their position immediately prior to the close of the hearing. The party having the burden of proof shall give its statement last. If the hearing officer finds it necessary for additional submissions at the close of the hearing, any such submission shall be made within the time frame ordered by the hearings officer.

(n) The hearing officer shall make a decision on the basis of evidence presented at the hearing and the hearing officer shall not consider ex parte information, regardless of its source. If the submission of additional documentation is required or allowed by the hearing officer, copies of all such documents shall be provided within the time frame allowed by the hearing officer with copies to all opposing parties. The non-producing parties shall be afforded 10 calendar days to object to and comment upon such submission prior to the issuance of any order or ruling by the hearing officer. The order or ruling of the hearing officer shall be based upon reliable, probative, and substantial evidence.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 204.08 Issuance of a Decision {#sec-lab-204.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 204.08}

(a) The hearing officer shall issue a ruling or decision within 30 calendar days of the close of the record of the hearing.

(b) The hearing officer may render a decision during or at the close of the hearing if the decision is clear and the hearing officer determines that further deliberation is unnecessary.

(c) A copy of the hearing officer’s decision shall be furnished to the parties, their attorney(s) of record, or the party’s representative.

(d) Such decision shall be final 30 days after the written decision is issued unless an appeal is taken to the compensation appeals board or a timely appeal is taken under an applicable statute.

(e) The department shall keep a final decision in its records for at least 5 years following their dates of issuance, unless the director of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 204.09 Reconsideration, Rehearing, or Clarifications {#sec-lab-204.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 204.09}

(a) Any party to the decision may request reconsideration, rehearing, or clarification of a decision within 10 calendar days of the date of the issuance of the hearing officer's decision. Any request for reconsideration, rehearing, or clarification shall be in writing and addressed to the hearing officer and the commissioner, with a copy to the other party.

(b) A request for reconsideration, rehearing, or clarification shall include:

(1) Identification of each error of fact, error of reasoning, or error of law that the moving party wishes to have reconsidered;

(2) A description of how each error causes the department’s decision to be unlawful, unjust, or unreasonable, in respect to jurisdiction, authority, or observance of the law, an abuse of discretion, or is arbitrary or capricious;

(3) A concise statement outlining the factual findings, reasoning, or legal conclusion proposed by the moving party;

(4) The relief being requested; and

(5) Any argument or memorandum of law the moving party wishes to file in support of the request.

(c) A party opposing a motion for reconsideration, rehearing, or clarification shall file its response within 7 days of the filing of the motion. Failure to reply to a motion for reconsideration, rehearing, or clarification within the time allowed shall constitute a waiver of objection to the motion but shall not in and of itself constitute grounds for granting the motion.

(d) Reconsideration, rehearing, or clarification shall be granted only in those instances where the hearing officer determines that there is clearly a mistake or that clarification is needed.

(e) The filing of such a request shall not suspend any portion of the decision or the 30 day period for filing an appeal to the compensation appeals board for workers' compensation decisions, or suspend any other time limit or any other appeal method allowed by statute.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 204.10 Decision on Motion for Reconsideration, Rehearing, or Clarification {#sec-lab-204.10 omnilex-key=us-nh-regs-official--agency-lab--Lab 204.10}

The department shall grant or deny the request for reconsideration, rehearing, or clarification within 10 days of the filing of the motion where no response or objection has been filed. The department shall grant or deny the motion within 10 days of receipt of a response or objection filed in accordance with Lab 204.09(c).

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

Part Lab 205 Appeals to the Compensation Appeals Board

N.H. Code Admin. R. Ann. Lab 205.01 Appeal {#sec-lab-205.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 205.01}

(a) Any party aggrieved by a decision of the commissioner, commissioner’s representative, or a hearing officer regarding a workers' compensation issue, may appeal the same to the compensation appeals board.

(b) All appeals shall be heard de novo.

(d) All appeals shall specify every issue being appealed.

(e) The appeal shall be filed with the compensation appeals board no later than 30 calendar days from the date of the decision.

(f) If a timely notice of appeal is filed by a party, any other party may file a notice of cross-appeal within 10 days from the date on which the first notice of appeal was filed.

(g) Late appeals may be filed in accordance with RSA 281-A:50.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 205.02 Procedures Prior to the Appeal Hearing {#sec-lab-205.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 205.02}

(a) Upon receipt of an appeal request, the compensation appeals board shall send an acknowledgment and the assigned docket number to all parties with a scheduling statement to be completed and returned as soon as possible, but in no case more than 60 calendar days after mailing by the board.

(b) The scheduling statement shall provide the following information:

(1) Name of the case and docket number;

(2) Parties to the hearing and who they represent;

(3) An estimation of the time needed to conduct the appeal hearing;

(4) A preliminary listing of all witnesses to be called;

(5) A listing of videotaped material and the actual running time of these materials; and

(6) All procedural issues and motions.

(c) Any correspondence, pleading, or evidence submitted for an appeal proceeding shall be in triplicate and include the appeal docket number. Failure to provide the docket number on any correspondence shall result in the documentation submitted being excluded from the file.

(d) The compensation appeals board shall waive (c), above, upon finding that a party cannot reasonably comply due to lack of financial or technical resources.

History

#8922-A, eff 7-1-07; amd by #9877, eff 2-25-11; ss by #14534, eff 3-12-26 (formerly Lab 205.03)

N.H. Code Admin. R. Ann. Lab 205.03 Time and Date of Hearing {#sec-lab-205.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 205.03}

(a) The compensation appeals board shall schedule the appeal hearing and send notice to the parties of record containing the date, time, and location of the hearing at least 14 calendar days prior to the appeal hearing. If a party is represented by counsel, one hearing notice will be sent to the counsel of record.

(b) If all parties agree, the 14 day notice may be waived.

(c) The notice shall contain the section of the law by statute number and heading relating to the issues in dispute between the parties.

(d) The notice shall contain a statement that each party has the right to have representation by an attorney at the party’s own expense.

(e) Upon receipt of a notice of hearing, the insurance carrier or third party administrator shall immediately forward a copy of same to the employer.

(f) Unless otherwise prohibited by this chapter or by law, upon the consent of any party, delivery may be by fax or electronic mail, in lieu of delivery by first class mail. If a notice of appearance has been filed, the representative shall be served.

(g) A worker’s compensation appeal hearing shall be scheduled for a date no later than 6 weeks after receipt of the appeal petition.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 205.02)

N.H. Code Admin. R. Ann. Lab 205.04 Depositions {#sec-lab-205.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 205.04}

(a) In any appeal proceeding before the panel of the compensation appeals board, the testimony of a medical witness may be presented by means of a stenographic or videotaped deposition. In all cases 3 copies of a stenographic deposition shall be provided to the panel.

(b) In order for a deposition of a non-medical witness to be admitted at the appeal hearing on the merits the party seeking to take the deposition of a non-medical witness shall first submit a written notice to the compensation appeals board of the party’s intent to take the deposition of a non-medical witness. This notice shall be provided at the time the scheduling statement is completed, pursuant to Lab 205.02, at least 10 days prior to the pre-hearing conference scheduled under Lab 205.06.

(c) The panel at a pre-hearing conference shall grant permission for the taking of a deposition of a non-medical witness only upon finding that:

(1) It is not possible for the witness to appear in person at a hearing due to illness or injury, or that the witness cannot be subpoenaed to appear under the normal procedures set out in RSA 516, and a postponement or delay of the hearing until the witness can appear would be prejudicial to one or both parties to the hearing; or

(2) It is more likely to promote the just, accurate, and efficient resolution of the pending dispute to allow the deposition of the non-medical witness.

(d) In all such cases, the panel conducting the hearing shall be provided with 3 copies of a stenographic deposition.

(e) Any party desiring to take deposition testimony for a hearing shall provide other parties to the proceeding with a notice at least 10 calendar days prior to the deposition stating the time, date, and location of the deposition, the name of the person being deposed, and the name and address of the stenographer or person taking the videotaped deposition. All depositions shall be completed so that timely exchange of transcripts or videotaped materials may be made at least 14 calendar days before the scheduled hearing date.

(f) Depositions may be taken outside of the state of New Hampshire pursuant to RSA 517:15-18 if there is agreement by the parties or if a witness refuses to attend the deposition. Any records or reports to be introduced by the party taking the deposition shall be made available to other parties at the time of giving notice of the deposition.

(g) At the commencement of the deposition, the party taking the deposition shall state whose deposition it is, the name of the proceeding, where it is being taken, who the parties are that will be asking the questions, and the date and time of the deposition. Care shall be taken for videotaped depositions to have the witnesses speak slowly and distinctly and to make sure that papers are readily available for reference without undue delay and unnecessary noise. Counsel and witnesses shall comport themselves at all times as if they were appearing in person at an appeals hearing.

History

#8922-A, eff 7-1-07; ss by #9877, eff 2-25-11; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 205.05 Motions {#sec-lab-205.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 205.05}

(a) All dispositive motions, motions to exclude disclosed evidence, and motions challenging jurisdiction or raising procedural matters shall be filed in accordance with Lab 203.06 in triplicate.

(b) If a motion is filed after a date is assigned for the compensation appeals board hearing, the motion shall be heard at the onset of the scheduled appeal and, if appropriate, the hearing shall go forward on the merits.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 205.06 Prehearing Conference {#sec-lab-205.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 205.06}

(a) The compensation appeals board shall schedule a prehearing conference to consider:

(1) Any pending evidentiary, procedural, or dispositive motions with the parties stipulating to uncontested facts; and

(2) Stipulations or admissions as to issues of fact or proof by the consent of the parties.

(b) The parties shall be given an opportunity to select a hearing date in consultation with all parties and the compensation appeals board.

(1) All counsel and parties shall have immediate access to their individual calendars to facilitate scheduling; and

(2) All counsel and parties shall be prepared to give expert witnesses, key witnesses, and medical witnesses or their representative availability dates or shall have them be available by telephone during the prehearing conference time to confirm the hearing date selected. All parties shall provide a final list of witnesses to the compensation appeals board and other parties that they intend to call to the appeal hearing at least 7 business days prior to the date of the hearing.

(d) Parties shall be prepared to justify their reason if more than 2 hours is needed for a hearing.

History

#8922-A, eff 7-1-07; amd by #9877, eff 2-25-11; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 205.07 Withdrawal of a Panel Member {#sec-lab-205.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 205.07}

(a) Upon their own initiative or upon the motion of any party, a panel member shall withdraw from any adjudicative proceedings for good cause.

(b) Good cause shall exist if the panel member:

(1) Has a direct interest in the outcome of the matter, including but not limited to, a financial or family relationship with any party;

(2) Has made statements or engaged in behavior which objectively demonstrates that they have prejudged the facts of the case; or

(3) Personally believes that they cannot fairly judge the facts of the case.

(c) Mere knowledge of the issues or acquaintances with any party or witness shall not constitute good cause for withdrawal.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 205.08 Waiver or Suspension of Rules by the Panel {#sec-lab-205.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 205.08}

The chair of the panel, upon the motion of any party, or on their own initiative, shall suspend or waive any requirements or limitation imposed by this chapter when the suspension or waiver:

(a) Appears to be lawful; and

(b) Is more likely to promote the just, accurate, and efficient resolution of the pending dispute than would adherence to the particular requirement or procedure.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 205.09 Conduct of Hearing {#sec-lab-205.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 205.09}

(a) Unless otherwise agreed at a prehearing conference, the appealing party shall be responsible for compiling all documentary evidence to be considered by the compensation appeals board. This compilation shall be indexed, tabbed, and paginated. The final compilation shall be submitted in triplicate with the compensation appeals board at the time of the hearing.

(b) The compensation appeals board shall waive (a) above upon finding that a party cannot reasonably comply due to a lack of financial or technical resources.

(c) Any evidence whose admissibility is in dispute may be submitted separately from the submission as required by (a) above, pending ruling on any objections.

(d) All medical evidence shall be furnished to the opposing parties 5 business days before the hearing date. A list of all non-medical witnesses and evidence shall be furnished to the opposing parties 2 business days prior to the hearing date.

(e) The panel shall, upon objection of any party, prohibit introduction of evidence or submissions that were not disclosed prior to the hearing upon a finding that the objecting party would be prejudiced by the admission.

(f) Unless waived by the parties, an audio recording of the hearing shall be made by the panel and the recording shall be maintained by the compensation appeals board for a period of one year following the order or ruling of the panel on the issues presented. Copies of audio recordings shall be available for a fee to cover the cost of the audio recording within one year after the appeal hearing decision is issued. If transcriptions are made of hearing testimony and used for any purpose in any proceeding, a copy of such transcription shall be furnished to all parties of record. Any party may have a stenographer present at a hearing, so long as that party bears the cost.

(g) The panel, on the request of a party, shall sequester witnesses until they are called to testify. However, a witness shall be sequestered, as appropriate, only if one individual from each party remains present in the hearing room throughout the process to ensure neither side is placed at an unfair advantage.

(h) Testimony of witnesses shall begin with the administration of oaths or affirmations. The chair shall, at the outset of the hearing, record the place, time, date, and issues of the hearing together with the names of those parties making an appearance.

(i) The chair of the panel is charged with regulating the course of the hearing and may accept offers of proof together with all relevant evidence. The chair shall conduct the hearing in such a manner as to best safeguard the rights of the parties. The chair shall rule on all matters of evidence and procedure relative to the conduct of the hearing. The chair shall not be bound by formal rules of evidence. Any probative and relevant evidence shall be received by the chair during the course of the hearing. The chair shall exclude evidence on the basis that it is irrelevant, immaterial, or unduly repetitious.

(j) Each party shall have the opportunity to present a closing statement at the conclusion of the hearing. The insurance carrier or employer shall make such closing statement first. In the event that the hearing has exceeded its allotted time, the panel shall require written closing statements to be submitted in triplicate within 7 calendar days of the hearing date.

(k) A determination shall be made by the panel on the basis of evidence presented at the hearing and the panel shall not consider ex parte information, regardless of its source. If the submission of additional documentation is required or allowed by the chair, copies of all such documents shall be provided within the timeframe allowed by the chair with copies to all opposing parties. The non-producing parties shall be afforded 10 calendar days to object and comment upon such submission prior to the issuance of any order or ruling by the panel.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 205.10 Decision of the Panel {#sec-lab-205.10 omnilex-key=us-nh-regs-official--agency-lab--Lab 205.10}

(a) The panel shall render a written ruling or decision within 30 calendar days of the close of the record of the hearing. A decision of the panel shall require a majority vote.

(b) The parties may submit proposed findings of facts and rulings of law.

(1) Be stated in clear and concise language; and

(2) Consist of relevant fact(s) supported by the record with specific reference to the page number of the record or report, which supports each request, as applicable.

(d) A party submitting proposed findings of fact or rulings of law shall furnish the opposing party with a copy of the proposed findings 10 days prior to the start of the hearing. The parties shall make a sincere effort to agree on as many of the proposed findings as possible, and shall inform the panel as to which proposed findings are agreed upon and which are contested.

(e) Parties submitting proposed findings of fact or rulings of law shall exercise restraint and limit the number of proposed submissions to those directly relevant to the issues under consideration.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26

Part Lab 206 Appeal of the Decision of the Compensation Appeals Board

N.H. Code Admin. R. Ann. Lab 206.01 Motion for Rehearing {#sec-lab-206.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 206.01}

(a) Within 30 calendar days after a final order or any decision issued by the panel, any party to the action or proceeding before the panel may apply for a rehearing in respect to any matter determined in the action or proceeding, or covered or included in the order, specifying in the motion for rehearing the grounds. Objections to the motion for rehearing shall be filed within 5 working days of the request for the rehearing.

(b) Such motion shall set forth fully every ground which it is claimed that the decision or order complained of is unlawful or unreasonable. No appeal shall be taken unless the appellant has made application for rehearing as herein provided. When such application is made, no ground not set forth therein shall be considered by the panel. Motions for rehearing under this section and RSA 541 shall be submitted to the compensation appeals board with a copy to all parties.

(c) Upon the filing of such motion for rehearing, the panel shall within 10 calendar days either grant or deny the motion, or suspend the order or decision complained of pending further consideration.

(d) A motion for rehearing shall be granted only if:

(1) Evidence is presented with the motion for rehearing which was not available at the time of hearing which the panel determines would change the decision rendered;

(2) The party making the motion for rehearing demonstrates the panel was in error concerning the interpretation or application of the applicable state statute or administrative rule; or

(3) The party making the motion for rehearing demonstrates the decision is contrary to controlling law.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #9877, eff 2-25-11; ss by #14534, eff 3-12-26 (formerly Lab 206.02-Lab 206.04)

N.H. Code Admin. R. Ann. Lab 206.02 Appeal to Supreme Court {#sec-lab-206.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 206.02}

Within 30 calendar days after the application for a rehearing is denied, or, if the application is granted, then within 30 calendar days after the decision on such rehearing, the party aggrieved by an order may appeal by petition to the supreme court pursuant to RSA 281-A:43, I(c) and the rules of the supreme court of the state of New Hampshire.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 206.04); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 206.05)

Part Lab 207 Hearings Regarding Cvrp or Cvrpi Misconduct Complaints

N.H. Code Admin. R. Ann. Lab 207.01 Presiding Officer {#sec-lab-207.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 207.01}

(a) The board, which for this part means the vocation rehabilitation advisory board, shall designate a presiding officer to conduct a hearing on any certified vocational rehabilitation provider (CVRP) or certified vocational rehabilitation provider intern (CVRPI) misconduct complaints filed pursuant to Lab 516.11 when:

(1) The complaint has not been dismissed by the board; or

(2) The complainant disagrees with the board’s dismissal of a complaint filed pursuant to Lab 516.11.

(b) The presiding officer shall conduct the proceedings as hearing officer in accordance with the procedural rules set forth at Lab 203 and Lab 204.01 through Lab 204.07.

History

#14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 207.02 Delivery of Documents {#sec-lab-207.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 207.02}

Notwithstanding the provisions of Lab 204, documents submitted for CVRP or CVRPI misconduct hearings shall be filed with the board electronically at VocRehab@dol.nh.gov.

History

#14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 207.03 Intervention {#sec-lab-207.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 207.03}

(a) A non-party complainant may intervene in a matter pending before a presiding officer under the provisions of RSA 541-A:32 by filing a written motion stating facts demonstrating that the non-party complainant’s rights or other substantial interests might be affected by the proceeding.

(b) The presiding officer shall grant intervention if they determine that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing.

(c) An intervenor shall have no role in the disciplinary hearing of the CVRP or CVRPI complained against other than that of witness unless the intervenor petitions for, and is granted, the right to intervene.

History

#14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 207.04 Role of the Board’s Special Investigator {#sec-lab-207.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 207.04}

The special investigator appointed by the board pursuant to Lab 516.11(d)(2) shall be the party to present the case against the CVRP or CVRPI.

History

#14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 207.05 Role of Board Staff in Hearings {#sec-lab-207.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 207.05}

Board staff shall have no role in misconduct hearings unless called as a witness by a party to the hearing.

History

#14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 207.06 Public Records. {#sec-lab-207.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 207.06}

Transcripts of testimony as well as documents and materials admitted into evidence shall be public records unless the presiding officer determines that all or part of them is exempt from disclosure under RSA 281-A:21-b, RSA 91-A:5, or applicable case law.

History

#14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 207.07 Disposition {#sec-lab-207.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 207.07}

(a) The presiding officer shall, within 15 days of the hearing, serve the board with a proposed disposition and a copy of the record. The proposed disposition shall include:

(1) A statement of the reason for the proposed disposition; and

(2) Findings of fact and rulings of law relevant to the proposed disposition.

(b) The board shall review the proposed disposition and hearing record and render a written decision disposing of the matter no later than 30 days from the date of the proposed disposition. The written decision disposing of the matter shall include any possible sanctions, including warning, suspension, or revocation of a certificate. The decision shall not become final until the possibility of rehearing as set forth in Lab 209.08 is exhausted.

(d) The board shall keep a final decision in its records for at least 5 years following its date of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

History

#14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 207.08 Request for Reconsideration, Rehearing, or Clarification {#sec-lab-207.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 207.08}

(a) A CVRP or CVRPI aggrieved by a disposition of the board may, within 30 days from the date of the disposition, apply for a rehearing with respect to any matter determined in the disposition or covered by the disposition, specifying the grounds for the motion for rehearing. Objections to the motion for rehearing shall be filed within 5 working days of the request for rehearing.

(b) A motion for rehearing shall set forth fully every ground which it is claimed that the disposition complained of is unlawful or unreasonable. No appeal shall be taken unless the aggrieved party has made an application for rehearing as herein provided. When such application is made, no ground not set forth in the application shall be considered by the board. Motions for rehearing under this section and RSA 541 shall be submitted to the board with a copy to all parties.

(c) The board shall, within 10 calendar days of receipt of a motion for rehearing or objection to motion for rehearing, grant or deny the motion.

(d) A motion for rehearing shall only be granted if:

(1) Evidence is presented with the motion for rehearing that was not available at the time of hearing which the board determines would change the disposition;

(2) The party making the motion for rehearing demonstrates that the board erred concerning interpretation or application of applicable state statute or administrative rule; or

(3) The party making the motion for rehearing demonstrates the disposition is contrary to controlling law.

History

#14534, eff 3-12-26

N.H. Code Admin. R. Ann. Lab 207.09 Settlement of Some or All Issues in a Dispute {#sec-lab-207.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 207.09}

Any CVRP or CVRPI who has a dispute before the board shall have the opportunity at any time to settle some or all of the issues. To be effective, an agreement to settle shall be:

(a) In writing;

(b) Signed by the CVRP or CVRPI; and

History

#14534, eff 3-12-26

Part Lab 208 Award of Fees and Interest in Workers’ Compensation Claims

N.H. Code Admin. R. Ann. Lab 208.01 Attorney Fees in Workers’ Compensation Hearings {#sec-lab-208.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 208.01}

(a) An attorney for a claimant who prevails in a workers’ compensation hearing before a hearing officer shall be entitled to reasonable attorney’s fees and costs as follows:

(1) When the issue in dispute relates to the causal relationship of the injury to employment and the injury is found compensable, the attorney representing the claimant shall be entitled to 20% of the retroactive indemnity benefits ordered, payable out of the benefit received from the claimant;

(2) The non-payment of medical bills pending a resolution of the question of causal relationship shall not result in said bills being included in the amount used to calculate the award of fees unless the bills were disputed as provided in (3) below;

(3) When the issue in dispute is related to specific medical bills that the carrier has disputed as not reasonable, necessary, or causally related to a compensable injury, or denied as not being causally related to the compensable injury, or not required by the nature of the injury, counsel fees and cost shall be payable by the carrier;

(4) If the issue in dispute relates to medical bills and a period of disability subsequent to the case being found compensable the attorney shall be entitled to:

a. 20% of the retroactive benefits payable out of the benefits received from the claimant; and

b. Reasonable fees and cost paid by the carrier as a result of the medical bill dispute; and

(5) If the issue in dispute relates to concerns a permanent impairment award, the attorney representing the claimant shall be entitled to 20% of the award payable out of that award.

(b) The attorney for a claimant who has not prevailed at the department level but prevails on appeal to the board or state supreme court shall be entitled only to those fees and costs as awarded by the board or the court resulting from those proceedings and shall not apply for additional fees or costs incurred at the department level.

(c) The attorney for a claimant shall file a request for attorney fees within 60 days from the date of the hearing officer’s decision or the ruling on any motion for rehearing.

History

#6806, eff 7-18-98; ss by #7141, eff 11-24-99; ss by #8922-B, eff 7-1-07 (formerly Lab 208.01); ss by #10960, eff 10-23-15; ss by #14534, eff 3-12-26 (formerly Lab 207.01)

N.H. Code Admin. R. Ann. Lab 208.02 Award of Fees and Interest at Compensation Appeals Board Hearings {#sec-lab-208.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 208.02}

(a) If the claimant prevails in a contested case appealed to the compensation appeals board, the carrier shall pay the claimant reasonable attorney’s fees and costs and interest on unpaid benefits at the rate specified by RSA 281-A:44, II.

(b) If the employer appeals a decision of a hearing officer and, prior to the appeal hearing withdraws that appeal, the employer shall pay reasonable attorney’s fees and costs to the employee for preparing for the appeal hearing unless the parties have reached a lump sum settlement of the case or have otherwise agreed to address the fee issue.

(c) The claimant or their attorney shall file a request for the payment of attorney’s fees or interest no later than 60 days after the board has issued its decision in the case or ruled on any motions for rehearing.

(d) Requests for approval of an award of attorney's fees and costs pursuant to RSA 281-A:44, shall be submitted to the compensation appeals board. Such requests shall include an itemization of time, costs, and expenses expended in pursuit of the claim before the compensation appeals board, including professional language interpreters, and a copy of the fee agreement with the claimant, and compute the applicable interest in accordance with RSA 281-A:44, III.

History

#8922-B, eff 7-1-07; ss by #9877, eff 2-25-11; ss by #10960, eff 10-23-15; ss by #14534, eff 3-12-26 (formerly Lab 207.02)

Part Lab 209 Ethical Standards for Participants in the Hearings Process

N.H. Code Admin. R. Ann. Lab 209.01 Ethical Standards {#sec-lab-209.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 209.01}

Hearing officers, board members, and legal counsel to the department in the discharge of their official duties, and all persons participating in the hearings process covered by this chapter shall observe and be governed by the following ethical standards of conduct:

(a) Hearing officers and board members shall avoid the appearance of impropriety in all activities. They shall conduct themselves in a manner which promotes public confidence in their integrity and impartiality and of the hearings process of the department in general;

(b) Hearing officers, board members, and legal counsel to the department shall:

(1) Perform their duties impartially and diligently;

(2) Know the applicable laws and rules;

(3) Maintain order and decorum in proceedings before them;

(4) Be patient and courteous to those persons who participate in the hearings process; and

(5) Dispose promptly of matters heard by them;

(c) Hearing officers and board members shall disqualify themselves when their impartiality might be reasonably questioned. They shall not participate in a contested case where they have a personal bias or prejudice concerning a party or a party’s representative, personal knowledge of disputed evidentiary facts concerning the proceeding, or where they or a relative is a party to the proceeding or is known by them to have a substantial interest in the outcome of the proceeding;

(d) Hearing officers and board members shall avoid ex parte communications as defined by Lab 202.04. They shall not permit private communications concerning a pending matter unless such communications are at the same time provided to all other persons interested in the matter;

(e) Hearing officers and board members shall not directly or indirectly solicit or accept any gift or gratuity of any value from any person or party involved in any contested matter pending before them. Gifts or gratuities include but shall not be limited to meals, alcoholic beverages, hotel accommodations, travel expenses, flowers, and the like, but shall not include mementos of token value received for speaking engagements or meals received at functions in which the department has a specific part in the program. Gifts or gratuities received unsolicited shall be returned to the donor as quickly as possible but not later than 7 days following receipt. Written notification of receipt of gifts or gratuities shall be reported to the commissioner no later than 5 days following receipt;

(f) A person who has been employed by the department as a hearing officer shall not thereafter appear before the department on behalf of any party in a matter where the hearing officer was involved while an employee of the department. A hearing officer shall not appear in any contested case before the department on behalf of any party until the expiration of one year following termination of employment with the department;

(g) No member of the board shall participate directly or indirectly as a representative to a proceeding before a hearing officer at the department of labor; and

(h) A hearing officer, board member, member of the department, or any other participant in the hearing process who observes or otherwise becomes aware of a violation of these ethical standards by a hearing officer or by any other participant in the hearing process shall report such violation, in writing, to the commissioner.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 208.01)

Part Lab 210 Response to Petitions

N.H. Code Admin. R. Ann. Lab 210.01 Petition for a Rule or Declaratory Ruling {#sec-lab-210.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 210.01}

(a) Any interested person may petition the commissioner to adopt, amend, or repeal a rule or to issue a declaratory ruling which interprets a law or rule administered by the department.

(b) Any petition for a change in rules shall include the language of the rule the petitioner wants adopted or the text of the rule as it would be after amended.

(c) Those petitioning for a declaratory ruling, as defined by RSA 541-A:1, V, shall submit the following information to the commissioner in writing:

(1) The specific statute, rule, or order whose applicability is being questioned;

(2) The interest of the petitioner;

(3) The activity in question; and

(4) The name, address, and phone number of the petitioner.

(d) Any petition which does not contain the information in (c) above shall be inadequate.

History

#6805-B, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 209.01)

N.H. Code Admin. R. Ann. Lab 210.02 Response {#sec-lab-210.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 210.02}

(a) Within 30 days after the submission of a petition for rulemaking, the agency shall either deny the petition in writing, stating its reasons for the denial, or shall initiate rulemaking proceedings within 120 days.

(b) The commissioner shall act on the petition for declaratory ruling within 30 days after receipt of all information required by Lab 210.01(c) as follows:

(1) Issue a written declaratory ruling;

(2) Reject the declaratory ruling petition if it is inadequate, beyond the scope of the commissioner’s authority, involves a hypothetical situation, or otherwise seeks advice as to how the commissioner would decide a future case, or there is pending legislation or rulemaking, a pending administrative or judicial proceeding, or a pending investigation or examination that will address the petition; or

(3) Refer the petition to the department of justice when the commissioner requires legal guidance.

(c) When the commissioner refers a petition to the department of justice in accordance with Lab 210.02(b)(3), the commissioner shall have 120 days from receipt of the petition to render a decision on the petition.

History

#6805-B, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 209.02)

Part Lab 211 Public Comment Hearings

N.H. Code Admin. R. Ann. Lab 211.01 Purpose. {#sec-lab-211.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 211.01}

The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 210.01)

N.H. Code Admin. R. Ann. Lab 211.02 Public Access and Participation {#sec-lab-211.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 211.02}

(a) Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Lab 211.03.

(b) People who wish to testify shall be asked to write on the speaker’s list:

(1) Their full name and addresses; and

(2) The names and addresses of organizations, entities, or other persons whom they represent, if any.

(c) Written comments, which may be submitted in lieu of or in addition to oral testimony, shall be accepted for 10 days after the adjournment of a hearing or after the adjournment of a postponed or continued hearing.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 210.02)

N.H. Code Admin. R. Ann. Lab 211.03 Limitations on Public Participation {#sec-lab-211.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 211.03}

The labor commissioner, the labor commissioner’s designee, or board as applicable to preside over a hearing shall:

(a) Refuse to recognize for speaking or revoke the recognition of any person who:

(1) Speaks or acts in an abusive or disruptive manner;

(2) Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or

(3) Restates more than once what they have already stated; and

(b) Limit presentation on behalf of the same organization or entity to no more than 15 minutes, providing that all those representing such organization or entity may enter their name and addresses into the record as supporting the position of the organization or entity.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 210.03)

N.H. Code Admin. R. Ann. Lab 211.04 Media Access {#sec-lab-211.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 211.04}

Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward:

(a) Limitation of the number of media representatives when their number together with the number of other members of the public present exceeds the capacity of the hearing room;

(b) Limitations on the placement of cameras to specific locations within the hearing room; or

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 210.04)

N.H. Code Admin. R. Ann. Lab 211.05 Conduct of Public Comment Hearings {#sec-lab-211.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 211.05}

(a) Public comment hearings shall be attended by the labor commissioner, the commissioner’s designee, or board as applicable.

(b) Public comment hearings shall be presided over by the labor commissioner, the labor commissioner’s designee, or board as applicable knowledgeable in the subject area of the proposed rules who has been designated by the commissioner to preside over the hearing.

(1) Call the hearing to order;

(2) Identify the proposed rules that are the subject matter of the hearing and provide copies of them upon request;

(3) Cause a recording of the hearing to be made;

(4) Recognize those who wish to be heard;

(5) If necessary, establish limits pursuant to Lab 211.03 and Lab 211.04;

(6) If necessary to permit the hearing to go forward in an orderly manner, effect the removal of a person who speaks or acts in a manner that is personally abusive or otherwise disrupts the hearing;

(7) If necessary, postpone or move the hearing; and

(8) Adjourn or continue a hearing.

(d) A hearing shall be postponed in accordance with RSA 541-A:11, IV when:

(1) The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so;

(2) There is no quorum of the board due to illness or unavoidable absence; or

(3) Postponement will facilitate greater participation by the public.

(e) A hearing shall be moved to another location in accordance with RSA 541-A:11, V when the original location is not able to accommodate the number of people who wish to attend the hearing.

(f) A hearing shall be continued past the scheduled time or to another date in accordance with RSA 541-A:11, III when:

(1) The time available is not sufficient to give each person who wishes to speak a reasonable opportunity to do so; or

(2) The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend and it is not possible to move the hearing to another location.

History

#8922-A, eff 7-1-07; ss by #14534, eff 3-12-26 (formerly Lab 210.05)

Part Lab 212 Explanation of Adopted Rules

N.H. Code Admin. R. Ann. Lab 212.01 Request for Explanation of Adopted Rules {#sec-lab-212.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 212.01}

Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the department or respective board including:

(a) The name and address of the person making the request; or

(b) If the request is from an organization or other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.

History

#8922-B, eff 7-1-07; ss by #10913, eff 8-22-15 ss by #14534, eff 3-12-26 (formerly Lab 211.01)

N.H. Code Admin. R. Ann. Lab 212.02 Contents of Explanation {#sec-lab-212.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 212.02}

The department or respective board shall, within 90 days of receiving a request for an explanation of an adopted rule, provide a written response which:

(a) Concisely states the principal reasons for and against the adoption of the rule in its final form; and

(b) States, why the department or respective board overruled any arguments and considerations presented against the rule.

APPENDIX

Rule

Specific State Statute which the Rule Implements

Lab 201

RSA 281-A:42-a, I; RSA 281-A:43; RSA 157-A:10-a, II;

RSA 157-B:13-a, II; RSA 275:41-a; RSA 275:51, V; RSA 275:57, V; RSA 275-A:5; RSA 275-E :4, I; RSA 541-A:30-a

Lab 202

RSA 541-A:36; RSA 281-A:42-a, I; RSA 541-A:30-a; RSA 273

Lab 203.01

RSA 281-A:42-a, I; RSA 281-A:43; RSA 157-A:10-a, II;

RSA 157-B:13-a, II; RSA 273:11-a, II; RSA 275:41-a; RSA 275:51, V; RSA 275:57, V; RSA 275-A:5; RSA 275-E :4, I; RSA 541-A:30-a

Lab 203.02

RSA 541-A:36

Lab 203.03

RSA 541-A:30-a

Lab 203.04

RSA 541-A:30-a, III; RSA 281-A:43, I(a)

Lab 203.05

RSA 541-A:30-a, III(h); RSA 281-A:43, I(a) & (b)

Lab 203.06

RSA 541-A:30-a; RSA 541-A:31

Lab 203.07

RSA 541-A:30-a, III

Lab 203.08

RSA 541-A:30-a; RSA 541-A:31

Lab 203.09

RSA 541-A:30-a, III

Lab 203.10

RSA 281-A:49; RSA 275:51, III

Lab 203.11

RSA 541-A:30-a, III(d) & (e)

Lab 203.12

RSA 541-A:30-a, III

Lab 203.13

RSA 541-A:30-a, III(f)

Lab 203.14

RSA 281-A:60, I(d); RSA 281-A:21-b

Lab 204.01

RSA 281-A:43, I(a) & (b); RSA 157-A:10-a, II; RSA 157-B:13-a, II; RSA 275:41-a; RSA 275:51, V; RSA 275:57, V; RSA 275-A:5; RSA 275-E:4, I; RSA 541-A:30-a, III(a), (b), & (c); RSA 281-A:69; RSA 275:37-d

Lab 204.02

RSA 281-A:43, I(a) & (b); RSA 541-A:31, III

Lab 204.03

RSA 281-A:43, I(a) & (b); RSA 541-A:31, III

Lab 204.04

RSA 281-A:43, I; RSA 541-A:31

Lab 204.05

RSA 541-A:30-a, III(k)

Lab 204.06

RSA 541-A:30-a, III(j)

Lab 204.07

RSA 281-A:23, V(d); RSA 541-A:31, VI & VII; RSA 541-A:33;

RSA 541-A:30-a

Lab 204.08

RSA 281-A:43, I(a) & (b), II; RSA 541-A:35

Lab 204.09

RSA 541:3,4, & 5

Lab 204.10

RSA 541:3,4, & 5

Lab 205.01

RSA 281-A:50; RSA 281-A:43, I(b)

Lab 205.02

RSA 281-A:43, I(b), RSA 541-A:30-a, III; RSA 541-A:31, V

Lab 205.03

RSA 281-A:43, I(b)

Lab 205.04

RSA 517

Lab 205.05

RSA 281-A:43

Lab 205.06

RSA 541-A:31, V

Lab 205.07

RSA 541-A:30, III(k)

Lab 205.08

RSA 541-A:30, III(j)

Lab 205.09

RSA 281-A:23, V(d); RSA 541-A:31, VI & VII; RSA 541-A:33;

RSA 541-A:30-a, III

Lab 205.10

RSA 281-A:43, I(b); RSA 281-A:42-a, I; RSA 541-A:35

Lab 206.01

RSA 541; RSA 541:3; RSA 541:4, RSA 541:5, RSA 281-A:43, I(c)

Lab 206.02

RSA 541:6

Lab 207.01

RSA 281-A:25; RSA 281-A:68 RSA 281-A:69, RSA 541-A:30

Lab 207.02

RSA 281-A:68; RSA 281-A:69

Lab 207.03

RSA 281-A:25; RSA 281-A:68; RSA 281-A:69; RSA 541-A:32

Lab 207.04

RSA 281-A:68; RSA 281-A:69

Lab 207.05

RSA 281-A:68; RSA 281-A:69

Lab 207.06

RSA 281-A:21-b; RSA 281-A:68; RSA 281-A:69,

Lab 207.07

RSA 281-A:68; RSA 281-A:69; RSA 541-A:34; RSA 541-A:35

Lab 207.08

RSA 541

Lab 207.09

RSA 281-A:68; RSA 281-A:69

Lab 208

RSA 281-A:44, I-III

Lab 209.01

RSA 281-A:43

Lab 209.01(a) – (d)

RSA 21-G:27

Lab 209.01(e)

RSA 21-G:25

Lab 209.01(f), (g), & (h)

RSA 21-G:27

Lab 210.01

RSA 541-A:29

Lab 210.02

RSA 541-A:29

Lab 211

RSA 541-A:16, I(b)(3)

Lab 212

RSA 541-A:11, VII

History

#8922-B, eff 7-1-07; ss by #10913, eff 8-22-15 ss by #14534, eff 3-12-26 (formerly Lab 211.02)

Chapter Lab 300 Workers' Compensation Insurance Coverage

Part Lab 301 Purpose

N.H. Code Admin. R. Ann. Lab 301.01 Purpose {#sec-lab-301.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 301.01}

This chapter sets forth the policies, procedures, and forms for carrying out the provisions of RSA 281-A pertaining to workers' compensation insurance.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

Part Lab 302 Policy

N.H. Code Admin. R. Ann. Lab 302.01 Policy {#sec-lab-302.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 302.01}

It is the policy of this department to require every employer who is subject to the statute to secure payment of benefits in accordance with RSA 281-A:5. Accordingly, employers and the insurance industry shall comply with the applicable provisions of RSA 281-A and this chapter and in providing the department with the necessary information.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

Part Lab 303 Definitions

N.H. Code Admin. R. Ann. Lab 303.01 Agency {#sec-lab-303.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.01}

"Agency" means an insurance establishment duly licensed to provide workers' compensation coverage.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 303.02 Benefits {#sec-lab-303.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.02}

"Benefits" means compensation for wage loss, medical care, and rehabilitation as provided by RSA 281-A.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 303.03 Binder {#sec-lab-303.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.03}

"Binder" means an agreement, or memorandum thereof, whereby an agency or carrier undertakes to provide coverage to an employer pending filing of notice of coverage with the department.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 303.04 Carrier {#sec-lab-303.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.04}

"Carrier" means an insurance company duly licensed to secure payment of benefits under RSA 281-A:5, I.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.05)

N.H. Code Admin. R. Ann. Lab 303.05 Carrier identification number {#sec-lab-303.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.05}

"Carrier identification number" means a 3 digit number assigned to the carrier by the New Hampshire department of labor.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.06)

N.H. Code Admin. R. Ann. Lab 303.06 Coverage {#sec-lab-303.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.06}

"Coverage" means New Hampshire workers' compensation insurance.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.07)

N.H. Code Admin. R. Ann. Lab 303.07 Election {#sec-lab-303.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.07}

"Election" means a voluntary acceptance of the statute by an employer not otherwise subject to its provisions, as authorized by RSA 281-A:2, VI and RSA 281-A:3.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 303.06); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.08)

N.H. Code Admin. R. Ann. Lab 303.08 Establishment {#sec-lab-303.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.08}

"Establishment" means the location or jobsite where the activities of a business are conducted.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 303.07); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.09)

N.H. Code Admin. R. Ann. Lab 303.09 Employee {#sec-lab-303.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.09}

"Employee" means any person who works full or part-time for an employer and persons who regularly operate businesses or practice trades who have elected to purchase workers' compensation coverage for themselves.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5558, eff 1-18-93 (formerly Lab 303.08), EXPIRED: 1-18-99
#9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.10)

N.H. Code Admin. R. Ann. Lab 303.10 Employer {#sec-lab-303.10 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.10}

"Employer" means any private or public entity that has one or more full or part time employees subject to the compulsory workers' compensation coverage requirements of the statute or that has any excluded individuals who have elected to purchase workers' compensation coverage for themselves. The terms "employer" and "carrier" are synonymous where an employer is self-insured under RSA 281-A:5, III.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 303.09); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.11)

N.H. Code Admin. R. Ann. Lab 303.11 Employer identification number {#sec-lab-303.11 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.11}

“Employer identification number" means the 9 digit federal identification number assigned to an employer by the Internal Revenue Service. Forms to be used for the purpose of applying for a federal identification number may be obtained at any local office of the IRS, Post Office or from IRS, Andover, Massachusetts. Upon receipt of this number, the employer shall forward same immediately to the agent or carrier providing coverage.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 303.10); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.12)

N.H. Code Admin. R. Ann. Lab 303.12 Exclusion {#sec-lab-303.12 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.12}

"Exclusion" pursuant to RSA 281-A:18-a, means election not to purchase coverage by 3 or fewer executive officers of a corporation or by 3 or fewer members of a limited liability company when coverage would otherwise be compulsory.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 303.11); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.13)

N.H. Code Admin. R. Ann. Lab 303.13 National Council on Compensation Insurance {#sec-lab-303.13 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.13}

“National Council on Compensation Insurance” or “NCCI” means the nonprofit service organization for insurance companies at the mailing address of PO Box 3098, Boca Raton, FL 33431-0998.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 303.14 Reinstatement {#sec-lab-303.14 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.14}

“Reinstatement" means the restoring or renewal of coverage by the same carrier without a lapse in coverage as confirmed by department records.

History

#4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 303.12); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.15)

N.H. Code Admin. R. Ann. Lab 303.15 Statute {#sec-lab-303.15 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.15}

“Statute" means the Workers' Compensation Law, RSA 281-A, as amended.

History

#4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 303.13); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.l6)

N.H. Code Admin. R. Ann. Lab 303.16 Termination {#sec-lab-303.16 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.16}

“Termination" means the cessation of coverage.

History

#6806, eff 7-18-98 (formerly Lab 303.14); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16 (from Lab 303.17)

N.H. Code Admin. R. Ann. Lab 303.17 Wrap up Policy {#sec-lab-303.17 omnilex-key=us-nh-regs-official--agency-lab--Lab 303.17}

“Wrap up Policy” means a workers compensation insurance policy written by a carrier to cover a short term project that covers the general contractor and all subcontractors or the specific worksite. These policies are also known as “an ‘Owner Controlled Insurance Policy’ (OCIP)”.

History

#6806, eff 7-18-98 (formerly Lab 303.15); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

Part Lab 304 Coverage Responsibility

N.H. Code Admin. R. Ann. Lab 304.01 Employers {#sec-lab-304.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 304.01}

(a) The primary responsibility for coverage shall rest upon the employer. Such responsibility shall be exercised by applying for coverage as required by RSA 281-A:5, I, or II or by furnishing proof of financial ability to pay compensation and receiving permission from the labor commissioner to self-insure pursuant to RSA 281-A:5, III as specified in Lab 400.

(b) The employer's responsibility to obtain coverage shall begin before hiring any employee. An employer's responsibility to obtain coverage shall also begin when a valid termination notice canceling existing coverage is received from the carrier, and the employer shall answer the department's inquiry about the reason(s) for termination of coverage as discussed in Lab 307.03.

(c) When coverage is available only through the assigned risk plan as discussed in Lab 305, the employer's application for coverage shall constitute a valid application only when accompanied by the required premium payment.

(d) The employer shall demonstrate compliance with the coverage provisions of the statute by posting the “Notice of Compliance” form WCP-1 (4/2014), contained in appendix II in a conspicuous location available to all employees in accordance to RSA 281-A:4.

(e) Employers who have not already done so shall apply immediately to the US Internal Revenue Service for an employer identification number and supply the same to the agent, carrier as well as department of labor on request.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 304.02 Agencies and Employers {#sec-lab-304.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 304.02}

(a) Agents and employers shall share coverage responsibility by making clear the status of coverage by providing accurate information to carriers beginning upon receipt by the agent of a complete application for coverage from the employer. This shall include the information necessary to complete or change the “Exclusion of Executive Officers or Members” form 6WCex (7/2015), contained in appendix II if applicable, and also include the necessary information to complete all other coverage forms.

(b) If the agent is not successful in obtaining coverage for the employer through the voluntary market, the agent is further responsible for advising the employer of the availability of coverage under the existing assigned risk plan of the NCCI, for providing the proper application form, and for advising the employer that the application is complete only when accompanied by payment of the required premium.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; amd by #5658, eff 6-28-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 304.03 Agencies and Carriers {#sec-lab-304.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 304.03}

(a) Agents and carriers shall share in coverage responsibility by processing the necessary paperwork and advising each other and the employer of the status of an application for coverage beginning upon the agent's receipt of a completed application for coverage, and extending until the carrier accepts the risk voluntarily or the risk is assigned to a carrier through the assigned risk plan. Agencies shall provide to the carrier the necessary information for the carrier to complete the “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II and send it to the department. Only those specific executive officers on file with the department shall be excluded.

(b) Agencies and carriers shall advise any employer applying for coverage to apply to the U S Internal Revenue Service for a federal employer identification number if the employer has not already done so. The absence of an identification number shall not relieve the agent or carrier from the filing requirements delineated in Lab 306. As soon as the number is available, the carrier shall report the assigned ID number to the department.

History

#4854, eff 6-29-90; amd by #5658, eff 6-28-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 304.04 Carriers {#sec-lab-304.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 304.04}

(a) Carriers shall provide access to all prescribed coverage and claims forms. Supplies of these forms shall not be provided by the department.

(b) Carriers shall furnish covered businesses with a sufficient number of posters, Notice of Compliance form WCP-1, and provide access to claims forms as required by Lab 500.

(1) Bind coverage;

(2) Write new policies;

(3) Make notice of change of Federal Identification Number;

(4) Add or delete locations;

(5) Add endorsements;

(6) Terminate and reinstate coverage; or

(7) Any other relevant changes.

(d) The carrier shall complete and file a paper “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II, with the Department of Labor when applicable as prescribed by Lab 306 and Lab 307.

(e) The carrier shall forward by certified mail a copy of the “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II to each of the executive officers or members listed on the form.

(f) Carriers shall contact the department to be assigned a carrier identification number prior to underwriting coverage in New Hampshire.

(g) The carrier's responsibilities delineated above shall pertain solely to workers' compensation insurance.

History

#4854, eff 6-29-90; amd by #5558, eff 1-18-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 304.05 Self-Insurance, Homogenous Self-Insured Groups and Third Party Administrators {#sec-lab-304.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 304.05}

(a) Self-insured employers, homogenous self-insured groups and third party administrator shall provide access to all prescribed coverage and claims forms. Supplies of these forms shall not be provided by the department.

(b) Self-insured employers, homogenous self-insured groups and third party administrators shall furnish covered businesses with a sufficient number of forms “Notice of Compliance” WCP-1(4-2014), contained in appendix II.

(c) The self-insured employers, homogenous self-insured groups and third party administrator shall complete and file “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008), “Supplemental Notice of Coverage” form 6WC-S (3/2013), “Notice of Termination” form WC 100 (10/1991), “Notice of Reinstatement” form WC-100R (9/2015) as well as an “Exclusion of Executive Officers or Members” form 6WCex (7/2015), all contained in appendix II when applicable as prescribed by Lab 306 and Lab 307.

(d) The self-Insured employers, homogenous self-insured groups and third party administrators shall forward by certified mail a copy of the “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II to each of the executive officers or members listed on the form.

(e) Self-insured employers, homogenous self-insured groups and third party administrator shall contact the department to be assigned a carrier identification number prior to underwriting coverage in New Hampshire.

(f) The self-insured employers, homogenous self-insured groups and third party administrators responsibilities delineated above shall pertain solely to workers’ compensation insurance.

History

#11065, eff 4-1-16

Part Lab 305 Assigned Risk Coverage Through the National Council on Compensation Insurance (ncci)

N.H. Code Admin. R. Ann. Lab 305.01 Bureau Coverage {#sec-lab-305.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 305.01}

When coverage is provided by the assigned risk plan NCCI shall provide the department with proof of coverage

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; ss by #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

Part Lab 306 Evidence of Coverage

N.H. Code Admin. R. Ann. Lab 306.01 Filing Notice of Coverage {#sec-lab-306.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 306.01}

(a) As explained in this part, to show any changes in coverage, the appropriate party shall complete and file with the department the appropriate “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008).

(b) Each “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008) contained in appendix II shall be completed and filed either directly by a carrier, self-insured employer, homogenous self-insured group, or third party administrator, or the form shall be completed and filed on their behalf by that party providing sufficient information to NCCI so that NCCI can complete and file the form with the department to show any changes in coverage.

(c) “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008) contained in appendix II shall be filed as soon as possible after completion of arrangements to provide coverage, but no later than 10 calendar days after the date binder is issued.

(d) Insufficient information provided to NCCI shall render the filing invalid but shall not affect the insurance coverage of the employer.

(e) Insufficient information provided to NCCI shall constitute noncompliance and shall subject the carrier to the civil penalty as prescribed by RSA 281-A: 7, I and Lab 309. The penalty shall be applied for each day of noncompliance following the carrier’s notification by the department and continuing until the properly completed form is filed with the department.

(f) Notice of coverage shall be given in terms of coverage, not individual contract policy. Notice of coverage shall not be filed annually at the time of policy renewal. Once notice of coverage has been filed coverage shall remain in force until a valid termination notice has been filed with the department or until a new notice of coverage is filed.

History

(See Revision Note at part heading for Lab 306) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 306.02 Filing Notice of Voluntary Coverage {#sec-lab-306.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 306.02}

(a) The appropriate party, as explained in Lab 306.01 (b) shall complete and file a “Notice of Coverage” form 6WC (4/2008) contained in appendix II in the following circumstances:

(1) When insuring an employer's business having no prior coverage in this state;

(2) When insuring a business previously insured by a company outside the carrier's group or fleet of companies;

(3) When renewing a business' coverage with the same carrier group or fleet following a lapse in the business' coverage confirmed by the department's records;

(4) When requested by the department to show proof of New Hampshire coverage for an injury that has occurred in New Hampshire;

(5) When one group or fleet of carriers is acquired by another group or fleet of carriers and coverage is transferred to the acquiring company; and

(6) When the department is notified of coverage but the NCCI records do not indicate New Hampshire coverage.

(b) The appropriate party, as explained in Lab 306.01(b), shall complete and file a “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008) contained in appendix II as notice of coverage for the employer’s primary location. If the employer has 2 or more establishments, locations or job sites operating under different federal identification numbers, a separate “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008) contained in appendix II shall be completed and filed for each.

History

(See Revision Note at part heading for Lab 306) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 306.03 Filing Notice of Elective Coverage {#sec-lab-306.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 306.03}

(a) When an employer purchases elective coverage alone as provided by RSA 281-A:3, or simultaneously purchases elective coverage and voluntary coverage for the business, the appropriate party, as explained in Lab 306.01(b), shall file notice of elective coverage by completing and filing both “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008) and “Election of Individuals or Partners” form 6WC-EL (07/2015), contained in appendix II. Employer election shall identify the person to be covered.

(b) When elective coverage is added after the purchase of voluntary coverage, or a person is added to existing elective coverage, the appropriate party, as explained in Lab 306.01(b), shall complete and file the pertinent section of “Election of Individuals or Partners” form 6WC- EL (7/2015) contained in appendix II.

(c) Elective coverage shall continue until canceled by filing “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008) contained in appendix II or Lab 307 termination notices. Elective coverage shall continue until properly terminated by filing a superseding “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008) contained in appendix II or a properly completed termination notice.

History

(See Revision Note at part heading for Lab 306) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 306.04 Filing Notice of Changes in Voluntary or Elective Coverage {#sec-lab-306.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 306.04}

(a) The appropriate party, as explained in Lab 306.01(b), shall complete and file notice of changes in coverage by completing and filing the pertinent sections of “Supplemental Notice” form 6WC-S (3/2013), contained in appendix II, when:

(1) Reporting a newly assigned federal employer identification number if the original “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008) contained in appendix II was filed under a Social Security number;

(2) Adding to existing coverage an additional establishment, location or job site operating under the same federal employer identification number;

(3) Deleting such an establishment from coverage;

(4) Deleting only elective coverage when a prior filing indicated both elective and voluntary coverage;

(5) Deleting a partner from existing elective coverage;

(6) Changing information regarding the primary location; or

(7) Correcting the type of organization when reported incorrectly on the original “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008) contained in appendix II.

History

#5558, eff 1-18-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 306.05 Filing for Exclusion of Executive Officers or Members {#sec-lab-306.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 306.05}

(a) A corporation or limited liability company may elect to exclude 3 or fewer executive officers or members pursuant to RSA 281-A:18-a. This shall be done by the appropriate party, as explained below, completing and filing the “Exclusion of Executive Officers or Member” form 6WCex (7/2015) contained in appendix II.

(b) Only Carriers or NCCI on a carrier’s behalf shall complete and file with the department an “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II. Any filing from another entity shall not be valid.

(c) This form shall not be valid unless there is a “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008) contained in appendix II already on file at the department with the same named employer.

(d) If the “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II is not on file at the department, the executive officers or members shall not be excluded.

(e) The carrier shall forward a copy of the “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II to each officer or member listed on the form by certified mail.

(f) If there is a change of carrier, a new “Exclusion of Executive Officers or Members” 6WCex (7/2015) contained in appendix II form shall be completed and filed by the new carrier.

(g) All officers or members to be excluded shall be listed on each new filing of the “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II. Failure to complete the form accurately and fully shall negate the entire form. Each time an “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II is completed and filed, a copy shall be sent to the listed executive officers or members by certified mail.

(h) When all of the excluded officers or members elect to be covered, a new “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II shall be completed and filed.

(i) In the event of an injury, the “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II that was on file with the department on the date of injury shall be the determining document as to whether that employee is excluded.

(j) Each filing of an “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II that was on file of the department on the date of injury shall be the determining document as to whether that employee is excluded.

(k) Those executive officers or members who elect to be excluded under “Exclusion of Executive Officers or Members” form 6WCex (7/2015) contained in appendix II shall not be considered uninsured employees of a subcontractor under RSA 281-A:18.

History

#11065, eff 4-1-16 (from Lab 306.04)

N.H. Code Admin. R. Ann. Lab 306.06 Wrap up or Owner Controlled Insurance Policy (OCIP) {#sec-lab-306.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 306.06}

(a) A carrier may elect to provide coverage for short term projects or worksites.

(b) The carrier writing such coverage shall provide the required information to the department by completing and filing a “Notice of OCIP Coverage” form 6WC-wup (7/2015), contained in appendix II as soon as possible but no later than 10 days after the date the OCIP policy is issued.

(c) Failure of a carrier to file an accurately and fully completed “Notice of OCIP Coverage” form 6WC-wup (7/2015) contained in appendix II shall constitute noncompliance and shall subject the carrier to the civil penalty as prescribed by RSA 281-A:7 I (2) (b) and Lab 309. The penalty shall be applied for each day of non-compliance following the carrier’s notification by the department and continuing until the properly completed notice is filed with the department.

(d) A “Notice of OCIP Coverage” form 6WC-wup (7/2015) contained in appendix II shall be completed and filed for following circumstances, when:

(1) A wrap up or OCIP policy is issued for a specific project;

(2) A general contractor is indicated for a specific project; or

(3) A sub-contractor is indicated for a specific project.

History

#11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 306.07 Wrap up or Owner Controlled Insurance Policy (OCIP) Termination {#sec-lab-306.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 306.07}

(a) A carrier shall provide all the required information to the department by completing and filing a “Notice of Termination for OCIP Coverage” form 6WC-wut (7/2015), contained in appendix II as soon as possible but no later than 10 calendar days after the date the wrap up or OCIP policy was terminated.

(b) Failure of a carrier to file an accurately and fully completed “Notice of Termination for OCIP Coverage” form 6WC-wut (7/2015) contained in appendix II shall result in continuation of such coverage until a properly completed notice is filed with the department.

(c) A notice of “Termination for OCIP Coverage” form 6WC-wut (7/2015) contained in appendix II shall be filed by the carrier to the department for each of the following circumstances:

(1) When a project is completed;

(2) When a general contractor is no longer working on a project; or

(3) When a sub-contractor is no longer working on a project.

History

#11065, eff 4-1-16

Part Lab 307 Termination and Reinstatement of Coverage

N.H. Code Admin. R. Ann. Lab 307.01 Purpose {#sec-lab-307.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 307.01}

This section sets forth the requirements a carrier shall follow when terminating and reinstating workers compensation coverage.

History

(See Revision Note at part heading for Lab 307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 307.02 Termination of Coverage {#sec-lab-307.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 307.02}

(a) A carrier shall provide the department with notice of termination when it seeks to terminate an employer’s coverage. A carrier shall not file such notice if it cancels a particular insurance policy contract if coverage will continue under a subsequent contract.

(b) Coverage may be terminated only for the following reasons:

(1) The employer changes carriers;

(2) The employer goes out of business;

(3) The employer’s business is sold;

(4) The employer has no employees;

(5) A premium payment is past due;

(6) At the request of carrier or agency; or

(7) The revocation of a carrier’s voluntary acceptance.

(c) The carrier shall electronically provide the NCCI all necessary information to terminate coverage. The termination date shall be the last date on which coverage is in effect, subject to the minimum notice requirements of RSA 281-A:9.

(d) A Self-insured group terminating a member employer shall complete and file with the department a “Termination Notice” form WC-100 (10/1991), contained in appendix II to terminate coverage. The termination date shall be the last date on which coverage is in effect, subject to minimum notice requirements of RSA 281-A: 9. If the self-insured group reinstates the member employer without a lapse after filing a form WC-100, then the group shall notify the department by completing and filing “Reinstatement Notice” form WC-100R (9/2015), contained in Appendix II.

(e) If the carrier or self-insured is merely canceling and rewriting a policy but coverage is not being affected, no termination of coverage notice shall be required.

(f) If, however, the carrier decides to continue coverage with no lapse after sending a notice of termination pursuant to Lab 307.02(b) then the carrier shall file with the NCCI all necessary information and the coverage will be considered reinstated. Reinstatement of coverage shall be the renewal of coverage or continuation of coverage by the same carrier without a lapse in coverage.

(g) Upon the department’s receipt of a cancellation of coverage and in the absence of new or renewed coverage, the department shall contact the employer in writing to confirm receipt of the termination notice and reasons given by the carrier.

(h) Failure to accurately and fully complete “Termination Notice” form WC-100 (10/1991) contained in appendix II shall invalidate the filling, and coverage shall remain in effect pending proper filing of the notice.

History

(See Revision Note at part heading for Lab 307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 307.03 Effective Date of Termination {#sec-lab-307.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 307.03}

(a) Termination of coverage shall take effect no earlier than 45 days after the date the filing is received by the department except when coverage is terminated due to nonpayment of premium or when elective coverage is being revoked. In these 2 cases, termination of coverage shall take effect no earlier than 30 days after the date the filing is received by the department.

(b) The effective date of termination shall be based upon receipt in the department regardless of termination date by NCCI.

History

(See Revision Note at part heading for Lab 307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07 (from Lab 307.04); ss by #11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 307.04 Reinstatement {#sec-lab-307.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 307.04}

To reinstate coverage prior to the effective date of termination, carriers shall file with the NCCI with all necessary information, pursuant to Lab 307.02 (f). Self-insured groups and third party administrators shall complete and file “Reinstatement Notice” form WC-100 (10/1991) contained in appendix II with the department, pursuant to Lab 307.02 (d).

History

(See Revision Note at part heading for Lab 307) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07 (from Lab 307.04) ; ss by #11065, eff 4-1-16

Part Lab 308 Instructions for Completing Coverage Forms - Repealed

N.H. Code Admin. R. Ann. Lab 308.01 Workers' Compensation Insurance Coverage {#sec-lab-308.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 308.01}

– Lab 308.04

History

(See Revision Note at part heading for Lab 308) #4854, eff 6-29-90; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; rpld by 11065, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 308.05 Workers' Compensation Insurance Coverage {#sec-lab-308.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 308.05}

History

#5558, eff 1-18-93; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; rpld by #11065, eff 4-1-16

Part Lab 309 Civil Penalties for Non-Compliance

N.H. Code Admin. R. Ann. Lab 309.01 Application {#sec-lab-309.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 309.01}

(a) The commissioner shall assess civil penalties against employers who fail to secure compensation to employees pursuant to RSA 281-A: 7, as specified in Lab 309.01 (d).

(b) The commissioner shall assess a civil penalty against insurance carriers who fail to provide proper notice of coverage to the department as specified in Lab 309.01 (d).

(d) In determining the dollar amount of a civil penalty for any violation within these rules, the commissioner shall set the penalty to advance the goal of preventing future misconduct by considering the following factors:

(1) The severity of the violation;

(2) The frequency of the violation;

(3) Whether the violator is a repeat offender; and

(4) Other similar factors that the commissioner finds demonstrate that the violation warrants a higher civil penalty.

APPENDIX

Rule

Specific State Statute which the Rule Implements

Lab 301.01

RSA 281-A:5

Lab 302.01

RSA 281-A:5

Lab 303.01

RSA 281-A:5

Lab 303.02

RSA 281-A:23; RSA 281-A:25; RSA 281-A:28

Lab 303.03

RSA 281-A:5

Lab 303.04

RSA 281-A:5

Lab 303.05

RSA 281-A:2, XII

Lab 303.06

RSA 281-A:2, XII

Lab 303.07

RSA 281-A:5

Lab 303.08

RSA 281-A:2, VI, RSA 281-A:3

Lab 303.09

RSA 281-A:7

Lab 303.10

RSA 281-A:2, VI, VII; RSA 281-A:18-a

Lab 303.11

RSA 281-A:2,VIII, IX; RSA 281-A:5 III

Lab 303.12

RSA 281-A:7

Lab 303.13

RSA 281-A:18-a

Lab 303.14

RSA 281-A:4

Lab 303.15

RSA 281-A:5

Lab 303.16

RSA 281-A:1

Lab 303.17

RSA 281-A:9

Lab 303.18

RSA 281-A:5

Lab 304.01

RSA 281-A:2, VIII, IX, RSA 281-A:4,

RSA 281-A:5, I, II, III

Lab 304.02

RSA 281-A:5,7, RSA 281-A:9, RSA 281-A:18-a

Lab 304.03

RSA 281-A:5,7, RSA 281-A:9, RSA 281-A:18-a

Lab 304.04

RSA 281-A:4, RSA 281-A:7, RSA 281-A:9,

RSA 281-A:18-a

Lab 304.05

RSA 281-A:5-c RSA 281-A:5-d, RSA 281-A:18-a

Lab 305

RSA 281-A:5

Lab 306.01

RSA 541-A:5

Lab 306.02

RSA 281-A:3, RSA 281-A:5,RSA 281-A:7

Lab 306.03

RSA 281-A:5

Lab 306.04

RSA 281-A:18-a, RSA 281-A:18

Lab 306.05

RSA 281-A: 5

Lab 306.06

RSA 281-A:5

Lab 307.01

RSA 281-A:9,10

Lab 307.02

RSA 281-A:9

Lab 307.03

RSA 281-A:9, RSA 281-A:10

Lab 307.04

RSA 281-A:5, RSA 281-A:10

Lab 308 - Reserved

Lab 309

RSA 281-A:7

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; EXPIRED: 12-27-90
#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11065, eff 4-1-16

Chapter Lab 400 Workers' Compensation Self-Insurance

Part Lab 401 Purpose

N.H. Code Admin. R. Ann. Lab 401.01 Statement of Purpose {#sec-lab-401.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 401.01}

This chapter sets forth the procedures and forms for carrying out the provisions of RSA 281-A pertaining to workers' compensation self-insurance.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16

Part Lab 402 Definitions

N.H. Code Admin. R. Ann. Lab 402.01 Aggregate excess {#sec-lab-402.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.01}

"Aggregate excess" means coverage which applies once within each specified policy term or portion thereof.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 402.02 Attachment point {#sec-lab-402.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.02}

"Attachment point" means the dollar amount at which the risk retention for the self-insurer ends and at which the involvement of the carrier begins.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 402.03 Carrier {#sec-lab-402.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.03}

"Carrier" means a legal entity, or group thereof, which has been lawfully authorized by the state's insurance department to market insurance in this state.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16 (from Lab 402.04)

N.H. Code Admin. R. Ann. Lab 402.04 Certificate {#sec-lab-402.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.04}

"Certificate" means the documentary evidence of insurance to be filed with the department as proof of coverage by a carrier.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16 (from Lab 402.05)

N.H. Code Admin. R. Ann. Lab 402.05 Coverage {#sec-lab-402.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.05}

"Coverage" means the full amount of insurance.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16 (from Lab 402.06)

N.H. Code Admin. R. Ann. Lab 402.06 Excess per Loss {#sec-lab-402.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.06}

"Excess per Loss" means the amount above the attachment point on each work injury incident.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16 (from Lab 402.07)

N.H. Code Admin. R. Ann. Lab 402.07 Financial Ability {#sec-lab-402.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.07}

“Financial Ability” means having the resources and willingness to make direct payment of compensation in amounts, manner, and when due.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16 (from Lab 402.08)

N.H. Code Admin. R. Ann. Lab 402.08 Guarantee {#sec-lab-402.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.08}

"Guarantee" means surety bond, security, or cash that is deposited with the department and available for self-insurer retention if the self-insurer fails to pay directly.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16 (from Lab 402.09)

N.H. Code Admin. R. Ann. Lab 402.09 Parent company support {#sec-lab-402.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.09}

"Parent company support" means a written agreement filed with the department on behalf of a subsidiary for the purpose of guarantying payment of workers' compensation benefits in a specified amount in the event the self-insured subsidiary defaults.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16 (from Lab 402.10)

N.H. Code Admin. R. Ann. Lab 402.10 Permit {#sec-lab-402.10 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.10}

"Permit" means the documentary evidence that an employer, or an association or group of employers, has been authorized by the commissioner to be self-insured.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16 (from Lab 402.11)

N.H. Code Admin. R. Ann. Lab 402.11 Principal {#sec-lab-402.11 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.11}

"Principal" means the self-insured.

7-15-06, EXPIRED: 1-11-07

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff
#9019, eff 11-1-07; ss by #11066, eff 4-1-16 (from Lab 402.12)

N.H. Code Admin. R. Ann. Lab 402.12 Security {#sec-lab-402.12 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.12}

"Security" means an evidence of property, as a stock certificate or bond, which is negotiable and transferable.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16 (from Lab 402.13)

N.H. Code Admin. R. Ann. Lab 402.13 Self-insurer retention {#sec-lab-402.13 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.13}

“Self-insurer retention” means the amount below the attachment point on each work injury incident.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16 (from Lab 402.14)

N.H. Code Admin. R. Ann. Lab 402.14 Self-insurer {#sec-lab-402.14 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.14}

"Self-insurer" means an employer, or association or group of employers, which has been authorized by the commissioner to be self-insured.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16 (from Lab 402.15)

N.H. Code Admin. R. Ann. Lab 402.15 Surety {#sec-lab-402.15 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.15}

"Surety" means a company licensed in this state to furnish surety bonds.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07 (from Lab 402.14); ss by #11066, eff 4-1-16 (from Lab 402.16)

N.H. Code Admin. R. Ann. Lab 402.16 Surety Bond {#sec-lab-402.16 omnilex-key=us-nh-regs-official--agency-lab--Lab 402.16}

“Surety Bond” means a contract among three parties, the self-insurer as principal, a financial institution as surety, and the commissioner as obligee, using the wording of “Surety Bond” form WCSI-2 (8/1994), contained in appendix II.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16

Part Lab 403 Self-Insurance Authorization

N.H. Code Admin. R. Ann. Lab 403.01 Purpose of Rules {#sec-lab-403.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 403.01}

No employer, or association of employers, shall be self-insured without the commissioner's authorization. Authorization shall be evidenced by a permit. No permit shall be issued by the commissioner unless an employer, or association or group of employers, has furnished satisfactory proof of financial ability through submission of a surety bond, parent company agreement, certified financial statements, proof of excess insurance, and willingness to make direct payment of workers' compensation benefits in accordance with Lab 405.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 403.02 Duration {#sec-lab-403.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 403.02}

A permit shall remain in effect indefinitely, except that it shall be subject to voluntary termination and to revocation for good and sufficient reason as defined in Lab 403.03. The self-insurer shall be issued a self-insurance permit by the commissioner.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 403.03 Revocation {#sec-lab-403.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 403.03}

Permits shall be revoked by reason of:

(a) Failure to cooperate with the department;

(b) Failure to make payment of compensation benefits;

(d) Any other condition which demonstrates that the self-insurer is unable to meet the requirements of RSA chapter 281-A.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 403.04 Voluntary Termination {#sec-lab-403.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 403.04}

All self-insurers shall notify the department in writing at least 30 days prior to ceasing to be self-insured, and in addition to filing “Termination Notice”, form WC-100 (10/1991), in accordance with Lab 307 & 308.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16

Part Lab 404 Association or Group Self-Insurance

N.H. Code Admin. R. Ann. Lab 404.01 Homogenous Self-Insured Groups {#sec-lab-404.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 404.01}

Employers as defined by RSA 281-A:2, VIII and IX who have similar trades, businesses, occupations, professions, or functions may become self-insured as an association or group upon meeting the applicable requirements of this part, subject to the following provisions:

(a) Such employers shall form or join an association or group;

(b) Upon receipt of a self-insurance permit, an association or group shall complete and file with the department “Notice of Workers Compensation Insurance Coverage” form 6WC (4/2008) and “Supplemental Notice of Information Regarding Workers' Compensation Insurance Coverage” form 6WC-S (3/2013) specifying all members, and shall update these filings upon each new membership, in accordance with Lab chapter 300;

(d) Group self-insurance shall not relieve a member of any obligation under the statute or related rules of the department;

(e) Notice or knowledge of a work injury incident by a member shall be deemed conclusively to be constructive notice or knowledge on the part of an association or group;

(f) The insolvency, bankruptcy, or disassociation of a member shall not relieve the association or group from liability under the statute;

(g) When the membership of an employer ceases, an association or group shall complete and file written notice with the department, not less than 30 days prior to the effective date, in addition to filing with respect to such employer a “Termination Notice” form WC-100, (10/1991) in accordance with Lab 307; and

(h) When the membership of an employer ceases, but is then reinstated prior to the effective date of termination, an association or group shall file with the department a “Reinstatement Notice” form WC-100 R (9/2015) in accordance with Lab 307.02.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16

Part Lab 405 Satisfactory Proof of Financial Ability

N.H. Code Admin. R. Ann. Lab 405.01 Proof of Financial Ability {#sec-lab-405.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 405.01}

Proof of financial ability and willingness to make direct payment of compensation in amounts, manner, and when due as required by RSA 281-A:5, III, shall be given to the commissioner as provided in this part.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 405.02 Application for Self-Insurance {#sec-lab-405.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 405.02}

Application for self-insurance shall be made as follows:

(a) A first time applicant shall complete and file with the department a “Workers Compensation Self-Insurance Application” form WSCI-1 (2/2016), contained in appendix II if the applicant is a single employer, or a “Workers Compensation Self-Insurance Application-Group” form WSCI-1A (2/2016) contained in appendix II if the applicant is an association or group of employers , together with balance sheet data or the most recent annual report containing such data, payroll data, and an “Annual Financial Statement” form WCSI-11 (3/1975) contained in appendix II .

(b) Annually after first receipt of a self-insurance permit, the self – insurer shall complete and file with the department an “Annual Financial Statement” form WCSI-11, a “Report of Outstanding Liabilities” form WCSI-9 (3/1975), contained in appendix II, a “Workers’ Compensation Self-Insurance Questionnaire” form WCSI-16 (9/2015), contained in appendix II, a full report of actuarial analysis and opinion, and the “Actuarial Opinion Summary Sheet” form WCSI-7 (9/2015), contained in appendix II.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 405.03 Self-Insured Retention {#sec-lab-405.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 405.03}

(a) A self-insurer shall identify to the commissioner the dollar amount of the attachment point, up to which the self-insurer will be responsible for the payment of workers’ compensation benefits for each work injury incident.

(b) In support of this identification of amount, the self- insurer shall submit:

(1) The dollar amount of the proposed self-insurer retention;

(2) Five years of loss history;

(3) A financial statement of the self-insured; and

(4) Any other factor that may impact the self-insurer’s ability to pay claims.

(c) The commissioner shall review the submission and approve an amount for the self-insurer retention based on his or her discretion.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91; amd by #5501, eff 11-12-92; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11066, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 405.04 Supplemental Guarantee of Payment {#sec-lab-405.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 405.04}

(a) The self-insurer shall provide to the commissioner a supplemental guarantee of payment of the self-insurer retention. The supplemental guarantee of payment shall be in the form of a surety bond or securities or cash.

(b) A surety bond shall use the wording of “Surety Bond”, form WCSI-2 (8/1994) contained in Appendix II and shall name the State of New Hampshire Commissioner of Labor as beneficiary, and shall be in a penal sum not to exceed the 90-percent confidence level determined by the actuary of the self-insured and reported to the department on the “Actuarial Opinion Summary Sheet”, form WCIS-7 (9/2015) contained in Appendix II.

(c) The commissioner shall require a surety bond exceeding the amount of self-insurer retention upon application or annual review under any of the following circumstances:

(1) Lack of financial history;

(2) Fluctuating financial statements;

(3) Litigation pending in other jurisdictions;

(4) Any negative change in the financial picture of a self-insurer; or

(5) The confidence levels determined in “Actuarial Opinion Summary Sheet” form WCSI-7.

(d) Such surety bond shall remain in full force and effect unless terminated by the surety by written notice of its intention to do so filed in the office of the labor commissioner, and by giving written notice thereof to the principal. After proper notice, the surety’s liability shall terminate at the expiration of 90 days from the date of such filing and not earlier. However, such termination shall not relieve the surety of its continual liability under this bond for obligations that occurred prior to the effective date of such termination.

(e) If the self-insurer ceases to be an employer subject to the statute, or if it obtains coverage pursuant to RSA 281-A:5,I, then the liability of the self-insurer and of the surety shall cease, except as to such liability which has accrued during the life of the obligation. The surety shall be liable to the full extent of the penal sum in the event the self-insurer defaults.

(f) Should the financial circumstances of the self-insurer change, the commissioner shall order an additional surety bond or supplemental guarantee or both or permit a reduction in the penal sum of an existing bond or the substitution of a new bond. Increases or reductions of the penal sum of a bond may be done by endorsement. Bonds shall remain in the possession of the department, even subsequent to their termination, except that the effective date of the termination shall be acknowledged in writing by the department to both the principal and the surety.

(g) In lieu of the surety bond referred to in Lab 405.04 (b) through (f), the self-insurer shall deposit and keep on deposit with a New Hampshire bank cash, securities, or both in trust for the benefit of a self-insurer's employees. Such guarantees shall be used, liquidated and disbursed exclusively upon the self-insurer's default and upon the commissioner's order, for the purpose of making direct payment of compensation benefits as provided by the statute and administrative rule of the department.

(h) The self-insured and its fiduciary shall complete and file a “Securities Deposit Agreement” form WCSI-3 (1/1992), contained in appendix II, if the self-insured is using securities or cash as a supplemental guarantee.

(i) The commissioner shall order additional guarantees if an annual actuary opinion indicates such change is prudent or permit a reduction or substitution if an annual actuary opinion indicates such change is prudent. Income from such deposit shall accrue to the self-insurer.

(j) The agreement evidencing and governing a deposit of securities shall be executed by the self-insurer as principal, the bank's trust officer as fiduciary, and the commissioner as administrator of the statute, and shall remain in full force and effect until other guarantees provided by this section are substituted.

(k) If the self-insurer ceases to be an employer subject to the statute or insures pursuant to RSA 281-A:5, I, the liability of the principal and the fiduciary shall cease except with respect to liability which has accrued during the life of the agreement. The bank and the fiduciary shall be liable to the full extent of the sum of cash or the market value of the securities on deposit.

(l) No such deposit of securities may be withdrawn by anyone, without prior authorization of the commissioner. No guarantees deposited pursuant to this section shall be assignable, or subject to attachment, or liable in any way for the debt of the self-insurer unless such liability is incurred under RSA 281-A.

(m) The self-insurer shall obtain a completed “Certificate of Insurance” form WCSI-4 (1/1992) contained in appendix II, executed by a carrier for excess insurance. The excess coverage shall include the New Hampshire amendatory endorsement as issued by the insurance department. The self-insurer shall obtain a completed copy of the “New Hampshire Amendatory Endorsement” form WCSI-5 (4/1996), contained in appendix II from the carrier to send to the department of labor to demonstrate proof of compliance. Such insurance shall guarantee within the stated coverage, beginning at attachment point, the payment of compensation benefits as provided by the statute.

(n) The certificate shall remain in full force and effect until it has been replaced or other guarantees have been substituted, or until a written notice of termination has been on file with the department for a minimum period of 45 days. If the self-insurer ceases to be an employer subject to the statute or insures pursuant to RSA 281-A: 5, I, the liability of the carrier shall cease except as to such liability which has accrued during the life of the certificate.

(o) If the self-insurer is a subsidiary to a parent entity the self-insurer shall file evidence of a parent company support, guaranteeing payment of compensation benefits under the statute up to a specific sum. This guarantee invests the commissioner with the power to order the manner and amount of payment upon default of the self-insurer. Termination of such agreement shall require a 60-day written notice to be filed with the department. “The Parent Company Agreement” form WCSI-6 (1/1992) contained in appendix II shall be used.

History

#9019, eff 11-1-07 (from Lab 405.03); ss by #11066, eff 4-1-16

Part Lab 406 Self-Insured Public Employers - Replealed

N.H. Code Admin. R. Ann. Lab 406.01 Application and Permit {#sec-lab-406.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 406.01}

REPEALED

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; rpld by #11066, eff 4-1-16

Part Lab 407 Instructions for the Completion of Self-Insurance Forms - Repealed

N.H. Code Admin. R. Ann. Lab 407.01 Workers' Compensation Self-Insurance {#sec-lab-407.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 407.01}

407.08 - REPEALED

History

#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; rpld by #11066, eff 4-1-16

Part Lab 408 Regulation of Third Party Administrators

N.H. Code Admin. R. Ann. Lab 408.01 Purpose {#sec-lab-408.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.01}

The purpose of this part is to provide for the regulation and licensing of third party administrators who perform services for employers self-insuring their workers’ compensation and to set forth procedural requirements which the commissioner deems necessary to carry out the provisions of RSA 281-A:5-d.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.02 Definitions {#sec-lab-408.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.02}

(a) “Third party administrator (TPA)” means “third party administrator” as defined in RSA 281-A:5-d.

(b) “Department” means the department of labor.

(d) “Self-insurer” means a person, partnership, association, limited liability company, corporation, or legal representative of a person, partnership, association, limited liability company, or corporation who employs one or more persons whether in one or more trades, businesses, professions, or occupations and whether in one or more locations who is approved by the department of labor to assume the responsibility for providing workers’ compensation for wage loss, remedial care, and rehabilitation as provided by RSA 281-A.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.03 Application {#sec-lab-408.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.03}

(a) A TPA shall not operate as a TPA in this state without a certificate of authority from the department which will be issued only following review of the information supplied by the applicant as described in Lab 408.18.

(b) Any amendment to the application shall be filed in the same manner as the application. If an application is amended, such amendment shall be considered, and subject to approval or denial, in the same manner as the original application.

(c) A TPA shall notify the commissioner in writing of any change in the information required to be filed under these rules including, but not limited to, a change of address or name, no later than 30 days after the change. If a change occurs but notification is not provided, the certificate of registration shall be terminated following notice and an opportunity for hearing.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.04 Surety Bond {#sec-lab-408.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.04}

(a) All applicants shall provide financial assurance as follows:

(1) The applicant shall attempt in good faith to obtain a surety bond issued by an insurance company licensed to do business in the State of New Hampshire in a minimum amount of $100,000; and

(2) If the applicant cannot obtain such a bond, then another form of security, including, but not limited to, cash or negotiable securities in an amount equal to $100,000 shall be set aside in an escrow account with a financial institution licensed to do business in the state of New Hampshire.

(b) The surety bond or escrow account shall be payable to the commissioner to ensure the financial protection of the TPA’s customers, subject to the dollar limitation of the surety bond or escrow account.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.05 Audited Financial Statement {#sec-lab-408.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.05}

(a) Each applicant for a certificate of authority or renewal of a certificate of authority shall provide the applicant’s current audited financial statement. An audited financial statement, for the purposes of this rule, shall consist of a financial statement that is prepared in a manner consistent with generally accepted accounting principles (GAAP), and shall be accompanied by an opinion by an independent accounting firm.

(b) The audited financial statement shall reflect a positive net worth in order to be acceptable as proof of the applicant’s financial responsibility.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.06 Written Agreement Necessary {#sec-lab-408.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.06}

(a) A TPA shall not act on behalf of a self-insurer without a written agreement with that self-insurer.

(b) A TPA shall complete and submit “Notice of Contract Between Third Party Administrator and Self-Insurer” form WC-TPA-CBP (3/2019). The form may be obtained at https://www.nh.gov/labor/documents/tpa-contract.pdf.

(c) In addition to the “Notice of Contract Between Third Party Administrator and Self-Insurer” form, a TPA shall submit the following documents to the department:

(1) A copy of the contract between the administrators and insurers; and

(2) A copy of the notification which will be sent to policyholders informing them of this arrangement.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.07 Fiduciary Obligation {#sec-lab-408.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.07}

(a) Each TPA shall establish a premium trust account if the TPA expects to receive premiums or return premiums on New Hampshire business.

(b) If the account is interest bearing, the TPA shall comply with Lab 408.11.

(c) Fiduciary funds on New Hampshire business shall at all times be maintained in the premium trust account separate from any other account of depository. Such account shall be in an amount at least equal to the premiums and return premiums, net of commission, received by the TPA.

(d) The TPA’s New Hampshire premium trust account signature card shall contain the following notation: “This is an insurance premium trust account maintained under the provisions of RSA 281-A:5-d.”

(e) Checks drawn on the premium trust account shall bear the notation “Premium Trust Account”.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.08 Commingling of Funds Prohibited {#sec-lab-408.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.08}

(a) Under no circumstances shall a TPA place fiduciary funds in a personal or business operating account. The TPA may retain commission income or other funds in the TPA’s premium trust account in order to advance premiums, establish reserves for paying return commissions or for such contingencies as may arise in his business of receiving and transmitting premiums or return premium funds.

(b) The TPA may retain a portion of the TPA’s unearned commissions in the premium trust account in order to avoid being short in the event of a policy cancellation. When a policy is canceled and the return premium is received by the TPA by means of a credit or otherwise, those funds shall be placed in the premium trust account until remitted to the self-insured entitled thereto.

(c) Cash premium payments shall not be deposited into the TPA’s personal or business operating account in order to draw a personal check in the amount of net premium payment to the self-insurer. The use of personal checks to transit fiduciary funds shall be prohibited in any situation that results in commingling the fiduciary funds with the TPA’s personal funds.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.09 Interest-Bearing Accounts {#sec-lab-408.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.09}

A TPA shall utilize only interest-bearing accounts that require no advance notice for the withdrawal of funds, and the TPA shall arrange all such interest-bearing accounts so that funds therein contained shall be immediately available during normal business hours.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.10 Return Premiums {#sec-lab-408.10 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.10}

The TPA shall hold the return premiums as a fiduciary. The TPA shall retain the return premium in the trust account until remittance to the client is made. Remittance to the client shall occur no later than 45 days from the date the return premium is determined. If the return premium cannot be delivered to the insured entitled thereto, the TPA shall retain the funds. The TPA shall report the unclaimed funds to the State of New Hampshire, in accordance with RSA 471-C.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.11 Recordkeeping Requirements {#sec-lab-408.11 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.11}

(a) The TPA shall maintain the following records relative to the premium trust account:

(1) Periodic statements of account supplied by the bank for all premium trust accounts maintained pursuant to this part;

(2) Records of all deposits made into each premium trust account;

(3) Canceled checks drawn on, or records of withdrawal of funds from, such premium trust accounts; and

(4) An accounts receivable listing or similar record.

(b) All records described above shall be kept in the principal office of the TPA.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.12 Responsibilities of the Self Insurer {#sec-lab-408.12 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.12}

(a) The self-insurer shall be responsible for determining benefits, premium rates, underwriting criteria and claims payment procedures and for securing reinsurance.

(b) The standards pertaining to these matters shall be provided in writing by the self-insurer to the TPA.

(c) If the TPA has any responsibility for the development or formula of the items in (a) above, that responsibility shall be set forth in the written agreement between the TPA and the self-insurer.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.13 Approval of Advertising {#sec-lab-408.13 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.13}

All advertising conducted by the TPA on the behalf of the self-insurer shall be approved in writing by the self-insurer in advance of its use.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.14 Grounds for Denial, Nonrenewal, or Revocation of Certificate {#sec-lab-408.14 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.14}

Following notice and an opportunity for hearing, the commissioner or the commissioner’s representative shall deny, nonrenew, or revoke a TPA’s certificate if it is found that the TPA is not competent, trustworthy, financially responsible, or of good personal and business reputation, based on the following factors.

(a) Failure to comply with any provisions of RSA 281-A:5-d, or these rules;

(b) Failure to comply with any lawful order of the commissioner;

(d) Committing an unfair or deceptive act or practice;

(e) Deterioration of financial condition adversely affecting the certificate holder’s ability to operate as a TPA;

(f) Filing an application or any required form with the department which contains fraudulent information or omissions;

(g) Misappropriation, conversion, illegal withholding, or refusal to pay on proper demand any monies that belong to a person otherwise entitled to them;

(h) That an owner, principal, officer, partner, manager, director, stockholder, trustee, employee of the TPA, or the TPA itself has:

(1) Had a TPA license or an application for a TPA license in any state denied, suspended, or revoked;

(2) Been the subject of a fine, penalty, order, withdrawal, or informal settlement with any state regulatory agency; or

(3) Pled guilty or no contest to any felony or misdemeanor;

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.15 Inquiry by Commissioner {#sec-lab-408.15 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.15}

(a) The TPA shall respond, in writing, within 30 days to any inquiry by the commissioner made pursuant to these rules.

(b) A TPA shall keep all complaints on file for a period of 5 years. Complaint information shall be made available to the department by the TPA upon the commissioner’s request.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.16 Hearing and Appeal {#sec-lab-408.16 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.16}

Prior to denying or revoking a certificate issued under this part, a certificate holder shall be provided with written notice of the commissioner’s allegations and provided an opportunity for a hearing in accordance with Lab 200.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.17 Violations and Penalties {#sec-lab-408.17 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.17}

(a) Any TPA who violates any of the provisions of this part shall have civil penalties imposed as provided in RSA 281-A:60, I(r), as follows:

(1) A violation of Lab 408.03(a) shall result in a civil penalty of up to $2,500.00; and

(2) Each individual violation of the other provisions of these rules shall result in a civil penalty of up to $500.00 for the first violation, and each subsequent violation shall result in the civil penalty increasing by $500.00 per violation up to a maximum civil penalty of $2,500.00 for each violation.

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-A eff 2-25-11, EXPIRED: 2-25-19
#12815, eff 6-26-19

N.H. Code Admin. R. Ann. Lab 408.18 Application Form {#sec-lab-408.18 omnilex-key=us-nh-regs-official--agency-lab--Lab 408.18}

(a) TPAs wishing to do business in this state shall complete and submit “Application for Certificate of Authority Third Party Administrators” form WC-TPA-COA (06/2019). The “Application for Certificate of Authority Third Party Administrators” form may be obtained at https://www.nh.gov/labor/documents/tpa-certificate-authority.pdf.

(b) In addition to the “Application for Certificate of Authority Third Party Administrators”, TPA’s shall include the following documentation with their submission:

(1) The last 3 years of federal tax returns;

(2) The last 2 years of audited financial statements;

(3) Certified copies of organizational documents;

(4) Certified copies of by-laws;

(5) Current adjusters licenses for workers’ compensation in NH;

(6) Business plan statement;

(7) Summary of insurance policies; and

(8) Evidence of a toll-free telephone number.

(c) The “Application for Certificate of Authority Third Party Administrators” form shall be completed and signed by an officer or authorized representative of the TPA. The complete application form shall be verified and filed with the department on initial application and annually thereafter. The filing fee of $200.00 shall accompany the initial application, and a filing fee of $100.00 shall accompany a renewal application.

(d) The “Application for Certificate of Authority Third Party Administrators” form shall not be deemed to be filed until the commissioner has received all of the information necessary to properly process the application.

(e) The “Application for Certificate of Authority Third Party Administrators” form completed by a corporation, limited partnership, or limited liability company shall be accompanied by a current certificate of good standing, from the secretary of state of New Hampshire.

(f) In addition to “The Application for Certificate of Authority Third Party Administrators” form the officer or authorized representative of the TPA shall complete and submit the “Biographical Affidavit” form WC-TPA-BA (3/2019). The “Biographical Affidavit” form may be obtained at https://www.nh.gov/labor/documents/tpa-affadavit.pdf.

(g) The “Biographical Affidavit” form must be signed before a notary public/justice of the peace in order to be considered properly submitted.

(h) Upon receipt of a completed application in accordance with (a) through (g) the commissioner shall make a determination on approval.

APPENDIX

Rule

Specific State Statute which the Rule Implements

Lab 401.01

RSA 281-A:5, III; RSA 281-A:5-a

Lab 402.01

RSA 281-A:5-a

Lab 402.02

RSA 281-A:5-a

Lab 402.03

RSA 281-A:5, III; RSA 281-A:5-a

Lab 402.04

RSA 281-A:2, XII

Lab 402.05

RSA 281-A:5-a

Lab 402.06

RSA 281-A:5

Lab 402.07

RSA 281-A:5-b

Lab 402.08

RSA 281-A:5-a; RSA 281-A:5-b

Lab 402.09

RSA 281-A:5-a; RSA 281-A:5-b

Lab 402.10

RSA 281-A:5; RSA 281-A:5-a; RSA 281-A:5-b

Lab 402.11

RSA 281-A:5

Lab 402.12

RSA 281-A:5; RSA 281-A:11

Lab 402.13

RSA 281-A:5-a; RSA 281-a:5-b

Lab 402.14

RSA 281-A:5-a; RSA 281-A:5-b

Lab 402.15

RSA 281-A:5-a; RSA 281-A:5-b; RSA 281-A:5-c

Lab 402.16

RSA 281-A:5-a; RSA 281-A:5-b

Lab 403.01

RSA 281-A:5, III; RSA 281-A:5-a; RSA 281-A:5-b;

RSA 281-A:5-c

Lab 403.02

RSA 281-A:5-c

Lab 403.03

RSA 281-A:5-a; RSA 281-A:5-b; RSA 281-A:5-c

Lab 403.04

RSA 281-A:7

Lab 404

RSA 281-A:2, VIII, XI; RSA 281-A:5-a; RSA 281-A:5-c;

RSA 281-A:5, III; RSA 281-A:7

Lab 405.01

RSA 281-A:5, III; RSA 281-A:5-a

Lab 405.02

RSA 281-A:5, III; RSA 281-A:5-a; RSA 281-A:5-b;

RSA 281-A:5 –c

Lab 405.03-Lab 405.04

RSA 281-A:5, I, III; RSA 281-A:5-a; RSA 281-A:5-b;

RSA 281-A:5-c

Lab 406-407

Repealed

Lab 408

RSA 281-A:5-d, RSA 281-A:60, I (r).

History

#7142, eff 11-24-99, EXPIRED: 11-24-07
#9878-B, eff 2-25-11; ss by #12815, eff 6-26-19

Chapter Lab 500 Workers' Compensation Claims

Part Lab 501 Purpose and Policy

N.H. Code Admin. R. Ann. Lab 501.01 Purpose {#sec-lab-501.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 501.01}

This chapter sets forth the policies of the department of labor about how parties in the workers’ compensation process substantially comply with the duty to compute and pay compensation, the method of record keeping and filing of forms, the content and format of forms, the content and handling of medical information, and the procedures for assuring all parties’ rights throughout the workers’ compensation process including hearings and appeals.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 501.02 Compliance {#sec-lab-501.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 501.02}

In order to comply with the statute and administrative regulations, all employers subject to the statute or their carriers shall pay benefits in amounts, manner and when due, as provided by the statute and this chapter. Employers and carriers shall comply with the provisions of the statute and this chapter, without fail, so that when they have knowledge of an occupational injury or disease, or when a claim as to an alleged occupational injury or disease is made by an employee, they shall act with due regard for his or her constitutional right of due process.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

Part Lab 502 Definitions

N.H. Code Admin. R. Ann. Lab 502.01 Benefits {#sec-lab-502.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.01}

"Benefits" mean disability compensation under RSA 281-A:23 II, RSA 281-A:23-b, RSA 281-A:25- a ,RSA 281-A:26, RSA 281-A:28, RSA 281-A:29, RSA 281-A:31, RSA 281-A:32, RSA 281-A:33, and RSA 281-A:37 and medical or rehabilitation costs under RSA 281-A:23, and RSA 281-A:25 respectively.

History

(See Revision Note at part heading for Lab 502) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 502.02 Carrier {#sec-lab-502.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.02}

"Carrier" means the duly licensed insurance company which, pursuant to RSA 281-A:5, I and RSA 281-A:6, secures the payment of compensation for an employer subject to the statute.

History

(See Revision Note at part heading for Lab 502) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 502.03 Carrier identification number {#sec-lab-502.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.03}

"Carrier identification number" means a 3 digit number assigned to the carrier by the New Hampshire department of labor.

History

(See Revision Note at part heading for Lab 502) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 502.04 Case {#sec-lab-502.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.04}

"Case" means a claim within an administrative or adjudicatory process.

History

(See Revision Note at part heading for Lab 502) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 502.03); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 502.05 Coverage {#sec-lab-502.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.05}

"Coverage" means workers' compensation insurance.

History

(See Revision Note at part heading for Lab 502) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 502.04); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 502.06 Days {#sec-lab-502.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.06}

“Days” means calendar days, unless otherwise specified.

History

(See Revision Note at part heading for Lab 502) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 502.05); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 502.07 Employee {#sec-lab-502.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.07}

"Employee" means any person, in the service of an employer who is, or who has elected to be, subject to the workers' compensation law specifically RSA 281-A:2, VI, VII, VIII and RSA 281-A:3.

History

(See Revision Note at part heading for Lab 502) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 502.06); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16 (from lab 502.06)

N.H. Code Admin. R. Ann. Lab 502.08 Employer {#sec-lab-502.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.08}

"Employer" means any subject private or public entity that has one or more employees, other than 3 executive officers of a corporation, pursuant to RSA 281-A:2, VIII, RSA 281-A:2, IX, and any other person who has elected to be subject to the workers' compensation law, RSA 281-A:3. Except where the context specifically indicates otherwise, the term employer shall be deemed to include the employer’s insurance carrier or any association or group providing self-insurance to a number of employers.

History

(See Revision Note at part heading for Lab 502) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 502.07); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16 (from Lab 502.07)

N.H. Code Admin. R. Ann. Lab 502.09 Employer identification number {#sec-lab-502.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.09}

“Employer identification number" means the federal identification number assigned to an employer by the Internal Revenue Service.

History

(See Revision Note at part heading for Lab 502) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 502.08), EXPIRED: 7-18-06
#9019, eff 11-1-07; ss by #11067, eff 4-1-16 (from Lab 502.08)

N.H. Code Admin. R. Ann. Lab 502.10 First aid treatment {#sec-lab-502.10 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.10}

"First aid treatment" means any one-time treatment that generates a bill less than $2,000.

History

(See Revision Note at part heading for Lab 502) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 502.09); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16 (from Lab 502.09)

N.H. Code Admin. R. Ann. Lab 502.11 Form {#sec-lab-502.11 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.11}

“Form” means a document for the collection of specific data, and except where the context specifically indicates otherwise includes both paper and electronic formats.

History

(See Revision Note at part heading for Lab 502) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 502.10); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 502.12 Poster {#sec-lab-502.12 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.12}

“Poster" means the employer's notice of compliance with the insurance coverage provisions of the statute.

History

(See Revision Note at part heading for Lab 502) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 502.11); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16 (from Lab 502.10)

N.H. Code Admin. R. Ann. Lab 502.13 Rehabilitation provider {#sec-lab-502.13 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.13}

“Rehabilitation provider" means any person providing physical rehabilitation services and/or remedial or restorative care.

History

#6806, eff 7-18-98 (formerly Lab 502.12); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16 (from Lab 502.11)

N.H. Code Admin. R. Ann. Lab 502.14 Special Officer {#sec-lab-502.14 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.14}

“Special Officer” means a person employed as a law enforcement officer by any political subdivision of the state for a temporary or specific purpose, or who was duly appointed by the appointing authority and works part-time.

History

#11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 502.15 Statute {#sec-lab-502.15 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.15}

"Statute" means the Workers' Compensation Law, RSA 281-A.

History

#11067, eff 4-1-16 (from Lab 502.12)

N.H. Code Admin. R. Ann. Lab 502.16 Vocational rehabilitation provider {#sec-lab-502.16 omnilex-key=us-nh-regs-official--agency-lab--Lab 502.16}

"Vocational rehabilitation provider" means any person who provides vocational rehabilitation services, such as job placement, job analysis, aptitude testing, labor market surveys and vocational counseling.

History

#11067, eff 4-1-16 (from Lab 502.13)

Part Lab 503 Responsibilities of All Parties

N.H. Code Admin. R. Ann. Lab 503.01 Disclosure of Information {#sec-lab-503.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 503.01}

(a) No claimant's representative, carrier, employer, attorney, vocational consultant or any representative of any party shall send anything in writing, including electronic communication, to the department or any of its personnel concerning a case before the department without simultaneously by the same method sending a complete copy with enclosures to the opposing party and any other party of record. A copy of all department written communication shall be sent simultaneously to all other parties. All written communication shall indicate the parties copied.

(b) Upon request, the claimant shall sign a medical authorization for the employer or his representative to obtain medical records for any condition the claimant claims is related to the work injury or which the employer has reason to believe is relevant to the work injury. Such authorization shall state in bold print in a font size at least 2 points larger than that used in the request:

(1) “This request is strictly limited to medical information relevant to the occupational injury or illness that underlies the patient’s workers’ compensation claim, including any past history of complaints of, or treatment of, a condition similar to that claim.”

(c) Any written communication including electronic communication to a treating physician or other practitioner by the employer or his representative or by the claimant or his representative shall be sent simultaneously by the same method to the opposing party. Any enclosures sent with the request shall also be sent simultaneously to the opposing party.

(d) Upon request, the claimant or the claimant's representative, or the employer or his representative shall be sent complete copies of the following:

(1) All responses to communications described in paragraph (c) of this section;

(2) All medical and any other examination or treatment records together with a copy of the employer's correspondence with the examiner or practitioner; and

(3) All vocational consultant reports and any written communication sent or received from any person or entity contacted in the vocational rehabilitation process.

(e) Copies of correspondence among parties shall not be sent to the department unless required by specific rule or statute or the correspondence requests an action by the department.

(f) Any employer or carrier who receives a medical record which is clearly irrelevant to the case and sends such record, or a copy of it, to another person not authorized to receive such record shall be assessed a civil penalty up to $2,500 pursuant to RSA 281-A:23 V, (a) (3) and pursuant to Lab 508.02.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 503.02 Health Care Provider Referrals {#sec-lab-503.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 503.02}

(a) Any party in a claim may notify the commissioner in writing of any issue concerning health care provider referrals as described in RSA 281-A:23, IV. Copies of all notifications shall be provided to all parties in the claim and to the health care provider in question and shall include documentation or evidence regarding the basis of such issue.

(b) If the commissioner's decision as to the appropriateness of the referral is disputed, the objecting party may request a hearing at the department.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

Part Lab 504 Responsibilities of Employers and Their Representatives

N.H. Code Admin. R. Ann. Lab 504.01 Availability of Forms {#sec-lab-504.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 504.01}

(a) Employers shall familiarize themselves with the provisions of the statute and these rules.

(b) Employers shall obtain from their carriers a sufficient quantity of "Workers' Compensation Law - Notice of Compliance" which shall indicate the current carrier's name.

(c) Employers shall display the notices conspicuously for potential viewing by every employee, thereby giving notice that:

(1) The statute applies exclusively with respect to all occupational injuries and illnesses;

(2) Payment of benefits is actually secured in accordance with RSA 281-A: 5; and

(3) The carrier whose name appears on the poster is liable for payment of benefits.

(d) Employers shall keep informed regarding the address of their carrier's nearest claims office.

(e) Employers shall obtain from their carrier or have electronic access to the following forms:

(1) “Notice of Accidental Injury or Occupational Disease”, form 8aWCA (7/2014), contained in Appendix II;

(2) “Employer’s First Report of Injury”, form 8WC (7/2019), contained in Appendix II;

(3) “Employer’s Supplemental Report of Injury”, form 13WCA (3/2014), contained in Appendix II; and

(4) “Wage Schedule”, form 76WCA (9/2015), contained in Appendix II.

(f) Employers shall advise injured employees regarding their rights under the statute and this chapter and assist them in expediting their claims.

(g) Employers shall cooperate with all parties having a valid interest in a case in such manner as to ease its processing.

(h) Employers shall remove, upon changing carrier, all forms referencing the former carrier and replace them with forms furnished by the carrier assuming the risk.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 504.02 Record Keeping and Filing of Reports {#sec-lab-504.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 504.02}

(a) Employers shall record work-connected injuries and diseases in sufficient detail and keep same for a period of 5 years from date of injury for future reference. The “Notice of Accidental Injury or Occupational Disease” form 8aWCA (7/2014), contained in Appendix II together with the “Employer’s First Report of Injury” form 8WC (7/2019), contained in Appendix II, when satisfactorily completed shall constitute proof of compliance with the foregoing requirement.

(b) Employers shall direct injured employees to complete and make available the “Notice of Accidental Injury or Occupational Disease”, form 8aWCA (7/2014) contained in Appendix II; as soon as possible with respect to any injury or disease which requires medical attention. Acknowledgment of receipt of such notice shall be given by signing and giving the employee his copy pursuant to RSA 281-A: 19, RSA 281-A: 20.

(c) Employers, self-insured or insurance carriers shall complete and file electronically or in writing, to the department, an "Employer's First Report of Injury” form 8WC (7/2019), and simultaneously send that report to the appropriate insurance carrier.

(d) “Employer’s First Report of Injury” form 8WC (7/2019), contained in Appendix II, shall be completed and filed as soon as possible after gaining knowledge of the work-connected injury or disease, but no later than 5 days thereafter, in accordance with RSA 281-A:53.

(e) The filing of the first report shall in no way prejudice the employer's right to contest the compensability of the claim at a later date.

(f) The absence of the “Notice of Accidental Injury or Occupational Disease” form 8aWCA (7/2014) contained in Appendix II shall not excuse the employer from complying with these provisions.

(g) Unless the employer disputes the compensability or the amount of the bill, for any injury that required only first aid treatment, the employer may choose not to send the first report to the carrier required by (c) if that employer pays the bill within 30 days.

(h) If the injury that resulted in first aid treatment requires further treatment or, results in lost time from work, the employer shall notify the carrier of the injury.

(i) If an employer fails to file a “First Report of Injury” form 8WC (7/2019), contained in Appendix II, or files the first report of injury form beyond the statutory time frame, a civil penalty of up to $2,500.00 shall be assessed against the employer or their carrier or the agent who was responsible for the transmission of the form pursuant to Lab 508.02.

(j) Employers shall complete and file with the department, with a copy sent to carriers nearest claims office, an “Employer’s Supplemental Report of Injury”, form 13WCA (3/2014), contained in Appendix II; in the following instances:

(1) No later than 7 days after the first day of disability if the Employer’s First Report of Injury form 8WC (7/2019), contained in Appendix II did not indicate such disability as per RSA 281-A:53;

(2) Upon an employee's return to work after a period of compensable disability; should an employee's earnings after a return to work result in a lesser amount than prior to the injury, such information shall be included in the supplemental report; or

(3) If the employee has a subsequent period of disability.

(k) Employers shall complete and make available to the carrier two copies of the “Wage Schedule”, form 76WCA (9/2015) contained in Appendix II or record of gross earnings pursuant to Lab 506.02 (b). Employers shall report the weekly wages on the basis of gross wages, including pay for overtime work, vacation pay, commission, and bonuses for the periods to which such payments apply and also including when applicable, the reasonable value of board, rent, housing, lodging, fuel or other similar advantage furnished by the employer as in RSA 281-A: 2, XV, RSA 281-A: 15. Employers shall note the reason for weeks of zero earnings.

(l) In the event of a claim pursuant to RSA 281-A:15, III, relative to combined earnings, the employee's concurrent employer(s) shall, upon request by the employee, complete and make available the “Wage Schedule” 76WCA (9/2015) contained in Appendix II as prescribed in (k).

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; amd by #4854, eff 6-29-90; amd by #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16 amd in (c) and (d) by #12849 EXRF, eff 8-18-19

N.H. Code Admin. R. Ann. Lab 504.03 Job Modification Reimbursement {#sec-lab-504.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 504.03}

(a) Employers who desire to invoke the reimbursement provisions of RSA 281-A: 54, IX, shall file proof of eligibility with the department. The reimbursement request shall be preceded by submission of the plan for modification to the commissioner.

(b) In order for the plan to be approved by the commissioner, the plan shall include:

(1) Supporting documentation showing proposed costs for labor services, material and equipment;

(2) A statement itemizing and describing the specific job modifications which are necessary as a result of the employee's impairment from the work related injury with the employer; and

(3) Medical evidence indicating that the employee has been released for work or will be released for work.

(c) After approval of the plan by the commissioner, and after completion of all job modifications, the employer shall certify to the department in letter form the expenditures accompanied by the signature of the employee.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 504.04 Development of Temporary Alternative Work {#sec-lab-504.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 504.04}

(a) All employers with 5 or more full time employees shall provide temporary alternative work programs to bring injured employees back to work.

(b) Temporary alternative work shall be limited and transitional in nature. For the purpose of this provision, transitional means the duty elements are variable as the employee's work capacity increases.

(c) The employer shall advise employees that there is a written alternative work program in place and advise employees of the established procedures to obtain alternative work in the event of an on-the-job injury.

(d) The employer shall develop an outline of each position that details present requirements and essential functions of each job within the organization at the time of injury if lost time or restrictions are involved. The employer may use the “NHWC TASK ANALYSIS”, form 23-b WC (9/2015), contained in Appendix II.

(e) The employer shall review each position outline in conjunction with its joint loss management committees as described in Lab 603. This review shall begin with those positions which experience most workplace injuries. Together they shall develop and describe a policy or process that facilitates return to work.

(f) The employer shall provide the treating physician with the appropriate outline of the present position with an essential task analysis as soon as possible after the injury occurs if lost time or restrictions are involved. The employer and employee shall have a joint responsibility to obtain needed medical information that will enable the employee to gradually increase his or her duties to bring the employee back to their original position.

(g) The employer shall offer a position as approved by the treating physician and the employee shall demonstrate a reasonable effort to comply.

History

#5913, eff 10-18-94; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 504.05 Reinstatement of Employee Sustaining Compensable Injuries {#sec-lab-504.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 504.05}

(a) An employer of 5 or more full time employees shall reinstate an employee with a compensable injury to their former position within 18 months if that position is available, as follows:

(1) If the date of injury:

a. Is clear, then the 18 months shall be determined from the date on which the injury occurred; or

b. Is unclear, then the 18 months shall be determined from the date of first medical treatment; and

(b) An employer shall not be obligated to provide the former position to:

(1) An injured employee of a construction contractor if the project is completed, unless another project is ongoing;

(2) A temporary employee, except that a temporary employee shall not include an employee of a temporary agency;

(3) An employee who has been given permanent restrictions by his or her treating physician and who is not released to return to work at his or her former position; or

(4) An employee unable to return to work within 18 months from the date of injury.

History

#5892, eff 9-2-94; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

Part Lab 505 Responsibilities of Self-Insured Employers

N.H. Code Admin. R. Ann. Lab 505.01 Dual Capacity {#sec-lab-505.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 505.01}

(a) An employer holding a self-insurance permit shall:

(1) Perform all functions required of an employer and an insurance carrier by these rules and

(2) Be subject to all civil and other penalties attaching to non-compliance with the statute and rules applicable to employers and carriers.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

Part Lab 506 Responsibilities of Carriers

N.H. Code Admin. R. Ann. Lab 506.01 Claims Processing {#sec-lab-506.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 506.01}

(a) Carriers shall familiarize themselves with the provisions of the statute and these rules.

(b) Carriers shall obtain and maintain a supply of mandated state forms which they shall supply to their insured’s and their own claims offices.

(c) Carriers shall keep their insured informed of the current address, telephone number, and email address of their nearest claims office.

(d) Carriers shall provide facilities within the state to service claims.

(e) If the carrier elects to substitute an unaffiliated adjustment service, or a third party administrator, it shall:

(1) Confirm that the third party administrator is licensed by the state;

(2) Delegate sufficient authority to comply with the statute and these rules;

(3) Notify the department of labor and the injured worker;

(4) Notify the department and injured worker of any subsequent change in the election of the third party as soon as possible after the change is made to the department and injured worker; and

(5) Include in each notification shall include the claim number, the address, the email address, and phone number of the third party administrator.

(f) Carriers shall process all claims as quickly as possible. After receiving the first notice of a claim, the claim shall be paid or denied within 21 days as provided in Lab 506.02.

(g) Carriers shall promptly and critically review employers' supplemental reports for the purpose of making a determination as to compensable disability within 21 days of receipt of the report.

(h) The carrier or self-insurer who determines that a medical examination of an injured employee is needed under RSA 281-A: 38 shall:

(1) At least 10 days prior to the scheduled examination, notify the employee by letter, copy to the department, of the time and place of the examination;

(2) Set forth the employee's rights, obligations and possible penalties under RSA 281-A: 38 and RSA 281-A: 39;

(3) Provide transportation to the examination if needed and requested or reimburse the claimant for mileage and toll costs to the examination as provided by Lab 506.02 (i).

(4) Not schedule an examination more than 50 miles radius from the employee's current residence, unless a waiver has been obtained from the commissioner, as follows:

a. Provide the current address of the injured worker and the address of location of the proposed examination;

b. Demonstrate to the commissioner there is no qualified independent medical provider available within the 50-mile radius who will perform the examination;

c. Demonstrate that unique circumstances exist that would make scheduling an independent medical examination outside the 50-mile radius necessary;

d. Obtain the waiver prior to the scheduling of the examination;

e. State that the concurrence to the request has been sought from the opposing party;

f. State that the opposing party objects, consents or takes no position to the request;

g. State all attempts that were made to contact the opposing party, if unable to contact or elicit a response; and

h. Receive a response from the commissioner within 10 days of the request;

(5) Not schedule more than 2 examinations within a year’s time, unless they have obtained a waiver from the commissioner as follows:

a. Demonstrate that the injured workers condition requires an independent medical examination by a practitioner in a different specialty; or.

b. Demonstrate that a change in the injured workers condition has occurred since the last independent medical examination that necessitates a review of the current treatment; or

c. Indicate that an intervening incident has occurred since the last independent medical examination that requires additional review of current treatment or;

d. Demonstrate that unique circumstances exists that would make scheduling an additional examination necessary.

e. Obtain the waiver prior to the scheduling of the examination;

f. State that concurrence to the request has been sought from opposing party;

g. State if opposing party objects, consents, or takes or takes no position to the request;

h State all attempts that were made to contact opposing party, if unable to contact or elicit a response; and

i. Receive a response from the commissioner within 10 days of receipt of the request; and

(6) Determine that the health care provider is certified by the appropriate specialty board as recognized by the American Board of Medical Specialties or the health care provider shall have obtained the approval of the commissioner for those specialties not recognized by such board by fulfilling requirements substantially similar to those of the American Board of Medical Specialties.

(i) Failure to comply with (h), above, shall preclude the carrier from suspending benefits for the employee’s failure to comply.

History

#2256, eff 1-2-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 506.02 Acceptance or Denial of Claims and Filing of Reports and Payment of Benefits {#sec-lab-506.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 506.02}

(a) If upon investigation it is determined that the claim is compensable, the carrier or employer within 21 days of notification of claim or period of disability shall:

(1) Pay compensation to the injured employee;

(2) Complete and file a “Memo of Payment”, form 9WCA (6/1994), contained in Appendix II with the department with a copy to the employee; and

(3) Complete and file the “Memo of Payment”, form 9WCA (6/1994) contained in Appendix II to indicate any payment or change in benefits paid to an employee, as follows:

a. Box "1" shall be completed if:

A payment of compensation is definitive either as a first payment of compensation, or is an adjustment of provisional payment;
A change in the compensation rate such as temporary partial benefits;
A first payment resulting from a departmental hearing decision or is a payment of adjusted total disability under RSA 281-A: 29; or
The average weekly wage is a result of combined earnings;

b. Box "2" shall be completed when first payment is made provisionally because of the absence of wage information;

c. Box "3" shall be completed when a final payment of compensation is made due to the claimant returning to work or because of benefit limitation under the law, RSA 281-A: 26, RSA 281-A:31, or a "lump sum settlement" under RSA 281-A:37;

d. Box 2 shall not be completed if box 1 is completed:

e. Failure of a carrier to file an accurately and fully completed “Memo of Payment”, form 9WCA (6/1994). contained in Appendix II shall constitute non compliance shall subject the carrier to the civil penalty as prescribed by RSA 281-A:42 and Lab 508.02(e).

f. Defect as to format or contents may render the filing invalid and subject the carrier to the civil penalty in e. above as explained in Lab 508.02.

(b) The carrier shall attach to the “Memo of Payment”, form 9WCA (6/1994), contained in Appendix II the department's copy of the “Wage Schedule”, form 76WCA (9/2014), contained in Appendix II when definitive payment of compensation is made for the first time. No wage schedule shall be necessary if the disability period is 14 days or less or payroll records are submitted that clearly show the gross earnings of the employee per pay period for 52 weeks prior to the date of injury if available.

(1) Wages shall include vacation pay, commission and bonuses for the periods to which such payments apply, and all other considerations required by RSA 281-A: 2, XV, RSA 281-A: 15, III and Lab 504.02 (k) and (l);

(2) In computing the average weekly wage for the 26 weeks prior to the injury, weeks with reduced earnings which occurred during the week of injury or the week of hire shall be eliminated;

(3) If this method does not yield a figure reflective of the claimant's true average weekly earnings, wages earned during additional preceding consecutive weeks, up to a total of 52 weeks prior to the injury, shall be used to compute an average;

(4) An employer shall submit a 52 week record of gross earnings upon request of the employee or the labor department; and

(5) In the event that the employee's compensation rate is determined by utilizing the after tax earnings rate as defined by RSA 281-A: 15, IV, the carrier shall complete and submit a "Supplemental Wage Schedule", form 76WCA1 (4/2014), contained in Appendix II completed in its entirety, with any and all documentation used to support the calculation of the after tax earning indemnity rate as follows.

a. Documentation shall include, but not be limited to, a copy of the applicable "Federal Income Tax Withholding" table contained within Circular E of the Employer's Tax Guide, used to determine the amount of the income tax withheld; and

b. The Federal Withholding Schedule and Federal Insurance Contribution Act rate factor used to calculate these deductions shall be based on the rates that are in effect at the time of the injury, contained within Circular E of the Employers Tax Guide published by the Internal Revenue Service.

(d) If at the time of an injury an employee is employed by 2 or more employers subject to RSA 281-A:55 and RSA 281-A:55-a, the employee shall be eligible for wages based on combined earnings pursuant to RSA 281-A:15, III, with eligibility determined for combined earnings as follows:

(1) Carriers and self-insured employers shall notify the claimant in writing of possible eligibility for additional weekly disability benefits payable under the combined earnings provisions of the statute. Notice shall be issued in all cases of injury pursuant to RSA 281-A: 15, III where the disability exceeds the waiting period;

(2) Notice, for the purposes of (1) above shall consist of the following statement: "If you worked for more than one New Hampshire employer at the time you were injured, you may be entitled to additional weekly disability benefits under the combined earnings provision of the law. Upon your request, your employers are required to complete a Wage Schedule, form 76WCA (9/2015) contained in Appendix II or payroll records as described in Lab 506.02(b) and to submit it to the claims representative handling your claim. Contact your insurance carrier or the New Hampshire department of labor for further information”;

(3) The combined earnings shall be calculated as follows:

a. Allowable sources of wages shall be limited to concurrent employment subject to the New Hampshire workers' compensation law;

b. Sources of income that shall not be considered for concurrent employment include:

Unreported earnings;
Uninsured self-employment;
Federal; or
Other employment not subject to New Hampshire workers' compensation law;

c. The claimant's wages from all allowable sources shall be added for each week; and

d. The average weekly wage shall be the result of adding the weekly totals and dividing by the number of weeks.

(e) In no case, including calculation of average weekly wage on the basis of combined earnings, shall the resulting compensation rate for any type of indemnity exceed the maximum set forth in RSA 281-A:28, II.

(f) Upon the injured worker’s return to work, the carrier shall notify the worker in writing that if based on his or her injury, he or she is earning less than his or her average weekly wage prior to the injury, he or she shall submit or cause to be submitted a record of his or her earnings.

(g) Carriers shall begin payment of temporary partial disability benefits under RSA 281-A: 31 and Lab 506.02(a) (3) when:

(1) Upon return to work, a partially disabled claimant's earnings due to the work injury are less than the average weekly wages prior to the injury; and

(2) In the case of concurrent employment, pursuant to RSA 281-A: 15, III, upon return to any employment(s), the partially disabled claimant's earnings are less due to the work injury than the average weekly wages prior to the injury.

(h) When an employee dies from an occupational injury or disease the carrier shall pay compensation to dependents in accordance with the provision of RSA 281-A: 26 as follows:

(1) Weekly payment shall begin as soon as possible after death occurs, but no later than 21 days after dependency is established;

(2) The carrier shall file with the department the “Memo of Payment”, form 9WCA (6/1994), contained in Appendix II with an appropriate wage schedule or payroll records, birth and marriage certificate if applicable;

(3) Allocation adjustments shall be made as soon as possible after receiving from the department the "Authorization for Compensation for Death", form 14WCA (10/2001), contained in Appendix II giving the dependency allocation, but no later than 7 days thereafter; and

(4) Funeral expenses, as provided by statute, shall be paid as soon as possible after presentation of an invoice or statement.

(i) Carriers shall notify an injured worker that he or she is entitled to medical care, choice of doctor and mileage reimbursement costs to medical appointments as follows:

(1) The injured workers’ choice of doctor may be limited if the employer is within a managed care program;

(2) Carriers shall pay the cost of medical, hospital, remedial and health support services, and devices and appliances related to occupational injuries or diseases in accordance with RSA 281-A:23 as soon as possible after presentation of invoice or statement, but no later than 30 days thereafter: and

(3) Payable costs under RSA 281-A:23 and Lab 506.02 shall include the related reasonable and documented expenses of the claimant for all necessary travel and meals and lodging, including the use of a personal vehicle at the rate established for state employees.

(j) Carriers shall notify an injured worker that they may be entitled to a permanent impairment award for the loss of specified members or parts of the body or for loss of the use thereof under RSA 281-A: 32.

(k) In order to determine and pay a permanent impairment award, the carrier shall:

(1) Contact the injured employee and the employee’s treating physician to advise him or her of the need of a permanent impairment evaluation which shall:

a. Be based on the 5th edition of the Guides to the Evaluation of Permanent Impairment, published by the American Medical Association; available as noted in appendix III;

b. Contain an affirmation from the submitting physician that the findings for permanent bodily loss were determined from the Guides to the Evaluation of Permanent Impairment, the 5th edition; available as noted in appendix III; and

c. Contain medical evidence that the injured worker has reached maximum medical improvement.

(2) Once an injured worker has achieved maximum medical improvement, advise the injured worker that if the treating physician does not perform permanent impairment evaluations, the physician may refer the employee to a physician that does perform permanent impairment evaluations;

(3) Pay the cost of the initial permanent impairment evaluation by the treating or referring physician;

(4) Complete and submit “Memo of Permanent Impairment Award”, form 10WCA (10/1998), contained in Appendix II together with the medical reports that support the impairment rating within 15 days of receipt of the physicians report if no objection is filed;

(5) Pay the permanent impairment award within 5 days of receipt of the approved “Memo of Permanent Impairment Award”, form 10WCA (10/1998), contained in Appendix II.

(6) Pay the permanent impairment award based on the physicians report that used the 5th Edition Guides to the Evaluation of Permanent Impairment published by the American Medical Association except where RSA 281-A:32 II is more favorable to the injured worker;

(7) Pay the award in a single payment based on the average weekly wage of the employee at the time of the injury;

(l) If upon receipt of the permanent impairment award evaluation, the carrier, self-insurer, employer, or third party administrator objects to the percentage of loss given by the treating or referred physician, they shall:

(1) Notify the department of labor within 15 days of receipt of the permanent impairment evaluation;

(2) Arrange for an independent medical examination in accordance with RSA 281-A:32, XI and RSA 281-A:38 within 30 days of their objection to the treating or referring physicians report; and

(3) Request a hearing on the matter.

(m) If upon receipt of the permanent impairment award evaluation, an objection is not filed with the department of labor pursuant to 506.02(l) above, the carrier shall:

(1) Accept the rating filed by the treating or referred physician;

(2) Complete and file the “Memo of Permanent Impairment Award”, form 10WCA (10/1998), contained in Appendix II; and

(3) Pay the award in accordance with RSA 281-A: 32, XI.

(n) If the carrier, self-insurer, employer, or third party administrator fails to pay the permanent impairment award and comply with (m) (1-3) above, the commissioner shall order payments of the award in accordance with RSA 281-A: 43, II.

(o) If the employer or carrier determines that the case is not compensable:

(1) The employer or carrier shall complete and file a “Memo of Denial of Workers Compensation Benefits”, form 9WCA-1(9/2015), contained in Appendix II with the department and send a copy to the claimant within 21 days of notification of a claim or subsequent period of disability; and

(2) The denial shall:

a. State the reason for the denial;

b. Advise the employee of their right to request a hearing within 18 months of the date of the denial if the employee disagrees with the denial;

c. Provide the employee with the name, phone number and email address of the adjuster; and

d. Provide a narrative explanation for the denial.

(p) If disability benefits have been paid within the first 21 days of the receipt of notice of disability, and the employer, carrier, self-insured or third party administrator determines that payment should not have been made, they may cease weekly payments of compensation as follows:

(1) If payments have been made for no longer than 21 days, compensation may cease;

(2) A letter shall be written to the injured worker setting forth the reason for denial of the claim and the cessation of benefits;

(3) The injured employee shall be notified of his or her right to a hearing if the denial is contested;

(4) The injured employee shall be advised that the request for a hearing must be made within 18 months of the date of denial; and

(5) Copies of all such correspondence shall be sent to all parties including the department simultaneously.

(q) If disability benefits have been paid after 21 days following the carrier’s receipt of the notice of disability the carrier shall request permission of the department prior to terminating benefits as provided in RSA 281-A:48 and Lab 510.02, subject to the following:

(1) Failure to obtain permission shall subject the employer or carrier to fines under RSA 281-A: 42; and

(2) Failure to make timely payments shall subject the employer or carrier to make payment of interest to the employee in accordance with RSA 281-A:42,V and subject the employer, carrier, self-insured or third party administrator to fines under RSA 281-A:42.

(r) If payment of the bill under RSA 281-A: 23 is denied, the carrier shall:

(1) Write the employee on carrier letterhead and copy the provider and the labor department, providing explanation of the denial, which shall:

a. Be issued within 30 days of the receipt of the bill or invoice;

b. Be in narrative form;

c. Advise the employee of the reason for the denial;

d. Advise the employee of the identity of the entity issuing the denial; and

e. Advise the employee of their right to request a hearing within 18 months of the date of denial if the employee disagrees with the denial; and

(2) Failure to follow procedures in Lab 506.02 (r) (1) shall subject the carrier to fines under RSA 281-A: 23, V (e), as explained in Lab 508.02.

(s) When a dispute arises as to the reasonable value of medical hospital and remedial services, the employer or its insurance carrier shall pay, in the first instance, what they feel reasonable within 30 days from presentation of invoice or statement. They shall state in writing to the party providing such services, copy to the labor department, reasons for contesting the unpaid balance. The parties shall make an effort to resolve any dispute. If the parties cannot resolve the differences concerning invoices with dates of service of 9/4/15 and after, a hearing may be requested pursuant to RSA 281-A: 24 at which the provider shall have the burden of proof.

(t) Payment of any net benefit made directly to the claimant shall be made promptly in a form that allows the claimant easy accessibility to it.

(u) In order to be in substantial compliance with RSA 281-A: 42 for making payment of compensation, and in substantial compliance with Lab 501.02 for paying benefits in amounts, manner and when due, the carrier or employer shall establish a payment system that meets the following criteria:

(1) Payment of compensation for disability shall be made:

a. For partial disability where a statement of earnings is needed to compute the benefits, within 5 days from the date of receipt of such documentation; and

b. For all other benefits, weekly on a day designated at the onset of payment of the claim. If the designated day falls on a holiday, payment shall be made the day prior.

(2) The normal standard payment procedure shall be by delivery of a paper check, made payable to the claimant, and delivered to the home address of the claimant. Alternatively, the employer may make a direct deposit to a claimant’s financial account, if the claimant so authorizes. Also, at the claimant’s option, the parties may agree in writing upon an alternate payment procedure, called here a “paycard”, so long as it meets the criteria of this paragraph;

(3) The paycard shall provide to the claimant at least one free means to withdraw up to and including the full amount of the claimant’s account during each benefit payment period at a financial institution or other location within 20 miles from the claimant’s home address;

(4) The payment of the benefit to the claimant shall be verifiable by the claimant, either by delivery of a paper deposit receipt, or by the ability to view the transaction through a secure internet connection;

(5) If the paycard offers options other than cash withdrawals, there shall be written disclosure in plain language of all the claimant’s options. The written disclosure shall state the terms and conditions of the paycard, including, but not limited to, the requirements set forth in this section and a complete itemized list of all known fees that may be deducted from the paycard account by the employer or the card issuer. The disclosure shall also state whether third parties may assess transaction fees in addition to the fee assessed by the paycard issuer or issuers;

(6) In no event shall the employer provide payment of benefits to a paycard that has an expiration date, unless the employer agrees to provide a replacement paycard before the expiration date at no cost to the employee;

(7) The employer shall provide written notice of any change to any of the terms and conditions of the paycard account, including but not limited to an itemized list of all fees that may have changed; and

(8) The employer shall provide the claimant the option to discontinue receipt of benefits by a paycard account at any time, without penalty to the claimant.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; amd by #4854, eff 6-29-90; amd by #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; amd by #10038, eff 12-1-11; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 506.03 Payment and Reimbursement of Adjusted Total Disability Benefits {#sec-lab-506.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 506.03}

(a) An injured employee shall be entitled to an increase in his or her total disability benefits if he or she qualifies for such an increase pursuant to RSA 281-A: 29 and this section.

(b) Self-insured employers and insurance carriers shall acquaint themselves with the provisions of RSA 281-A: 29 to review all claims as to eligibility for benefits as follows:

(1) The carrier shall inform the employee of this benefit and advise the employee to apply for Social Security disability benefits if applicable prior to the 3rd anniversary of the injury;

(2) Any injured worker receiving total disability benefits after the third anniversary of the injury shall upon request produce a copy of his or her denial of Social Security disability benefits;

(3) Notice of eligibility for benefits shall be given as soon as possible for review and approval by the department by completing and filing a “Memo of Payment”, form 9WCA (6/1994) contained in Appendix II with the appropriate box completed;

(4) Self-insured employers and insurance carriers shall make adjusted weekly compensation payments and review the claim annually thereafter on July 1; and

(5) If an employee becomes eligible for Social Security disability benefits at any time after receiving an adjustment in his compensation rate under this part, the employee’s compensation rate will revert back to the original compensation rate established at the onset of the claim.

(c) Self-insured employers and insurance carriers shall apply annually to be received in the department before September 1 by completing and filing “Application for Reimbursement of Paid Adjusted Total Disability Benefits”, form 9WCA-2 (9/2015), contained in Appendix II for reimbursement for claims prior to July 1, 1975, from the fund established under RSA 281-A: 30, of the total adjusted disability payments made by them during the preceding calendar year. A self-insured employer or insurance carrier who fails to make timely annual application for such reimbursement shall forfeit the right to reimbursement for payment made during the preceding calendar year.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 506.04 Reimbursement from the Special Fund for Second Injuries {#sec-lab-506.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 506.04}

(a) Self-insured employers and insurance carriers shall give notice to the department of possible claim against the second injury fund in writing not later than 100 weeks after the date of injury. The employer or carrier may complete and file “Application for the Use of the Second Injury Fund”, form WCSIF-1 (9/2015), contained in Appendix II.

(b) Self-insured employers and insurance carriers who desire to invoke the reimbursement provisions of RSA 281-A: 54 shall file proof of eligibility for the use of the second injury fund established by RSA 281-A:55.

(c) Proof of eligibility under (b) shall be submitted not later than September 1 for reimbursement of the prior year's benefits.

(d) Proof of eligibility shall include:

(1) Either notarized true copies of the written record of knowledge by the employer that the employee had a permanent impairment, prior to the work related injury which the employer is using as a basis for reimbursement by the fund along with a completed “Second Injury Fund Sworn Statement of Employer”, form WCSIF-1a (3/2010), contained in Appendix II or an affidavit stating that the employer had knowledge of the employee's permanent physical or mental impairment which must be executed by the employer at the time of hire or retention but before the second injury may be used as written record;

(2) Medical evidence of the preexisting permanent impairment;

(3) Medical evidence of a subsequent disability as a result of the second injury or disability; and

(4) A medical evaluation which indicates that the disability is greater due to the combined effects of the preexisting impairment and the work related injury than would have been caused by subsequent injury alone. The employer or carrier may use “Second Injury Fund Certification by Physician”, form WCSIF-1b (12/1996), contained in Appendix II to submit this information.

(e) Self-insured employers and insurance carriers shall request reimbursement not later than September 1 for all reimbursable benefits paid in the preceding calendar year. Supporting documentation shall include verification of the first $10,000 paid and all other payments made on the case for the preceding calendar year shall be submitted with “Request for Reimbursement from the Second Injury Fund”, form WCSIF 2 (5/2013), and “Schedule of Reimbursable Payments”, form WCSIF-2a (5/2013), contained in Appendix II. A self-insured employer or insurance carrier who fails to make timely annual application for such reimbursement shall forfeit the right to reimbursement for payment made during the preceding calendar year.

(f) Self-insured employers and insurance carriers who desire to invoke the reimbursement provisions of RSA 281-A:15, III, shall request reimbursement from the special fund for the additional weekly compensation or permanent impairment award resulting from the increase in average weekly wages due to the employee's concurrent employment. The reimbursement request shall be completed and filed on “Application for Reimbursement of Paid Combined Earnings Differential” form 9WCA 3 (9/2015), contained in Appendix II, by September 1 for benefits paid in the preceding calendar year. A self-insured employer or insurance carrier who fails to make timely annual application for such reimbursement shall forfeit the right to reimbursement for payment made during the preceding calendar year.

History

#2264, eff 1-6-83; amd by #2935, eff 12-27-84; amd by #4854, eff 6-29-90; amd by #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 506.05 Adjustment of Claims {#sec-lab-506.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 506.05}

(a) For the purposes of RSA 281-A:63, I, any licensed New Hampshire insurance adjuster or adjusting company handling workers' compensation claims within the state of New Hampshire shall:

(1) Maintain a business office in the state of New Hampshire on a full time basis;

(2) Be open during the hours of 9 a.m. and 4 p.m.; and provide a toll-free number and email address for injured employees; and

(3) Have the capacity to facilitate the claims handling process.

(b) The utilization of an independent claims adjuster or claims adjusting company on behalf of an insurance carrier or self-insured that maintains facilities within the state of New Hampshire in accordance with Lab rule 506.05(a) shall be acceptable for the purposes of this rule.

History

#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

Part Lab 507 Responsibilities of Employees

N.H. Code Admin. R. Ann. Lab 507.01 Changes in Medical or Employment Status {#sec-lab-507.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 507.01}

(a) An employee receiving workers' compensation benefits shall report to the carrier, self-insured employer, or third party administrator:

(1) Any changes in his or her medical condition; and

(2) Any changes in his or her employment status or earnings or both.

(b) An employee eligible for temporary partial benefits under RSA 281-A: 31 shall:

(1) Provide or cause to be provided pay stubs or records of their earnings to the carrier on a weekly basis; and

(2) Promptly notify the carrier if the temporary partial employment ceases so a determination of benefits may be calculated.

(c) Pursuant to RSA 281-A:53-a, every carrier, self-insurer, employer or third party administrator shall notify any employee receiving workers' compensation benefits of the duty to report changes in earnings or employment status by completing and filing “Employee's Statement of Employment Status”, form 53 WC (12/2000), contained in Appendix II.

(d) The notice required by (c) above shall be sent by first class mail and may be included with the employee's regular indemnity payment.

(e) The notice required by (c) above shall require a report of any change in employment status or earnings that has occurred only in the 3 month period prior to the date listed on the notice.

(f) The carrier, self-insured, or third party administrator shall provide a self-addressed stamped envelope along with a completed “Employee Statement of Employment Status”, form 53 WC (12/2000), contained in Appendix II.

(g) The notice required by (c) above shall be copied to the claimant’s counsel of record if applicable.

(h) Form “Employee Statement of Employment Status”, form 53 WC (12/2000), shall indicate that:

(1) Failure by the employee to report any change in employment status or earnings might subject the employee to civil or criminal penalties; and

(2) Failure to complete and return the form within 30 days of the request might result in suspension of the employee's compensation benefits.

(i) The carrier, self-insured employer, or third party administrator shall not request the employee to fill out and return “Employee Statement of Employment Status” form 53 WC (12/2000) contained in Appendix II more than once every 3 months.

(j) If an employee fails to complete and return “Employee Statement of Employment Status”, Form 53 WC (12/2000), contained in Appendix II as requested, the carrier, self-insured employer, or third party administrator shall:

(1) Send a notice to the commissioner, employee and claimant’s counsel of record if applicable of its intent to suspend benefits by completing and filing “Notice of Intention to Suspend Payment of Workers’ Compensation Benefits” form 53-A WC (12/2000), contained in Appendix II;

(2) Notify the commissioner in writing if the completed “Employee Statement of Employment Status” form 53 WC (12/2000) contained in Appendix II has not been received within 15 days of the notice of intent to suspend benefits and request permission to suspend benefits until such time as that form is filed; and

(3) Send a copy of the request for permission to suspend benefits to the injured employee and claimant’s counsel of record if applicable.

(k) Upon receipt of a request to suspend benefits, the commissioner shall within 10 working days issue an order suspending the employee's benefits until “Employee Statement of Employment Status”, form 53 WC (12/2000), contained in Appendix II is filed.

(l) Upon receipt of “Employee Statement of Employment Status”, form 53 WC (12/2000), contained in Appendix II the carrier, self-insured, third party administrator, or employer shall within 5 working days resume making payment of benefits and shall include in the first check all the benefits unpaid during the period of suspension.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; amd by #4854, eff 6-29-90; amd by #5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 513.01); ss by#7585, eff 10-30-01; ss by #9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 507.02 Incarceration {#sec-lab-507.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 507.02}

An employee who becomes incarcerated shall notify the insurance carrier of the date, place of incarceration, and date of release.

History

#5041, eff 1-9-91, ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 507.03 Combined Earnings {#sec-lab-507.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 507.03}

In the event of a claim pursuant to RSA 281-A:15, III, the employee shall request that the concurrent employer(s) complete a wage schedule and make it available to the carrier handling the claim.

History

#6806, eff 7-18-98 (formerly Lab 514.02); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 507.04 Attendance at Independent Medical Examinations {#sec-lab-507.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 507.04}

(a) Pursuant to RSA 281-A: 39, the employee shall submit to an independent medical examination scheduled by the employer or his insurance carrier at a reasonable time and place.

(b) Pursuant to RSA 281-A: 38, II, the employee may have a witness present during such examination. The witness may observe and take notes, but shall not interfere in the examination in any way. To authorize such a witness, the employee shall complete and sign an “Authorization to Permit Witness at Medical Examination”, form 38 WCA (9/2015), contained in Appendix II.

(d) Failure to submit to an independent examination shall:

(1) Result in the suspension of benefits until such time as the examination has taken place; and

(2) Suspend the employee’s right to a hearing if medical bills are in dispute and the employee refuses or obstructs the examination.

History

#6806, eff 7-18-98 (formerly Lab 514.03); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; amd by #10038, eff 12-1-11; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 507.05 Request for Pre Approval of Medical Hospital or Remedial Care {#sec-lab-507.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 507.05}

(a) When pre approval of medical, hospital or remedial care in accordance with RSA 281-A: 23 is required, the injured employee shall obtain a written statement from the medical provider containing the following:

(1) The nature of the proposed care;

(2) How the proposed care is required to address problems that are the result of the work-related injury;

(3) The anticipated benefit of the care; and

(4) An estimate of the cost for the care.

(b) A copy of the statement from the medical provider shall be sent to both the insurance carrier and the department of labor. The carrier shall have 20 days to evaluate the request and decide if it will approve the requested care.

(c) If the carrier denies the requested care or does not respond within the stated time frame, the injured worker shall contact the department, in writing, to request a hearing.

History

#9019, eff 11-1-07; ss by #11067, eff 4-1-16

Part Lab 508 Responsibilities of Treating Practitioners

N.H. Code Admin. R. Ann. Lab 508.01 Medical Reports {#sec-lab-508.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 508.01}

(a) A “Workers' Compensation Initial Medical Report,”, form 75WCA-1 (6/1994), contained in Appendix II, shall be completed in full and filed with the carrier within 10 days of the first examination. The health care provider shall keep a supply of the initial medical report form in their offices for completion. If an injured employee is released to return to work, the medical report form shall indicate whether the employee can resume his or her former duties or perform light or other work.

(b) There shall be no reimbursement for services rendered upon the failure of the practitioner to provide the carrier with the “Workers Compensation Initial Medical Report”, 75WCA-1(6/1994), contained in Appendix II within 10 days of the first treatment. Furthermore, the failure of practitioner to provide the carrier with medical information necessary in the prompt processing of a claim, may result in the nonpayment of the medical bill under RSA 281-A:23V(c).

(c) Medical reports submitted in conjunction with assessment of permanent bodily loss under RSA 281-A:32 shall contain affirmation that the findings were determined from Guide to the Evaluation of Permanent Impairment, 5th edition, published by the American Medical Association available as noted in appendix III.

History

(See Revision Note at part heading for Lab 508) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 507.01); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07’
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 508.02 Application of Civil Penalties {#sec-lab-508.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 508.02}

(a) The commissioner shall assess a civil penalty between $0.00 and $2,500.00 against any health care provider who without sufficient cause, as determined by the commissioner, bills an injured employee or his or her employer for services covered by insurers or self-insurers under the statute, or who fails to provide reports required under the statute.

(b) Insufficient cause shall be determined if the health care provider:

(1) Bills an employee and is aware that the matter is an accepted workers’ compensation claim or that the matter is in litigation; or

(2) Bills the employee for the amount that the carrier, self-insured employer or third party administrator did not pay as a result of RSA 281-A: 24 Reasonable Value of Services.

(c) The commissioner or his or her designee shall request from the health care provider the reason for the billing to the employee or employer or for the lack of report forwarded to the carrier.

(d) If the reason for the incorrect billing is in violation of RSA 281-A, the commissioner shall assess a penalty with the severity of the penalty increasing with each violation by that health care provider. The initial penalty assessment shall be $500.00.

(e) In determining the dollar amount of a civil penalty for any violation within these rules, the commissioner shall determine the penalty with the goal of preventing future misconduct, considering the following factors:

(1) The severity of the violation;

(2) The frequency of the violation;

(3) Whether the violator is a repeat offender; and

(4) Other similar factors that the commissioner finds demonstrate that the violation warrants a higher civil penalty.

History

(See Revision Note at part heading for Lab 508) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 507.02); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

Part Lab 509 Vocational Rehabilitation

N.H. Code Admin. R. Ann. Lab 509.01 Purpose {#sec-lab-509.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 509.01}

Vocational rehabilitation of occupationally disabled persons under RSA 281-A: 25 truly represents not only the most humane approach, but also the most economical. Accordingly, the goal of vocational rehabilitation is to restore the employee to, or as close as possible to, his or her prior earning capacity as measured by the employee's average weekly wage.

History

(See Revision Note at part heading for Lab 508) #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 508.01); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 509.02 Eligibility for Vocational Rehabilitation Services {#sec-lab-509.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 509.02}

(a) Employees who are disabled from performing the work for which they have training or experience shall be referred by the carrier or self-insured employer or by the department after consultation with the carrier or self-insured employer, to an appropriate vocational rehabilitation provider.

(b) In determining a suitable job goal, consideration shall be given, but not limited, to the employee's prior training and work experience, education, average weekly wage, age, and medical factors. This shall be evaluated by the vocational rehabilitation provider on a case by case basis using the criteria listed.

(c) In determining the level of services necessary for the employee to achieve a suitable job goal, consideration shall be given to the following hierarchy of services:

(1) Return to same job, same employer;

(2) Return to same job modified, same employer;

(3) Return to different job, same employer;

(4) Return to same job, different employer;

(5) Return to same job modified, different employer;

(6) Return to different job, different employer;

(7) On the job training;

(8) New skill training or retraining;

(9) Other educational or academic program; and

(10) Other.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 508.02); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 509.03 Reporting Extended Disabilities {#sec-lab-509.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 509.03}

(a) Carriers and self-insured employers shall complete and file with the department a Report of Extended Disability, form 74WCA (7/1989) , contained in Appendix II, with copies of the complete medical file and any vocational rehabilitation reports which are available at that time. This report shall be filed as soon as the carrier knows that the employee's disability will extend or has extended for 6 months or more. The department shall review the report and accompanying material.

(b) If the review indicates a need for services, the department shall direct the carrier or self-insured employer to refer the employee to a vocational rehabilitation provider to evaluate the practicability of and need for vocational rehabilitation services and to develop recommendations for the kind of service or training necessary to return the employee to suitable and gainful employment. Such evaluation shall include, but not be limited to, information regarding the employee's prior training, work experience, education, average weekly wage, age, and medical factors.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 508.03); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 509.04 Reporting Provision of Vocational Rehabilitation Services {#sec-lab-509.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 509.04}

(a) Within 7 days of receiving a referral from a carrier or self-insured employer, the vocational rehabilitation provider shall report it to the department. This information shall be provided on the vocational rehabilitation provider's letterhead and shall reflect referrals for vocational rehabilitation services, not referrals exclusively for medical management services.

(b) A copy of the “Employer's First Report of Injury”, form 8WC (7/2019), contained in Appendix II shall be attached to the referral.

(1) Date referral received;

(2) Date of employee's injury;

(3) Employee's name at the time of the injury;

(4) Employee's mailing address, including the street, RFD or box number, city, state, and zip code;

(5) Employer's name;

(6) Carrier or self-insured employer's name;

(7) Carrier or self-insured employer's mailing address;

(8) Rehabilitation provider's name;

(9) Rehabilitation company name;

(10) Employee's attorney's name, if represented by an attorney; and

(11) Employee's attorney's mailing address.

(d) In cases that have been referred pursuant to Lab 509.04(a), an individual written rehabilitation plan (IWRP) shall be filed with the department within 120 days of the vocational rehabilitation referral.

(e) (IWRP) amendments shall be written and consecutively numbered as long as vocational rehabilitation services continue to be provided.

(f) (IWRP) and amendments shall be on the vocational rehabilitation provider's letterhead.

(g) The vocational rehabilitation provider shall provide the following information in the order below on the (IWRP) and amendments:

(1) Employee's name;

(2) Employer's name;

(3) Employee's date of injury;

(4) Employee's date of birth;

(5) Employee's average weekly wage;

(6) Employee's disability;

(7) Employee's pre-injury occupation;

(8) Employee's education level;

(9) Carrier or self-insured employer's name;

(10) Date of referral;

(11) Medical justification for the vocational goals with the attached medical report;

(12) Level of service as per Lab 509.02(c);

(13) Vocational goal with rationale and estimated weekly earnings;

(14) Detailed plan of vocational services including the nature and extent of services, and the projected dates of service;

(15) Responsibilities of participants; and

(16) Signature of the employee, rehabilitation provider, employer or representative, and department representative with dates.

(h) The (IWRP) and amendments shall reflect all the vocational rehabilitation services anticipated.

(i) If disputes arise over the (IWRP) or its amendments, the vocational rehabilitation coordinator or designee shall contact the party in dispute, discuss the problem areas, and identify resolutions.

(j) The vocational rehabilitation coordinator or designee shall review the (IWRP) and its amendments within 14 days of receipt by the department. If the (IWRP) or its amendments are disallowed, per 281-A: 25, VII, it shall be returned to the vocational rehabilitation provider for revisions.

(k) If a dispute arises regarding the (IWRP) or its amendments which is not resolved through the administrative process outlined above, a hearing shall be scheduled pursuant to RSA 281-A: 25, VII.

(l) At case closure, the vocational rehabilitation provider shall file with the department a closure report which provides the following information:

(1) Employee's name;

(2) Carrier or self-insured employer's name;

(3) Employee's date of injury;

(4) Date of referral;

(5) Date of closure;

(6) Reason for closure; and

(7) Name of vocational rehabilitation provider.

(m) The case closure shall be on the vocational rehabilitation provider's letterhead.

History

#6806, eff 7-18-98 (formerly Lab 508.04); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 509.05 Placement Evaluation {#sec-lab-509.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 509.05}

All job placements shall be evaluated by the vocational rehabilitation provider 60 days after placement, and a status report of that evaluation shall be filed with the department immediately, with a copy sent to the carrier or self-insured employer.

History

#6806, eff 7-18-98 (formerly Lab 508.05); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 509.06 Vocational Rehabilitation Training Agreement {#sec-lab-509.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 509.06}

(a) A vocational rehabilitation training agreement shall be developed and submitted to the department for prior approval on a case by case basis using the criteria listed in Lab 509.02(b). This shall be done for services which involve any expenditure of monies beyond those for the services of the vocational rehabilitation provider, or for services listed in Lab 509.02(c) (7) - (10). The training agreement with the original signatures of all parties shall be submitted to the department for review and approval. Each case shall be evaluated on an individual basis taking into consideration, but not limited to, the medical condition of the employee, the choice of vocational goal and rationale, the nature and extent of the training, and the employability of the employee at the completion.

(b) The vocational rehabilitation training agreement shall be on the vocational rehabilitation provider's letterhead.

(c) The vocational rehabilitation provider shall include the following information in the following order on the vocational rehabilitation training agreement:

(1) Employee's name;

(2) Employer's name at the time of the injury;

(3) Carrier's name;

(4) Employee's date of injury;

(5) Type of injury and nature and extent of disability;

(6) Vocational goal and rationale for selecting this goal;

(7) Responsibilities of carrier including dates and costs;

(8) Responsibilities of employee including dates;

(9) Responsibilities of rehabilitation provider including dates;

(10) Provisions for payment and/or cessation of indemnity benefits during and at conclusion of training agreement;

(11) Signatures of employee, rehabilitation provider, carrier representative;

(12) Date the signed training agreement is submitted to the department for review;

(13) Date the signed training agreement is approved by the department;

(14) Blank line labeled "Labor Department Representative"; and

(15) Blank line labeled "Date Approved by Labor Department".

(d) Upon submission, the original copy of the signed vocational rehabilitation training agreement shall be reviewed by the labor department vocational rehabilitation coordinator or designee.

(e) To obtain approval of a training agreement, the training agreement shall:

(1) Document that the vocational goal is within the injured employee’s medical restrictions;

(2) Take into consideration the injured employee’s transferable skills;

(3) Provide for a vocation that approximates the injured employee’s average weekly wage prior to the injury;

(4) Demonstrate the availability of employment in the injured employee’s labor market; and

(5) Take into consideration other employment issues.

(f) If approved, the training agreement shall be signed by the vocational rehabilitation coordinator or designee and a photocopy shall be returned to the rehabilitation provider for distribution to the other parties.

(g) If not approved, the vocational rehabilitation coordinator or designee shall contact the rehabilitation provider to discuss problem areas and identify resolutions. The coordinator may require a meeting with the parties to discuss the training agreement further.

(h) If a dispute arises regarding a vocational rehabilitation training agreement which is not resolved through the administrative process outlined above, a formal hearing shall be scheduled pursuant to RSA 281-A:25, I, III, and IV.

History

#6806, eff 7-18-98 (formerly Lab 508.06); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 509.07 Hearings under RSA 281-A:25, I, III, IV, V, VII {#sec-lab-509.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 509.07}

(a) The employee, carrier, or vocational rehabilitation provider may request in writing a hearing to decide any of the following issues:

(1) Disputes regarding the employee's eligibility to receive vocational rehabilitation services;

(2) Disputes regarding the level of services to which the employee is entitled;

(3) Disputes regarding the provisions of a drafted or approved vocational rehabilitation training agreement which were not resolved through the administrative process; or

(4) Disputes regarding a carrier's request to suspend indemnity benefits on the basis that the employee refused to cooperate with or accept vocational rehabilitation services as in RSA 281-A:25, V.

(b) Such hearing shall be scheduled as provided in Lab 200.

History

#6806, eff 7-18-98 (formerly Lab 508.07); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

Part Lab 510 Review of Eligibility for Compensation

N.H. Code Admin. R. Ann. Lab 510.01 Basis of Petition {#sec-lab-510.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 510.01}

A claimant, carrier, or employer may petition the commissioner under RSA 281-A: 48 to review eligibility for compensation by reason of a change in condition, mistake as to the nature or extent of the injury or disability, fraud, undue influence, or coercion.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 509.01); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 510.02 Rules Governing Review {#sec-lab-510.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 510.02}

(a) No carrier shall reduce or terminate benefit payments for reasons other than provided by statute, Lab 506.02 (p), or Lab 510.04 without obtaining prior approval of the commissioner pursuant to (b) through (d) below.

(b) A carrier seeking approval to reduce or terminate benefit payments shall take the following action:

(1) File a written petition with the commissioner setting out in detail the reasons why it believes it should be allowed to take such action;

(2) Provide the department with the claimant’s correct address and phone number;

(3) Attach to the petition copies of all medical reports and other documents it is relying upon to support the granting of its petition; and

(4) Simultaneously send a copy of the petition and supporting documents to the opposing party, together with a notice that if the party objects to the petition, a written objection together with all documentation supporting the objection is required to be sent to the commissioner and the moving party within 10 days.

(1) Review the medical reports issued since the date of the last decision by the commissioner or commissioner's representative to determine if there has been a revision of any full-time, light or full duty work release applicable to the employee;

(2) Review the limitation and restrictions placed upon the employee by the treating physician;

(3) Review the documentation indicating the availability of work for the employee;

(4) Review the employee's involvement in an approved vocational rehabilitation program; and

(5) Review such other facts noted by the parties in their filings that might restrict the employee from returning to work.

(d) Based upon the evidence presented and the review pursuant to (c) above, the commissioner shall grant or deny the petition to reduce or terminate the employee's benefits.

(e) If either party disagrees with the commissioner’s determination he or she may request a hearing in accordance with RSA 281-A: 43.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 509.02); ss by #7585, eff 10-30-01, EXPIRED: 10-30-09; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 510.03 Diminished Earning Capacity {#sec-lab-510.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 510.03}

Pursuant to RSA 281-A: 48, in the absence of work opportunity and on the basis of medical and other evidence, the earning capacity of a partially disabled person shall be 60% of the difference between 80% of the statutory minimum wage under RSA 279 in effect on the date of injury using the average number of hours per week the claimant worked and the claimant's established average weekly wage at the time of injury, accordingly.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 509.03); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 510.04 Forfeiture of Benefits Upon Incarceration {#sec-lab-510.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 510.04}

(a) Pursuant to RSA 281-A:3-a, a claimant who has become incarcerated pursuant to a conviction shall forfeit any right to workers' compensation indemnity benefits 30 days after incarceration for the remaining period of incarceration.

(b) A carrier or employer who becomes aware of the incarceration of a claimant for over 30 days shall cease payment of workers' compensation indemnity benefits to the claimant for the remaining period of incarceration.

(c) The carrier or employer shall notify the commissioner of the cessation of benefits in writing by issuing a “Memorandum of Payment”, form 9 WCA (6/1994), contained in Appendix II and shall include with the memorandum a copy of the document on which the carrier is relying for proof of incarceration.

History

#7585, eff 10-30-01, EXPIRED: 10-30-09; ss by #11067, eff 4-1-16

Part Lab 511 Cases for Departmental Review

N.H. Code Admin. R. Ann. Lab 511.01 Lump Sum Settlement {#sec-lab-511.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 511.01}

(a) Lump sum settlements of past, present and future weekly indemnity benefits under RSA 281-A: 26, 28, 28-a, 31, 31-a, which may also include past, present or future scheduled permanent impairment awards to which the claimant may be entitled under RSA 281-A: 32, shall be permitted by RSA 281-A: 37, in cases where there have been at least 12 months of continuous disability or the best interest of all concerned will be served.

(b) In order to determine if the best interest of all concerned will be served, a hearing in accordance with RSA 281-A: 43 shall be scheduled. The hearing officer shall determine if the settlement is approved based on the testimony of the parties.

(c) Benefits under RSA 281-A: 25, vocational rehabilitation, may also be settled by lump sum under RSA 281-A: 37. The portion of the lump sum settlement shall be held in escrow by the carrier and shall be paid to the provider of the vocational rehabilitation services for services incurred by the claimant. The eligible period for vocational rehabilitation benefits following a lump sum settlement shall commence within 6 months after the approval, unless extended by the commissioner.

(d) Department approval shall be obtained for a lump sum settlement pursuant to RSA 281-A: 37.

(e) All medical information shall be filed with the department before lump sum approval will be given.

(f) A hearing on a lump sum request shall be held, at which time the department of labor shall inquire into the settlement to be certain that it is a fair resolution of disputes between the parties. The claimant shall be present, in person or telephonically.

(g) A written request for a hearing to approve a lump sum settlement shall include:

(1) Full identification of the parties and their representatives;

(2) The scope and total amount of agreement foreclosing future claim, specifying which provisions of the statute are being settled; and

(3) A summary of the reason for settlement consistent with RSA 281-A: 37. The reasons shall be specific to the individual claimant.

(h) Upon approval of a “Request for Lump Sum Settlement”, form 15WCA (10/1999), contained in Appendix II shall be completed, signed and distributed to all parties of interest.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84, EXPIRED: 12-27-90
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98 (formerly Lab 510.03); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 511.02 Attorney's Fees {#sec-lab-511.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 511.02}

Attorney's fees for legal services rendered to the claimant at the department level shall be limited to 20% of the actual recovery excluding medical benefits.

History

#6806, eff 7-18-98 (formerly Lab 510.04); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 511.03 Third Party Liability {#sec-lab-511.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 511.03}

(a) Upon recovering damages from a third person under RSA 281-A: 13, employees, employers or carriers shall prepare in full and file for the commissioner's approval “Settlement of Third Party Claim Computation”, form WC-3PR-1 (6/2015), contained in Appendix II or a copy of the court filing, if any, resolving the third party claim and lien.

(b) The computation shall show the employer/carrier's pro rata share of attorney fees, expenses and costs of the action, the employee or claimant’s share of attorney fees, expenses and costs of the action, the employer or carrier's net payment in satisfaction of lien, and the net amount of the settlement due the employee or claimant.

(c) In lieu of “Settlement of Third Party Claim Computation”, form WC-3PR-1(6/2015), contained in Appendix II if the parties have filed documents with a court or arbitrator settling the claim and lien, copies of those documents shall be submitted to the department.

(d) The commissioner shall review the completed form and submitted document to assure that the figures are correct and that the lien or compromised lien of the employer or carrier is satisfied. If so, the commissioner shall approve the resolution of the claim.

History

#6806, eff 7-18-98 (formerly Lab 511); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by #11067, eff 4-1-16

Part Lab 512 Civil Penalties for Non-Compliance

N.H. Code Admin. R. Ann. Lab 512.01 Application {#sec-lab-512.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 512.01}

(a) The commissioner may assess civil penalties of up to $2,500.00 against employers and insurance carriers who fail to pay or deny compensation promptly, fail to give the commissioner timely notice of such action, or fail to provide vital information in a timely manner as directed by RSA 281-A:42, RSA 281-A:53, and RSA 273:11-a.

(b) In determining the severity of the civil penalty, the commissioner shall document violations of the carrier or employer and the fine shall be based on the number of violations of the statute and rules prior to the assessment.

(c) If the carrier or employer disputes the assessment, he or she may request a hearing before the commissioner to discuss the matter to consider prior history of compliance with the statute and with the rules and orders of the department.

History

#2264, eff 1-6-83; ss by #2935, eff 12-27-84; EXPIRED 12-27-90
#5041, eff 1-9-91; ss by #5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; ss by 10038, eff 12-1-11; ss by #11067, eff 4-1-16

Part Lab 515 - Reserved

N.H. Code Admin. R. Ann. Lab 515.01 Workers' Compensation Claims {#sec-lab-515.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 515.01}

Reserved

History

#4854, eff 6-29-90; ss and moved by #5235, eff 9-27-91 (See Lab 515.06)
#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; rpld by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 515.02 Workers' Compensation Claims {#sec-lab-515.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 515.02}

515.10 & Lab 515.12 - Lab 515.15 - Reserved

History

#5235, eff 9-27-91, EXPIRED: 9-27-97
#6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; rpld by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 515.11 Workers' Compensation Claims {#sec-lab-515.11 omnilex-key=us-nh-regs-official--agency-lab--Lab 515.11}

Reserved

History

#5235, eff 9-27-91; ss by #5893, eff 9-2-94; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; rpld by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 515.16 Workers' Compensation Claims {#sec-lab-515.16 omnilex-key=us-nh-regs-official--agency-lab--Lab 515.16}

Reserved

History

#5235, eff 9-27-91; amd by #5909, eff 10-13-94; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
#6806, eff 7-18-98; ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
#9019, eff 11-1-07; rpld by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 515.17 Workers' Compensation Claims {#sec-lab-515.17 omnilex-key=us-nh-regs-official--agency-lab--Lab 515.17}

Reserved

History

#7585, eff 10-30-01, EXPIRED: 10-30-09; rpld by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 515.18 Workers' Compensation Claims {#sec-lab-515.18 omnilex-key=us-nh-regs-official--agency-lab--Lab 515.18}

Reserved

History

#7585, eff 10-30-01, EXPIRED: 10-30-09; rpld by #11067, eff 4-1-16

Part Lab 516 Certification of Vocational Rehabilitation Providers

N.H. Code Admin. R. Ann. Lab 516.01 Purpose {#sec-lab-516.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 516.01}

The purpose of these rules is to assure that vocational rehabilitation services as mandated under RSA 281-A: 25 are provided by qualified individuals. The rules specify the process by which those individuals are to be certified.

History

#5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff 9-2-94
#6596, eff 10-3-97, EXPIRED: 10-3-05
#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 516.02 Scope {#sec-lab-516.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 516.02}

These rules shall apply to all vocational rehabilitation providers who are servicing injured employees who are receiving benefits under the New Hampshire workers’ compensation law.

History

#5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff 9-2-94
#6596, eff 10-3-97, EXPIRED: 10-3-05
#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 516.03 Definitions {#sec-lab-516.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 516.03}

(a) “Board” means the Vocational Rehabilitation Provider Advisory Board as established by RSA 281-A: 69.

(b) “Certified disability management specialist (CDMS)” means one who provides preventative and remedial services to minimize the impact and cost of disability and to enhance productivity as certified by the Certification of Disability Management Specialists Commission (CDMSC).

(c) “Certified rehabilitation counselor (CRC)” means one who systematically assists persons with physical, mental, developmental, cognitive, and emotional disabilities to achieve their personal, career, and independent living goals in the most integrated setting possible through the application of the counseling process as certified by the Commission on Rehabilitation Counselor Certification (CRCC).

(d) “Certified vocational evaluator (CVE)” means one who conducts a comprehensive process that systematically uses real or simulated work as the focus for assessment and vocational exploration, the purpose of which is to assist individuals in their vocational development as certified by the Commission on Certification of Work Adjustment and Vocational Evaluation Specialists (CCWAVES).

History

#5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff 9-2-94
#6596, eff 10-3-97, EXPIRED: 10-3-05
#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 516.04 Categories {#sec-lab-516.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 516.04}

(a) The certified vocational rehabilitation provider (CVRP) shall meet the definition required for one of the categories below:

(1) Current certified rehabilitation counselor (CRC);

(2) Current certified disability management specialist (CDMS); or

(3) Current certified vocational evaluator (CVE).

(b) The certified vocational rehabilitation provider intern (CVRPI) shall meet all of the following criteria:

(1) The individual shall submit a written professional development plan (PDP) to the commissioner which outlines how one of the categories listed in (a) above shall be achieved within 5 years from the date of application;

(2) The individual shall be supervised by a certified vocational rehabilitation provider (CVRP); and

(3) The individual shall file annually with the commissioner a progress report on the anniversary date of application regarding the status of the written professional development plan (PDP).

History

#5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff 9-2-94
#6596, eff 10-3-97, EXPIRED: 10-3-05
#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 516.05 Application Process for Certificates {#sec-lab-516.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 516.05}

(a) An applicant to become a vocational rehabilitation provider shall request initial certification by submission of required information and certificate fee to the commissioner at any time during the calendar year.

(b) The applicant shall provide the following in the order below:

(1) Applicant’s name;

(2) Applicant’s home address;

(3) Applicant’s home telephone number;

(4) Applicant’s business name or employer’s name;

(5) Applicant’s business address, if different, or employer’s address;

(6) Applicant’s business telephone number, if different, or employer’s telephone number;

(7) Current certification type(s), number, and expiration date;

(8) Educational level with major field of study and name of school attended;

(9) Related work experience with name of employer(s), job title(s), and years of experience;

(10) A statement that certifies that the information provided is true and correct in all respects; and

(11) Signature of the applicant and the date signed.

History

#5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff 9-2-94
#6596, eff 10-3-97, EXPIRED: 10-3-05
#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 516.06 Certificate Renewal {#sec-lab-516.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 516.06}

(a) The CVRP shall apply biennially for certificate renewal by submission of:

(1) A completed application;

(2) Documentation of the completion of the required continuing education credits; and

(3) Documentation of attendance at mandatory department of labor training.

(b) Certification shall expire if the completed renewal application is not received within the 30 business days following the date of certificate expiration.

(c) For certification application occurring within one year from the expiration date of the previous certificate, the applicant shall submit the following:

(1) A completed application;

(2) Documentation of the completion of the required continuing education credits;

(3) Current certification type(s), number, and expiration date; and

(4) Related work experience with name of employer(s), job title(s), and years of experience.

History

#5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff 9-2-94
#6596, eff 10-3-97, EXPIRED: 10-3-05
#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 516.07 Continuing Education Requirements {#sec-lab-516.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 516.07}

(a) At least 32 continuing education credits shall be accrued biennially by all certified providers and interns.

(b) Annual attendance at one department of labor training shall be mandatory.

(c) The provider or intern may petition the commissioner in writing for exemptions from Lab 516.07(b) under the following conditions:

(1) Personal illness or injury;

(2) Death or serious illness or injury of a family member;

(3) Financial hardship;

(4) Required legal appearances; or

(5) Any circumstance in which attendance is prevented.

(d) The commissioner shall render a decision in writing to the provider or the intern within 10 business days of receipt. If the petition meets one of the criteria in numbers (1) through (5), then an exemption shall be granted.

History

#5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff 9-2-94
#6596, eff 10-3-97, EXPIRED: 10-3-05
#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 516.08 Reviewing and Certification Process {#sec-lab-516.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 516.08}

(a) The vocational rehabilitation provider advisory board shall make recommendations to the commissioner regarding applicants for certification.

(b) Applications and renewals for certification shall be reviewed for compliance with requirements and a determination of eligibility shall be made. The commissioner shall render a decision in writing to the applicant within 30 business days of receipt.

History

#5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff 9-2-94
#6596, eff 10-3-97, EXPIRED: 10-3-05
#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 516.09 Fees {#sec-lab-516.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 516.09}

(a) An initial certificate fee of $75.00 shall be submitted upon receipt of notification of application approval.

(b) A certificate renewal fee of $25.00 shall be submitted upon receipt of notification of application renewal approval.

History

#5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff 9-2-94
#6596, eff 10-3-97, EXPIRED: 10-3-05
#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 516.10 Professional Standards {#sec-lab-516.10 omnilex-key=us-nh-regs-official--agency-lab--Lab 516.10}

(a) Each certified vocational rehabilitation provider shall comply with the code of professional ethics adopted by each of the following organizations of which the provider is a member:

(1) Commission on Rehabilitation Counselor Certification;

(2) Certification of Disability Management Specialists Commission; and

(3) Commission on Certification of Work Adjustment and Vocational Evaluation Specialists.

(b) All certified vocational rehabilitation providers shall, in addition to complying with (a) above, comply with the following:

(1) The vocational rehabilitation provider shall not engage in any activity which endangers the health, safety, or welfare of the injured employee;

(2) The vocational rehabilitation provider shall, at all times, respect the opinion and privacy of the injured employee;

(3) The vocational rehabilitation provider shall not engage in any activity which deceives, defrauds, or harms the public;

(4) The vocational rehabilitation provider shall demonstrate honesty and impartiality in all interactions with the injured employee, in writing of reports, charges for professional services, and in the administration of scoring, interpretation, and utilization of vocational tests and work samples;

(5) The vocational rehabilitation provider shall explain the purpose of providing rehabilitation services to the injured employee;

(6) The vocational rehabilitation provider shall clearly identify to the injured employee all proposed vocational rehabilitation goals designed to help the injured employee return to suitable employment as discussed in Lab 509.02 (b);

(7) The vocational rehabilitation provider shall recommend to the injured employee only employment which has been determined as suitable for the employee as in (6) above;

(8) Before presenting any vocational rehabilitation plan to the department of labor, the vocational rehabilitation provider shall ensure that the injured employee clearly understands and agrees to the vocational goals being proposed, the proposed method to attain those goals, and the period in which the goals are to be attained;

(9) In any case in which the vocational rehabilitation provider has been engaged to provide services, the provider shall not provide services which include:

a. Acting on behalf of an insurer in negotiating for, or effecting the settlement of a claim or claims for loss or damage covered by an insurance contract; and

b. Investigating or adjusting of such claims.

(10) The vocational rehabilitation provider shall refrain from giving legal advice, in any form, to the injured employee or advising the injured employee that legal assistance is not needed;

(11) The vocational rehabilitation provider shall not solicit referrals, either directly or indirectly, by offering money or gifts;

(12) The vocational rehabilitation provider shall not file false or misleading information or statements in procuring registration or renewal of registration as a rehabilitation provider, whether for one’s self or another;

(13) The supervising vocational rehabilitation provider shall systematically and periodically evaluate the delivery of rehabilitation services by the intern;

(14) When asked to render a second opinion on a case actively managed by another vocational rehabilitation provider, the reviewer shall not make any comment until the reviewer has conducted an in-person evaluation and has personally reviewed rehabilitation records, plans, and all other data necessary to reach an informed conclusion.

History

#5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff 9-2-94
#6596, eff 10-3-97, EXPIRED: 10-3-05
#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 516.11 Procedures for Submission and Processing of Complaints of Misconduct by a CVRP or CVRPI {#sec-lab-516.11 omnilex-key=us-nh-regs-official--agency-lab--Lab 516.11}

(a) Persons wishing to complain of CVRP or CVRPI misconduct shall submit to the board a written complaint including the information described in (b) below, using mail or any electronic means for which the board is able to maintain security.

(b) The complaint shall include:

(1) The name and address of the complainant;

(2) If the complaint is made on behalf of another person, the name of that person and the relationship of that person to the complainant;

(3) The date of the complaint;

(4) The name of the CVRP or CVRPI complained against;

(5) If known, the business address and telephone number of the CVRP or CVRPI complained against;

(6) A detailed description of the treatment, action or event complained about;

(7) The beginning and ending dates of the treatment, action or event being complained about; and

(8) As attachments, copies, but not originals, of any documents which relate to the complaint.

(c) The board shall mail a copy of any complaint it has not dismissed pursuant to (d) (1) below to the CVRP or CVRPI complained against.

(d) Within 90 calendar days of the receipt of a complaint at the board’s office, the board shall take one of the following actions:

(1) Dismiss the complaint by applying the standard in (e) below; or

(2) Begin an investigation of the allegations in the complaint by appointing a special investigator.

(e) The board shall dismiss any complaint, either without investigation above or after investigation, when it determines that:

(1) The board has no authority to regulate the actions or omissions complained of; or

(2) There is nothing in the complaint to suggest that the actions or omissions complained of constitute misconduct under RSA 281-A: 69, the rules or any order of the board, or any statute within the authority of the board to enforce.

(f) The board shall issue a written statement to a complainant whose complaint it has dismissed, including:

(1) Notice of, and the reason for, the dismissal; and

(2) A statement of the complainant’s right to challenge the dismissal through a hearing in accordance with this chapter.

(g) If a complaint is not dismissed, the matter will proceed in accordance with the following rules.

History

#5041, eff 1-9-91; amd by #5235, eff 9-27-91; rpld by 5894, eff 9-2-94
#6596, eff 10-3-97, EXPIRED: 10-3-05
#9287, eff 10-1-08; ss by #11067, eff 4-1-16

Part Lab 517 Conduct of Hearings Regarding Cvrp or Cvrpi Misconduct Complaints; Waiver of Rules

N.H. Code Admin. R. Ann. Lab 517.01 Presiding Officer {#sec-lab-517.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 517.01}

(a) Hearings shall be conducted by a presiding officer designated by the board.

(b) The presiding officer shall as necessary:

(1) Regulate and control the course of the hearing;

(2) Facilitate settlement of the dispute that is the subject of the hearing;

(3) Administer oaths and affirmations;

(4) Receive relevant evidence and exclude irrelevant, immaterial, or unduly repetitious evidence;

(5) Rule on procedural requests at the request of a party or intervenor or on the presiding officer’s own motion;

(6) Question anyone who testifies to the extent required to make a full and fair record;

(7) Arrange for recording the hearing as specified in RSA 541-A: 31, VII; and

(8) Take any other action consistent with applicable statutes, rules, and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

History

#9287, eff 10-1-08, ss by #10038, eff 12-1-11; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 517.02 Withdrawal of Presiding Officer {#sec-lab-517.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 517.02}

(a) Upon his or her own initiative or upon the motion of any party or intervenor, the presiding officer shall withdraw from any adjudicative proceeding for good cause.

(b) Good cause shall exist if the presiding officer:

(1) Has a direct interest in the outcome of the matter, including but not limited to, a financial or family relationship with any party or intervenor;

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of the case; or

(3) Personally believes that he or she cannot fairly judge the facts of the case.

(c) Mere knowledge of the issues or acquaintance with any party, intervenor or witness shall not constitute good cause for withdrawal.

History

#9287, eff 10-1-08; ss by #10038, eff 12-1-11; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 517.03 Waiver or Suspension of Rules by Presiding Officer {#sec-lab-517.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 517.03}

The presiding officer, upon the motion of any party or intervenor, or on his or her own initiative, shall suspend or waive any requirement or limitation imposed by this chapter when the suspension or waiver:

(a) Appears to be lawful; and

(b) Is more likely to promote the just, accurate and efficient resolution of the pending dispute than would adherence to the particular requirement or procedure.

History

#9287, eff 10-1-08; ss by #10038, eff 12-1-11; ss by #11067, eff 4-1-16

Part Lab 518 Time Periods

N.H. Code Admin. R. Ann. Lab 518.01 Computation of Time {#sec-lab-518.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 518.01}

(a) Unless otherwise specified, the unit of time for time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday, or a legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday, or legal holiday.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

Part Lab 519 Filing, Format and Delivery of Documents

N.H. Code Admin. R. Ann. Lab 519.01 Date of Issuance or Filing {#sec-lab-519.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 519.01}

(a) All written documents governed by this chapter shall be rebuttably presumed to have been issued on the date noted on the document.

(b) All written documents governed by this chapter shall be rebuttably presumed to have been filed with the board on the date of receipt, as evidenced by a date stamp placed on the document by the board or its staff in the normal course of business.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 519.02 Format of Documents {#sec-lab-519.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 519.02}

(a) All correspondence, pleadings, motions or other documents filed shall:

(1) Include the title and docket number of the case, if known;

(2) Be typewritten or clearly printed on durable paper 8 ½ by 11 inches in size;

(3) Be signed by the proponent of the document, or, if the proponent appears by a representative, by the representative; and

(4) Include a statement certifying that a copy of the document has been delivered to all parties and intervenors.

(b) The signature of a party or intervenor or the representative of the party or the intervenor on a document filed with the board shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it; and

(4) The document has not been filed for purposes of delay.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 519.03 Delivery of Documents {#sec-lab-519.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 519.03}

(a) Copies of all motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered by that party or intervenor to the presiding officer and to all other parties and intervenors.

(b) All notices, orders, decisions or other documents issued by the presiding officer or the board shall be delivered to all parties and intervenors.

(c) Delivery of documents relating to a proceeding shall be made either in hand or by depositing into the United States mail a copy of the document in an envelope bearing:

(1) The name of the person intended to receive the document;

(2) The full address, including zip code, last provided to the board by such person; and

(3) Prepaid first class postage.

(d) When a party or intervenor appears by a representative, delivery of a document to the party’s or intervenors representative either in hand or at the address stated on the appearance filed by the representative shall constitute delivery to the party or intervenor.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

Part Lab 520 Motions and Objections

N.H. Code Admin. R. Ann. Lab 520.01 Motions; Objections to Motions; Ruling on Motions {#sec-lab-520.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 520.01}

(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or based on information that was not received in time to prepare a written motion.

(b) Oral motions and any oral objections to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the proponent to submit the motion in writing and provide supporting information.

(c) Except as otherwise provided in this chapter, objections to written motions shall be filed within 10 calendar days of the date of the motion.

(d) Failure by an opposing party or an intervenor to object to a motion shall not in and of itself constitute grounds for granting the motion.

(e) When necessary to obtain information or clarify an issue relating to the proceedings, the presiding officer shall hold a hearing on the motion.

(f) The presiding officer shall rule upon a motion after full consideration of all objections and applicable law.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

Part Lab 521 Commencement of Adjudicative Proceedings; Appearances; Prehearing Conferences; Recording the Hearing

N.H. Code Admin. R. Ann. Lab 521.01 Commencement of Adjudicative Proceedings {#sec-lab-521.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 521.01}

(a) An adjudicative proceeding shall be commenced by an order of the board giving the parties the notice specified in (b) below.

(b) The notice of hearing shall contain:

(1) The names and addresses of the parties;

(2) A statement of the nature of the hearing;

(3) The time and place of the hearing and of any pre-hearing conference;

(4) A statement of the legal authority under which the hearing is to be held;

(5) A reference to the applicable statutes and rules;

(6) A short and plain statement of the issues presented; and

(7) A statement that each party has the right to have representation by an attorney at the party’s own expense.

(c) If the board finds that the public health, safety, or welfare requires emergency action and incorporates a finding to that effect in its order, immediate suspension of a certification shall be ordered pending an adjudicative proceeding. The board shall commence this adjudicative proceeding not later than 10 working days after the date of the board order suspending the certification.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 521.02 Appearances {#sec-lab-521.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 521.02}

(a) An appearance shall be filed by:

(1) The board’s special investigator;

(2) Each party or the party’s representative, if any; and

(3) Each intervenor or the intervenor’s representative, if any.

(b) The appearance shall contain the following information:

(1) The docket number assigned by the board or a brief identification of the case; and

(2) The daytime address and telephone number of the person filing the appearance.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 521.03 Prehearing Conference {#sec-lab-521.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 521.03}

Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A: 31, V to consider:

(a) Offers of settlement;

(b) Simplification of the issues;

(d) Limitations on the number of witnesses;

(e) Changes to standard procedures desired during the hearing by consent of the parties;

(f) Consolidation of examination of witnesses; or

(g) Any other matters which aid in the disposition of the proceeding.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 521.04 Recording the Hearing {#sec-lab-521.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 521.04}

(a) Except in the circumstances described in (b) below, the presiding officer shall record the hearing by electronic recording or any other method that will provide a verbatim record.

(b) If any person requests a transcript of the electronic recording of a hearing, the board shall:

(1) Cause a transcript to be prepared; and

(2) Upon receipt of payment for the cost of the transcription, provide a copy of the transcript to the person making the request.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

Part Lab 522 Intervention; Roles of the Board’s Special Investigator, Complainants and Board Staff

N.H. Code Admin. R. Ann. Lab 522.01 Intervention {#sec-lab-522.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 522.01}

(a) A non-party may intervene in a matter pending before an agency under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party’s rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervenor under any provision of law.

(b) If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, he or she shall grant the motion of intervention.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 522.02 Role of the Board’s Special Investigator {#sec-lab-522.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 522.02}

The board’s special investigator shall be the party to present the case against the CVRP or CVRPI.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 522.03 Role of Complainants in Disciplinary Hearings {#sec-lab-522.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 522.03}

A complainant shall have no role in the disciplinary hearing of the CVRP or CVRPI complained against other than that of witness unless the complainant petitions for, and is granted, the right to intervene.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 522.04 Role of Board Staff in Hearings {#sec-lab-522.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 522.04}

Unless called as witnesses, board staff shall have no role in hearings.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

Part Lab 523 Continuances and Failure to Attend Hearing

N.H. Code Admin. R. Ann. Lab 523.01 Continuances {#sec-lab-523.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 523.01}

(a) Any party or intervenor may make an oral or written motion that a hearing be delayed or continued to a later date or time.

(b) A motion for a delay or a continuance shall be granted if the presiding officer determines that a delay or continuance would assist in resolving the case fairly.

(c) If the later date, time and place are known when the hearing is being delayed or continued, the information shall be stated on the record. If the later date, time and place are not known at that time, the presiding officer shall as soon as practicable issue a written scheduling order stating the date, time and place of the delayed or continued hearing.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 523.02 Failure of a Party to Attend or Participate in the Hearing {#sec-lab-523.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 523.02}

(a) A party shall be in default if the party:

(1) Has the overall burden of proof;

(2) Has been given notice; and

(3) Fails to attend the hearing.

(b) If a party is in default under (a) above, the case shall be dismissed.

(c) If a party who does not have the overall burden of proof fails to attend a hearing after having been given notice, the testimony and evidence of any other parties or intervenors shall be received and evaluated.

(d) If a party who has the overall burden of proof attends a hearing but fails to participate by presenting evidence or argument, a decision shall be entered against that party.

(e) The board shall not dismiss the case under (b) above if the failure to attend results from circumstances that are beyond the control of the party.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

Part Lab 524 Requests for Information and Documents

N.H. Code Admin. R. Ann. Lab 524.01 Voluntary Production of Information {#sec-lab-524.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 524.01}

(a) Each party and intervenor shall attempt in good faith to make complete and timely response to requests for the voluntary production of information and documents relevant to the hearing.

(b) When a dispute arises concerning a request for the voluntary production of information or documents, any party or intervenor may file a motion to compel the production of the requested information or documents.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 524.02 Motions to Compel Production of Information and Documents {#sec-lab-524.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 524.02}

(a) Any party or intervenor may make a motion seeking an order for compliance with an information or document request. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of the hearing if such notice is issued less than 30 days in advance of the hearing.

(b) The motion to compel shall:

(1) Set forth in detail those facts which justify the request for information or documents; and

(2) List with specificity the information or documents being sought.

(d) The presiding officer shall grant the motion to compel if its proponent has demonstrated that an order for compliance is necessary for a full and fair presentation of evidence at the hearing.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 524.03 Mandatory Prehearing Disclosure of Witnesses and Exhibits {#sec-lab-524.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 524.03}

At least 5 days before the hearing, the parties and intervenors shall provide to the other parties and intervenors:

(a) A list of all witnesses to be called at the hearing containing the names of the witnesses, their addresses and their telephone numbers;

(b) Brief summaries of the testimony of the witnesses to be called;

(d) A copy of each document to be offered as evidence at the hearing; and

(e) An offer to allow the inspection of non-documentary exhibits to be offered as evidence at the hearing at times and places of convenience to the parties and intervernors.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

Part Lab 525 Hearing Procedure

N.H. Code Admin. R. Ann. Lab 525.01 Standard and Burden of Proof {#sec-lab-525.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 525.01}

The party or intervenor asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 525.02 Order of Testimony; Cross-Examination {#sec-lab-525.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 525.02}

(a) Any individual offering testimony, evidence or arguments shall state for the record his or her name and role in the hearing. If the individual is representing another person, the person being represented shall also be identified.

(b) Testimony on behalf of the parties shall be offered in the following order:

(1) The testimony of the party or parties bearing the overall burden of proof and such witnesses as such party or parties may call; and

(2) Thereafter, the testimony of the party or parties opposing the party who bears the overall burden of proof and such witnesses as such party or parties may call.

(c) The testimony of intervenors and such witnesses as such intervenors may be allowed to call shall be offered at the time directed by the presiding officer.

(d) Each party may cross-examine any witnesses offered against that party.

(e) The presiding officer shall call witnesses not called by the parties if their testimony is required for a full and fair adjudication of the issues.

(f) The right of an intervenor to cross-examine witnesses shall be determined by the presiding officer.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 525.03 Evidence {#sec-lab-525.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 525.03}

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A: 33.

(b) All rules of privilege recognized under the laws of the state of New Hampshire shall apply in proceedings before the board.

(c) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.

(d) All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

(e) Transcripts of testimony as well as documents, materials and objects admitted into evidence shall be public records unless the presiding officer determines that all or part of them is exempt from disclosure under RSA 281-A:21-b, RSA 91-A:5, or applicable case law.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 525.04 Proposed Findings of Fact and Conclusions of Law {#sec-lab-525.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 525.04}

(a) Any party or intervenor may submit proposed findings of fact and conclusions of law.

(b) The presiding officer shall require the submission of proposed findings of fact and rulings of law and specify a deadline after the close of the hearing for their submission when:

(1) Any party or intervenor has requested such action;

(2) The presiding officer is required to submit findings of fact and rulings of law to the board; or

(3) The presiding officer determines that proposed findings of fact and rulings of law would clarify the issues presented at the hearing.

(c) In any case where proposed findings of fact and rulings of law are submitted, the decision shall include rulings on the proposals.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 525.05 Closing the Record {#sec-lab-525.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 525.05}

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record except as allowed by paragraph (b) of this section and Lab 525.06.

(b) Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing. If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for a period of time necessary for the party to file the evidence.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 525.06 Reopening the Record {#sec-lab-525.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 525.06}

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 525.07 Disposition {#sec-lab-525.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 525.07}

(a) The presiding officer who has been designated the authority to conduct the hearing shall submit to the board a written proposal for disposition containing:

(1) The disposition proposed by the presiding officer;

(2) A statement of the reasons for the proposed disposition; and

(3) Findings of fact and rulings of law necessary to the proposed disposition.

(b) The board shall render a decision and dispose of a matter as it sees fit under the circumstances, including the possible sanctions of warning, suspension of a certificate, or revocation of a certificate, or other appropriate action. The decision will not become final until the possibility of rehearing and filing of exceptions under RSA 541-A: 34 are exhausted.

(c) The board shall keep a final decision in its records for at least 5 years following its date of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

N.H. Code Admin. R. Ann. Lab 525.08 Rehearing {#sec-lab-525.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 525.08}

(a) Within 30 calendar days of a decision or order any party or person directly affected may request rehearing of any matter determined in the proceeding or covered by the decision or order by submitting a written motion specifying:

(1) The issues to be considered at the rehearing; and

(2) Every ground on which it is claimed that the decision or order is unlawful or unreasonable.

(b) An objection to a motion for rehearing shall be submitted within 20 calendar days of the date of submission of the motion.

(c) Within 10 calendar days of submission of the motion for rehearing, the presiding officer, if he or she has received either an objection or a notice of no objection, shall employ the standards in (f) below to grant or deny the motion for rehearing.

(d) Within 10 calendar days of submission of the motion for rehearing, if the presiding officer has not received an objection or notice of no objection, he or she shall, pending the denial of the motion for rehearing or the completion of the rehearing, suspend the decision or order complained of.

(e) When the time specified in (b) above for submitting an objection has expired, the board shall employ the standards in (f) below to either grant or deny the motion for rehearing.

(f) The presiding officer shall grant the motion for rehearing if he or she determines that, in the original hearing:

(1) The relevant evidence was incorrectly assessed; or

(2) The relevant law was incorrectly applied; or

(3) There was a substantial failure to comply with this chapter.

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

Part Lab 526 Settlements

N.H. Code Admin. R. Ann. Lab 526.01 Settlement of Some or All Issues in a Dispute {#sec-lab-526.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 526.01}

(a) Any CVRP or CVRPI who has a dispute with the board shall have the opportunity at any time to reach an agreement to settle some or all of the issues if:

(1) There is no dispute about the material facts underlying the issues to be settled; and

(2) If the dispute relates to a complaint, the complainant has the opportunity to submit for the board's consideration written comment on the terms of the proposed settlement.

(b) To be effective, an agreement to settle shall be:

(1) In writing;

(2) Signed by the CVRP or CVRPI; and

(3) After the signing by the CVRP or CVRPI, finalized as an order issued by the board.

(c) The signing by the CVRP or CVRPI of an agreement to settle shall constitute a waiver of the CVRP or CVRPI's right to a hearing of the issues resolved by the agreement.

APPENDIX

Rule

Specific State Statute which the Rule Implements

Lab 501.01

RSA 281-A:26, 29, 32, 42, 53, 53-a, 54

Lab 501.02

RSA 281-A:42 and 53

Lab 502.01

RSA 281-A:23, 23-b, 25, 25-a, 26, 28, 29, 31, 32, 33, 37

Lab 502.02

RSA 281-A:5, I, RSA 281-A:6

Lab 502.03

RSA 281-A:2, XII

Lab 502.04

RSA 281-A:43

Lab 502.05

RSA 281-A:5

Lab 502.06

RSA 281-A:2, VI, 3-a, 4, 4-a, 5-b, 5-d, 7, 9, 10, 22, 23, 23-a, 23-b, 25, 28, 30, 31, 32, 38, 42, 42-a, 43, 50, 53, 53-a, 55, 59, 63, 64

Lab 502.07

RSA 281-A:2

Lab 502.08

RSA 281-A:2

Lab 502.09

RSA 281-A:2

Lab 502.10

RSA 281-A:23

Lab 502.11

RSA 281-A:4-a, 4-b, 5, 20, 23, 42, 53-a

Lab 502.12

RSA 281-A:4

Lab 502.13

RSA 281-A:2, 15

Lab 502.14

RSA 281-A:2VII

Lab 502.15

RSA 281-A:I

Lab 502.16

RSA 281-A:25

Lab 503.01

RSA 281-A:23, V

Lab 503.02

RSA 281-A:23, IV

Lab 504.01

RSA 281-A:4, 5, 53

Lab 504.02

RSA 281-A:2, XV, 15, 19, 20, 53

Lab 504.03

RSA 281-A:25-a, 54, IX

Lab 504.04

RSA 281-A:23-b

Lab 504.05

RSA 281-A:25-a

Lab 505.01

RSA 281-A:5, III, 42, 53

Lab 506.01

RSA 281-A:5-d, 38, 40, 42

Lab 506.02

RSA 281-A:15, 23,24, 26, 31, 32, 40, 42, 63

Lab 506.02 (j) (1)

RSA 281-A:32, IX, XIV

Lab 506.02 (s)

RSA 281-A:28, RSA 281 - A : 28-a, RSA 281-A:31,RSA 281-A : 31-a

Lab 506.03

RSA 281-A: 29, 30

Lab 506.04

RSA 281-A:15, III, 54, 55, 55-a

Lab 506.05

RSA 281-A:63

Lab 507.01

RSA 281-A:15, III, 31, 53-a

Lab 507.02

RSA 281-A:3-a

Lab 507.03

RSA 281-A: 15, III

Lab 507.04

RSA 281-A:38, 39

Lab 507.04 (b)

RSA:281-A:38 II

Lab 507.05

RSA 281-A:23

Lab 508.01

RSA 281-A:23, 32

Lab 508.02

RSA 281-A:23

Lab 509

RSA 281-A:25

Lab 510.01

RSA 281-A:48

Lab 510.02

RSA 281-A:3-a, 43, 48

Lab 510.03

RSA 281-A:31, 31-a, 48, III; RSA 279

Lab 510.04

RSA 281-A:3-a

Lab 511.01

RSA 281-A:37

Lab 511.02

RSA 281-A:44

Lab 511.03

RSA 281-A:13

Lab 511.01

RSA 281-A:37

Lab 512.01

RSA 281-A:42

Lab 516 – Lab 526

RSA 281-A:25, 68, 69

History

#9287, eff 10-1-08; ss by #11067, eff 4-1-16

Chapter Lab 600 Safety Programs and Joint Loss Management Committees

Part Lab 601 Definitions

N.H. Code Admin. R. Ann. Lab 601.01 Administrative units {#sec-lab-601.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 601.01}

“Administrative units” means those entities regulated pursuant to RSA 194-C.

History

#13149, eff 12-29-20; ss by #13523, eff 1-24-23

N.H. Code Admin. R. Ann. Lab 601.02 Chartered public schools {#sec-lab-601.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 601.02}

“Chartered public schools” means those entities regulated pursuant to RSA 194-B.

History

#13149, eff 12-29-20; ss by #13523, 1-24-23

N.H. Code Admin. R. Ann. Lab 601.03 Employer representative {#sec-lab-601.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 601.03}

"Employer representative" as used in RSA 281-A: 64, III means any individual who serves as the management member of the joint loss management committee and who has the authority delegated by the employer to use the representative’s judgment in the interest of the employer to take the following actions:

(a) Hire;

(b) Transfer;

(d) Lay off;

(e) Recall;

(f) Promote;

(g) Discharge;

(h) Assign;

(i) Reward;

(j) Discipline;

(k) Provide directives to employees; or

(l) Adjust grievances or effectively recommend changes to grievances.

History

(See Revision Note at chapter heading for Lab 600) #5909, eff 10-13-94, EXPIRED: 10-13-00
#8592, eff 3-24-06; ss by #10379, eff 7-18-13; ss by #13149, eff 12-29-20 (from Lab 601.01); ss by #13523, 1-24-23

N.H. Code Admin. R. Ann. Lab 601.04 School districts {#sec-lab-601.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 601.04}

“School districts” means those entities regulated pursuant to RSA 194.

History

#13149, eff 12-29-20; ss by #13523, eff 1-24-23

Part Lab 602 Safety Programs

N.H. Code Admin. R. Ann. Lab 602.01 Program Requirements {#sec-lab-602.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 602.01}

As set forth in RSA 281-A: 64, II, the written safety program shall include the following:

(a) The components required by Lab 603.03(g);

(b) The process of warnings, job suspension, and job termination for violations of the safety rules and regulations set forth in the program;

(d) Provision(s) for medical services, emergency response, first aid, and accident reporting and investigation;

(e) Provision(s) for review of the current written safety program by all employees;

(f) Provision(s) for review and update of the written safety program by an employer representative at least every 2 years; and

(g) Provision(s) for a signature of the above employer representative which shall include the date the program was reviewed and updated.

History

(See Revision Note at chapter heading for Lab 600) #5909, eff 10-13-94, EXPIRED: 10-13-00
#8592, eff 3-24-06; ss by #10379, eff 7-18-13; ss by #13523, eff 1-24-23

N.H. Code Admin. R. Ann. Lab 602.02 Filing Procedures {#sec-lab-602.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 602.02}

Under the authority of RSA 281-A: 64, II, an employer with 15 or more employees shall file a single submission of the summary of the above written safety program with the commissioner of labor by completing and submitting a Safety Summary Form WCSSF 12/07/22.

History

(See Revision Note at chapter heading for Lab 600) #5909, eff 10-13-94; ss by # #6735, eff 4-23-98; ss by #8592, eff 3-24-06; ss by #10379, eff 7-18-13; ss by #11051, eff 3-10-16; ss by #13523, eff 1-24-23

Part Lab 603 Joint Loss Management Committees

N.H. Code Admin. R. Ann. Lab 603.01 Purpose {#sec-lab-603.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 603.01}

To carry out the purpose of RSA 281-A:64, a joint loss management committee is to bring workers and management together in a non-adversarial, cooperative effort to promote safety and health in each workplace. A joint loss management committee assists the employer and makes recommendations for change.

History

(See Revision Note at chapter heading for Lab 600) #5909, eff 10-13-94, EXPIRED: 10-13-00
#8592, eff 3-24-06; ss by #10379, eff 7-18-13; ss by #13523, eff 1-24-23

N.H. Code Admin. R. Ann. Lab 603.02 Establishment of Joint Loss Management Committee {#sec-lab-603.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 603.02}

(a) Pursuant to RSA 281-A: 64, III, all employers of 15 or more employees shall establish a working joint loss management committee composed of equal numbers of employer and employee representatives or more employee representatives as follows:

(1) The size and composition of the joint loss management committee shall be determined as follows:

a. Employers with 15 to 20 employees shall have a minimum of 2 members; and

b. Employers with more than 20 employees shall have a minimum of 4 members;

(2) Employee representatives shall be selected by the employees;

(3) Where the employees are represented by a single, exclusive bargaining representative, the

bargaining representative shall designate the members;

(4) Where the employees are represented by more than one labor organization or where some but not all of the employees are represented by a labor organization, each bargaining unit of represented employees and any residual group of employees not represented shall have a proportionate number of committee members based on the number of employees in each bargaining unit or group; and

(5) Committee members shall be representative of the major work activities and geographical area of the employer.

(b) Committee members shall be trained in workplace hazard identification and accident and incident investigation adequate to carry out the committee's responsibilities.

History

(See Revision Note at chapter heading for Lab 600) #5909, eff 10-13-94, EXPIRED: 10-13-00
#8592, eff 3-24-06; ss by #10379, eff 7-18-13; ss by #13523, eff 1-24-23

N.H. Code Admin. R. Ann. Lab 603.03 Duties and Responsibilities of Joint Loss Management Committee {#sec-lab-603.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 603.03}

To carry out the intent of RSA 281-A:64, the joint loss management committee shall:

(a) Meet at least quarterly to carry out its duties and responsibilities;

(b) Keep minutes of meetings which shall be made available for review by all employees;

(d) Develop and disseminate to all employees a committee policy statement;

(e) Maintain current and disseminate to all employees the clearly established goals and objectives of the committee;

(f) Review workplace accident and injury data to help establish the committee's goals and objectives;

(g) Establish specific safety programs which include, but are not limited to, the following:

(1) Designation, by name and title, of a person who shall be knowledgeable of site-specific safety requirements and be accountable for their implementation and adherence;

(2) Provisions for health and safety inspections at least annually for hazard identification purposes;

(3) Performance of audits at least annually regarding the inspection findings;

(4) Communication of identified hazards, with recommended control measures, to the person(s) most able to implement controls;

(5) Where the employer is a public school district, administrative unit, or chartered public school, a prevention and amendment plan pursuant to (6) below for the purpose of reducing violent acts and injuries caused by students against employees, volunteers, and visitors;

(6) The student violence prevention and management plan shall include the following information:

a. Training, education, investigation, and prevention protocols for all staff in the area of reducing violent acts and injuries caused by students; and

b. Designation, by name and title, of a person who shall coordinate the training, investigation, and adherence of the implemented program to reduce violent acts and injuries caused by students;

(h) Assist with the identification of necessary safety and health training for employees; and

(i) Assist with the identification and definition of temporary, alternate tasks.

History

(See Revision Note at chapter heading for Lab 600) #5909, eff 10-13-94, EXPIRED: 10-13-00
#8592, eff 3-24-06; ss by #10379, eff 7-18-13; ss by #13149, eff 12-29-20; ss by #13523, eff 1-24-23

N.H. Code Admin. R. Ann. Lab 603.04 Duties and Responsibilities of the Employer {#sec-lab-603.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 603.04}

To carry out the intent of RSA 281-A:64, the employer shall:

(a) Respond in writing to recommendations made by the committee, or make a verbal response that is recorded in the committee's official minutes;

(b) Pay any employee who participates in committee activities in the employee’s role as a committee member, including, but not limited to, attending meetings, training activities, and inspections, at the employee’s regular rate of pay for all time spent on such activities; and

(c) Provide for the required and necessary safety and health training for employees, at no cost and without any loss of pay so they can perform their work in a safe and healthy manner and environment.

APPENDIX

RULE

STATUTE

Lab 601

RSA 281-A: 64

Lab 601.02

RSA 281-A: 64, II & III

Lab 601.03

RSA 281-A: 64

Lab 601.04

RSA 281-A: 64, II & III

Lab 602

RSA 281-A: 64

Lab 602.01

RSA 281-A: 64, II

Lab 602.02

RSA 281-A: 64, II

Lab 603

RSA 281-A: 64

Lab 603.01

RSA 281-A: 64

Lab 603.02

RSA 281-A: 64, III

Lab 603.03

RSA 281-A: 64, III

Lab 603.04

RSA 281-A: 64, III

History

(See Revision Note at chapter heading for Lab 600) #5909, eff 10-13-94, EXPIRED: 10-13-00
#8592, eff 3-24-06; ss by #10379, eff 7-18-13; ss by #13523, eff 1-24-23

Chapter Lab 700 Managed Care Programs in Workers’ Compensation

Part Lab 701 Purpose and Applicability

N.H. Code Admin. R. Ann. Lab 701.01 Purpose {#sec-lab-701.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 701.01}

This chapter sets forth the rules which govern the implementation of RSA 281-A:23-a pertaining to the approval and use of managed care programs in workers' compensation.

History

. #5788, eff 2-17-94, EXPIRED: 2-17-00
#7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00
#7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16

N.H. Code Admin. R. Ann. Lab 701.02 Applicability {#sec-lab-701.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 701.02}

These rules shall apply to all managed care programs upon adoption.

History

. #5788, eff 2-17-94, EXPIRED: 2-17-00
#7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00
#7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16

Part Lab 702 Definitions

N.H. Code Admin. R. Ann. Lab 702.01 Healthcare provider {#sec-lab-702.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 702.01}

“Healthcare provider” means a hospital, physician or medical specialist offering services within the managed care system.

History

. #5788, eff 2-17-94; amd by #7143, eff 11-24-99; amd by #7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00
#7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16

N.H. Code Admin. R. Ann. Lab 702.02 Independent medical examination {#sec-lab-702.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 702.02}

“Independent medical examination” means a medical examination conducted by a qualified healthcare provider at the request of either the injured employee or insurance carrier solely for the purpose of determining compensability, degree of disability or degree of impairment arising from the injury.

History

. #5788, eff 2-17-94, EXPIRED: 2-17-00
#7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00
#7338, eff 8-2-00; ss and moved by #9217, eff 8-1-08 (from Lab 702.02); ss by #12013, eff 10-25-16 (from Lab 702.03)

N.H. Code Admin. R. Ann. Lab 702.03 Injury management facilitator {#sec-lab-702.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 702.03}

“Injury management facilitator” means an individual employed by, or contracted as a worker for payment by, a managed care organization, and approved by the department of labor and workers' compensation advisory council using criteria specified in Lab 703.01(m) to provide case management services to injured workers receiving services within a workers' compensation managed care system.

History

. #5788, eff 2-17-94, EXPIRED: 2-17-00
#7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00
#7338, eff 8-2-00; ss and moved by #9217, eff 8-1-08 (from Lab 702.03); ss by #10038, eff 12-1-11; ss by #12013, eff 10-25-16 (from Lab 702.04)

N.H. Code Admin. R. Ann. Lab 702.04 Managed care organization {#sec-lab-702.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 702.04}

“Managed care organization” means an organization which coordinates medical services for workers' compensation cases in accordance with RSA 281-A:23-a.

History

. #7338, eff 8-2-00; ss and moved by #9217, eff 8-1-08 (from Lab 702.04); ss by #12013, eff 10-25-16 (from Lab 702.05)

N.H. Code Admin. R. Ann. Lab 702.05 Network {#sec-lab-702.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 702.05}

“Network” means a system of healthcare providers, contracted by a managed care organization, to render services, as needed, to workers' compensation injured employees unless a different definition is specified.

History

. #7338, eff 8-2-00; ss and moved by #9217, eff 8-1-08 (from Lab 702.05); ss by #12013, eff 10-25-16 (from Lab 702.06)

N.H. Code Admin. R. Ann. Lab 702.06 Protocol {#sec-lab-702.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 702.06}

“Protocol” means the medical guidelines established by a managed care organization to which a healthcare provider, wishing to provide services within a managed care program, agrees to comply.

History

. #7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16 (from Lab 702.07)

N.H. Code Admin. R. Ann. Lab 702.07 Second opinion {#sec-lab-702.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 702.07}

“Second opinion” means a medical examination conducted by a qualified healthcare provider at the request of an injured employee within a managed care network solely for the purpose of determining or confirming a diagnosis or the proper course or treatment for the injuries.

History

. #7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16 (from Lab 702.08)

N.H. Code Admin. R. Ann. Lab 702.08 Workers {#sec-lab-702.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 702.08}

“Workers' compensation advisory council” means the council established in accordance with RSA 281-A:62.

History

. #7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16 (from Lab 702.09)

Part Lab 703 Managed Care Program Criteria and Approval Process

N.H. Code Admin. R. Ann. Lab 703.01 Necessary Components {#sec-lab-703.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 703.01}

(a) No managed care program in workers' compensation shall be offered or used in this state unless the commissioner finds that the program meets the requirements of (b)-(p) below.

(b) The network of health care providers shall be sufficiently comprehensive with respect to both geography and medical specialties.

(c) A network shall be deemed comprehensive if it includes 2 or more vocational rehabilitation providers, for injuries covered by the program.

(d) A network of health care providers shall be sufficiently comprehensive with respect to geography and medical specializations when the commissioner finds that it offers a covered employee in each county a choice of 2 or more of each of the following health care providers:

(1) Chiropractic services;

(2) Family practice or occupational medicine physicians or internal medicine physicians;

(3) Neurologists;

(4) Neurosurgeons;

(5) Ophthalmologists;

(6) Occupational therapists:

(7) Physical therapists;

(8) Orthopedic surgeons;

(9) Physiatrist or rehabilitation medicine physicians; and

(10) Spine surgeons.

(e) In cases where 2 or more of such choices are not available in each county covered by the proposed network, the program shall be considered comprehensive if it allows access to such medical services in an adjacent county.

(f) The program may include additional healthcare providers and medical services other than those listed in part (d) above, provided the injured employee has a choice of at least 2 such providers within the radius of 25 miles from the injured employee’s residence. An injured employee shall be required to use as part of the network only those health care providers.

(g) The program shall provide for treatment and remedial services, nursing, medicines and mechanical and surgical aids outside of the network under the following circumstances:

(1) If the necessary services or aids are not available to the employee within the network, or if emergency circumstances prohibit use of the network;

(2) When transfer of care outside the network is recommended by an in-network provider, the reasonableness of future treatment shall be determined by reviewing the physician's recommendations and the network's availability to assist the employee in obtaining the needed services and aids within the network;

(3) If emergency circumstances in which treatment or aids required to protect the health of an injured employee are required to be applied or administered immediately and without opportunity to notify the person or persons designated for such notification by the program or to follow the directive of such person or persons if such notification occurred;

(4) If an injured employee has been treated by a provider who is not a member of the network to treat a recurrence or aggravation of an injury treated by such provider within the prior 6 months, as long as such provider complies with all the terms, conditions, protocols, referral procedures, and levels of reimbursement established by the network; or

(5) If unique circumstances based upon an individual case are sent in writing to the commissioner showing that the requested services or aids were not available within the network the commissioner shall investigate the circumstances and the network's resources to determine if it is necessary to seek out of network services and shall advise the parties of the decision.

(h) The program shall include a process for determining professional qualifications of health care providers in the network. Internal credentialing procedures shall be sufficient, as long as the data utilized in the process of credentialing shall be in enough detail to enable the commissioner to verify the validity of the process.

(i) The program shall provide for acceptable quality assurance measures. Acceptable quality assurance measures means regularly utilized procedures to assure that medical providers shall be continually qualified by training and experience to administer the treatment or aids offered to covered employees. Additionally, following such treatment and aids, medical records shall be retained and available for inspection. These measures shall include the use of a quality assurance committee which regularly inspects such evidence or records and the quality of care being delivered by the program.

(j) The program shall include both in-patient and out-patient case management, medical, vocational and rehabilitation case management that includes prospective and concurrent review, discharge planning, work-hardening and return to work programs. The program shall include a sufficient number of injury management facilitators who shall be qualified by reason of education, experience and training to manage an injured employee's medical care by interacting with the employee, treating physician, other healthcare providers and the employer to facilitate the expeditious intervention of medical treatment and an early return to work.

(k) Each managed care organization shall have a sufficient number of injury management facilitators. This number shall include at least one resident injury management facilitator with a business office in New Hampshire.

(l) In determining what constitutes a sufficient number of injury management facilitators, the following shall be used to determine compliance:

(1) The number of employers subscribing to the program:

(2) The approximate number of employees covered by the program; and

(3) The average number of cases referred to each injury management facilitator annually.

(m) At least one in every 5 injury management facilitators shall be a resident injury management facilitator with a business office in New Hampshire.

(n) Injury management facilitators employed or contracted by the managed care organization shall be qualified, with such qualification valid for only 5 years and subject to requalification an unlimited number of times, in one or more of the following ways:

(1) By holding a license as a registered nurse issued by the New Hampshire board of nursing and having at least one year of experience in the medical management of workers' compensation claims in New Hampshire or in lieu of experience has completed a training program offered by the department;

(2) By holding a designation as a certified case manager issued by The Commission on Case Manager Certification, and having at least one year of experience in the medical management of workers' compensations claims in New Hampshire or in lieu of the experience has completed a training program offered by the department;

(3) By holding a designation as a certified rehabilitation counselor issued by The Commission on Rehabilitation Counselor Certification, and having at least one year of experience in the medical management of workers' compensation claims in New Hampshire or in lieu of the experience has completed a training program offered by the department; or

(4) By holding a designation as a certified disability management specialist issued by The Commission on Disability Management Specialists, and having at least one year of experience in the medical management of workers' compensation claims in New Hampshire or in lieu of the experience has completed a training program offered by the department.

(o) The program shall provide an employee with access to a second medical opinion, inside or outside the program, regarding diagnosis or the proper course of treatment, and adequate methods for resolving conflicting medical opinions. Access to a second medical opinion shall be warranted when following an examination and diagnosis by a medical provider, the employee remains uncertain about the nature of the injury or the proper course of treatment necessary to cure or alleviate it.

(p) The program shall provide a method for prompt and impartial resolution of questions or disagreements between a healthcare provider and the managed care organization.

History

. #5788, eff 2-17-94, EXPIRED: 2-17-00
#7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00
#7338, eff 8-2-00; ss by #9217, eff 8-1-08; amd by #10038, eff 12-1-11; ss by#12013, eff 10-25-16

N.H. Code Admin. R. Ann. Lab 703.02 Filing {#sec-lab-703.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 703.02}

(a) A proponent of a managed care program in workers' compensation shall file a complete description of the program with the commissioner, who shall review the filing for compliance with the provisions of RSA 281-A:23-a and Lab 703.01.

(b) The filing shall include all information deemed by the proponent to be relevant to a determination of compliance hereunder, including as a minimum the following:

(1) The name and business address of all health care providers included in the network as required in Lab 703.01(d);

(2) A description of the program's procedure establishing compliance with Lab 703.01(g);

(3) A description of the program's treatment protocols;

(4) A description of the program's in-patient and out-patient case management programs establishing compliance with Lab 703.01(j);

(5) A description of the program's procedures establishing compliance with Lab 703.01(o);

(6) Sample employee information material establishing compliance with Lab 704.02(a)(1); and

(7) Any further information requested by the commissioner in order to determine whether the proposed managed care program complies with the provisions of RSA 281-A:23-a and this chapter.

(c) The format of filing shall include a printed spreadsheet of healthcare providers in the network with columns for county, specialty and provider, and an alphabetical listing at the end with all the providers for each county.

(d) The geographic area for which the proponent seeks approval of the managed care program shall be the entire state of New Hampshire.

History

. #5788, eff 2-17-94, EXPIRED: 2-17-00
#7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00
#7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16

N.H. Code Admin. R. Ann. Lab 703.03 Commissioner Approval Process {#sec-lab-703.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 703.03}

(a) After a review of the managed care program, if the commissioner determines a program filed under Lab 703.02 is in compliance, the commissioner shall approve it and provide written notice of such approval to the proponent.

(b) Any program filed under Lab 703.02 shall be deemed approved by the commissioner, unless within 45 days after its filing, the commissioner makes a preliminary determination of noncompliance, specifying in writing the reasons why the program does not comply with RSA 281-A:23-a and Lab 703.01.

(c) If the commissioner determines that the managed care program does not meet the criteria set forth in RSA 281-A:23-a and Lab 703.01, the commissioner shall advise the applicant in writing and specify which criteria have not been met.

(d) The proponent of such program shall have the right to a hearing before the commissioner or the commissioner's authorized representative to contest the preliminary determination.

(e) Upon a preliminary determination approving the program by the commissioner, the proponent shall provide a copy of the program to each member of the advisory council no later than 14 days prior to the next regularly scheduled meeting at which the program is to be acted upon.

History

. #5788, eff 2-17-94, EXPIRED: 2-17-00
#7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00
#7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16

N.H. Code Admin. R. Ann. Lab 703.04 Advisory Council Process {#sec-lab-703.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 703.04}

(a) A managed care program approved or deemed approved by the commissioner under Lab 703.03 shall be submitted to the advisory council.

(b) Upon receipt of the program, the council shall take the following action:

(1) Consider the ratification of the program at its next regularly scheduled meeting no fewer than 19 days following the commissioner's approval;

(2) Either approve the program or specify its reasons why the program does not meet the requirements of RSA 281-A:23-a and Lab 703.01 in writing; and

(3) Provide the program proponents with the opportunity for a hearing before the council to appeal the non-ratification.

History

. #7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16

N.H. Code Admin. R. Ann. Lab 703.05 Duration of Approval and Review {#sec-lab-703.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 703.05}

(a) Upon its first approval, a managed care organization’s approval shall expire 3 years after initial approval.

(b) Upon each subsequent review and re-approval, a managed care organization’s approval shall expire 5 years after re-approval.

(c) A managed care organization that seeks re-approval shall submit a full filing, as required by Lab 703.02, 6 months prior to the expiration of its approval.

History

. #9217, eff 8-1-08; ss by #12013, eff 10-25-16

Part Lab 704 Rights and Responsibilities of the Parties Under Managed Care

N.H. Code Admin. R. Ann. Lab 704.01 Employers {#sec-lab-704.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 704.01}

(a) An employer selecting the managed care option to fulfill its obligations under RSA 281-A:23 shall:

(1) Inform all employees that it is participating in a managed care program;

(2) Provide each employee with necessary information in writing on how to access the network when he or she suffers a work related injury or illness;

(3) For all non-first aid claims, as defined in Lab 502.10, notify the insurer, third party administrator, managed care organization, and department of labor of all injuries to employees; and

(4) Cooperate with the insurer and managed care organization in providing temporary alternative duty programs and reinstatement of injured employees in accordance with Lab 504.04 and 504.05.

History

. #5788, eff 2-17-94, EXPIRED: 2-17-00
#7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00
#7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16

N.H. Code Admin. R. Ann. Lab 704.02 Managed Care Organization {#sec-lab-704.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 704.02}

(a) Any person or organization providing managed care services for workers' compensation injuries shall:

(1) Provide the employer with information for distribution to its employees on how to access the network;

(2) Promptly respond to all employee inquiries on how and where to obtain treatment within the network; and

(3) Assign an injury management facilitator to the injured employee's case and advise the injured employee or the employee's representative of the name of the facilitator and the method to be used to contact the facilitator for assistance.

(b) The injury management facilitator shall:

(1) Act as the case manager for the injured employee;

(2) Upon request furnish a complete list of the healthcare providers in the network from which the employee may choose a health care professional;

(3) Upon request of the injured employee, furnish a copy of the protocols established by the managed care organization;

(4) Coordinate among the injured employee, health care professionals and insurer to provide the employee with timely, effective and appropriate health care services in order to achieve maximum medical improvement and an expeditious return to work; and

(5) Advise the injured employee of the conditions under which the injured employee may treat outside the network.

(c) Neither a managed care organization nor an injury management facilitator shall perform the duties or functions of an insurance adjuster including, but not limited to determining the causal relation between the injury and employment, and determining entitlement to indemnity or impairment benefits.

(d) Nothing contained in (c) above shall be used to prohibit the managed care organization or injury management facilitator from obtaining any information necessary to the management of the injured employee's treatment and progress to return to work, nor shall any provision in (c) above be construed to relieve any party of the requirements of Lab 503.01 relating to disclosure.

(e) A managed care organization shall file with the commissioner:

(1) A report every 6 months indicating whether there were any additions or deletions of employers for whom the organization is rendering managed care services, and if so, what those changes were;

(2) A report every 6 months indicating whether there were any additions or deletions to its health care provider network, and if so, what those changes were; and

(3) A report whenever there is a substantial change in the managed care organization or health care provider network originally approved by the commissioner, or if there is a loss of a necessary component identified in Lab 703.01.

(f) A managed care organization shall be subject to monitoring by the commissioner under RSA 281-A:23-a,VI(a), for purposes of determining the program’s continued compliance with the standards for approval and delivery of service.

(g) A managed care organization whose approval is terminated for any reason shall notify all its client employers by mail within one week of such termination and shall send a copy to the department of labor.

(h) The notice shall include the following words in a conspicuous location:

“The required New Hampshire approval for this managed care organization has been terminated. Therefore, you should inform your employees that an injured worker is no longer required to get treatment only within the network for workers’ compensation injuries. Instead, the injured worker shall have the right to select his or her own healthcare provider.”

History

. #5788, eff 2-17-94, EXPIRED: 2-17-00
#7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00
#7338, eff 8-2-00; ss by #9217, eff 8-1-08; amd by #10038, eff 12-1-11; ss by #12013, eff 10-25-16

N.H. Code Admin. R. Ann. Lab 704.03 Employees {#sec-lab-704.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 704.03}

(a) For purposes of Lab 704.03, concerning the injured employee’s obligation to accept treatment within the network and right to treatment outside the network, ”network” means only those healthcare providers listed in Lab 703.01(d) and Lab703.01(f), as originally approved by the commissioner and ratified by the advisory council or as changed through reports submitted under Lab704.02(e).

(b) An employee who receives medical, hospital or remedial care under a workers' compensation managed care program shall:

(1) Have the right to choose a physician or other health care provider from the network, and to make one change of physician or health care provider within the network at each level of treatment;

(2) Have the right to privacy during examinations conducted by a health care provider;

(3) Have the right to obtain a copy of the protocols established by the managed care organization;

(4) Have the right to treatment outside the network in accordance with the provisions of Lab 703.01(g);

(5) Have the right to request a second opinion relative to diagnosis or course of treatment in accordance with Lab 703.01(o);

(6) Have the right to request an independent medical opinion in accordance with Lab 705.01;

(7) Have the right to subsequent independent medical opinions, as provided in RSA 281-A:38-a;

(8) Have the obligation to accept treatment within the healthcare provider network, if the services are provided therein as described in Lab 703.01(d) and (f); and

(9) Have the obligation to cooperate with the managed care organization, insurer and employer with respect to temporary alternative duty assignments and reinstatement to employment as provided in Lab 504.04 and Lab 504.05.

History

. #5788, eff 2-17-94, EXPIRED: 2-17-00
#7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00
#7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16

N.H. Code Admin. R. Ann. Lab 704.04 Carriers, Self-Insurers and their Representatives {#sec-lab-704.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 704.04}

(a) The carrier or self-insurer providing benefits under RSA 281-A shall have the responsibility to:

(1) Determine the causal relationship between the injury and the employee's employment;

(2) Review and authorize or deny payment of all related medical expenses within 30 days of its receipt of the billing;

(3) Issue any denials for treatment or benefits presented as associated with the employee's injuries;

(4) Request and schedule any independent medical examinations in accordance with Lab 506.01(g);

(5) Pay for an independent medical examination allowed to the injured employee under the provisions or RSA 281-A:38-a, and Lab 705.03; and

(6) Pay only for charges for care rendered by the health care providers within the network approved by the commissioner, except for treatment outside the network specifically authorized or directed by RSA 281-A:23-a, I(b), or by these rules.

(b) Any carrier, or self-insured employer or employer group, or third party administrator that provided or paid or gave direction and guidance to injury management facilitators who worked with their injured workers prior to July 1, 2011, may continue to operate in that manner. Such injury management facilitators shall be certified in accordance with Lab 703.01(n).

History

. #5788, eff 2-17-94, EXPIRED: 2-17-00
#7212, INTERIM, eff 3-2-00, EXPIRED: 6-30-00
#7338, eff 8-2-00; ss by #9217, eff 8-1-08; amd by #10038, eff 12-1-11; ss by #12013, eff 10-25-16

Part Lab 705 Procedure to Request an Independent Medical Examination

N.H. Code Admin. R. Ann. Lab 705.01 First Request to be Granted {#sec-lab-705.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 705.01}

If an injured employee who is covered by a managed care program is dissatisfied with a determination made by the program relating to compensability, degree of disability or degree of impairment arising from an injury, the injured employee may apply to the commissioner for authorization to obtain an independent examination and report thereof by a health care provider of the injured employee's choice. The commissioner shall grant one such authorization as a matter of course.

History

. #7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16

N.H. Code Admin. R. Ann. Lab 705.02 Subsequent Requests {#sec-lab-705.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 705.02}

Authorization for additional independent examination regarding the same injury shall be granted only if the commissioner finds that circumstances exist which cast reasonable doubt on the accuracy of the report of the first independent examination based upon the circumstances of the particular case and any written material which contradicts the first independent exam or the circumstances surrounding that exam.

History

. #7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16

N.H. Code Admin. R. Ann. Lab 705.03 Payment for Provider's Services {#sec-lab-705.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 705.03}

The health care provider conducting an independent examination authorized by the commissioner in Lab 705.01 shall be paid by the employer or the employer's insurance carrier. Nothing in this section shall be construed to prevent an injured employee from obtaining an examination by a health care provider of the injured employee's choice at the employee's expense.

History

. #7338, eff 8-2-00; ss by #9217, eff 8-1-08; ss by #12013, eff 10-25-16

Part Lab 706 rESERVED

N.H. Code Admin. R. Ann. Lab 706.01 Reserved {#sec-lab-706.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 706.01}

Appendix

Rule

Specific State Statute which the Rule Implements

Lab 701

RSA 281-A:23-a

Lab 702

RSA 281-A:23-a

Lab 703

RSA 281-A:38-a

Lab 704

RSA 281-A:23-a

Lab 705

RSA 281-A:38-a

History

. #7338, eff 8-2-00; ss by #9217, eff 8-1-08; rpld by #12013, eff 10-25-16

Chapter Lab 800 Payment of Wages and Requirements of Employers

Part Lab 801 Purpose

N.H. Code Admin. R. Ann. Lab 801.01 Purpose {#sec-lab-801.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 801.01}

The purpose of these rules is to set forth procedures for carrying out the provisions of RSA 275 and RSA 279 as amended, and to allow the department to carry out its duties in such manner that employers who are subject to the statutes will be sufficiently informed of its provisions.

History

#2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
#5491, eff 10-20-92, EXPIRED: 10-20-98
#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

Part Lab 802 Definitions

N.H. Code Admin. R. Ann. Lab 802.01 Amusement establishment {#sec-lab-802.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.01}

"Amusement establishment" as used in RSA 279:21, VIII (a) means a facility that provides entertainment or recreation as its primary function. The term includes "recreational establishment."

History

#2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
#5491, eff 10-20-92, EXPIRED: 10-20-98
#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 802.02 Any one week {#sec-lab-802.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.02}

"Any one week" as used in RSA 279:21, VIII, means a workweek for non-salaried employees that is established by the employer which consists of:

(a) A fixed period of 168 hours, 7 consecutive 24 hour periods;

(b) A period which commences and ends on a specific day of the week and hour of the day; and

History

#2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
#5491, eff 10-20-92, EXPIRED: 10-20-98
#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 802.03 Department {#sec-lab-802.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.03}

"Department" means the New Hampshire department of labor.

History

#2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
#5491, eff 10-20-92, EXPIRED: 10-20-98
#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 802.04 Domestic labor {#sec-lab-802.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.04}

"Domestic labor" as used in RSA 279:21, I and RSA 275:42, I means:

(a) Work performed in the private residence of the employer where employees are not employed by an employer or agency other than the family or household using their services, which includes but is not limited to, care givers or companions for babies, children or persons who are not physically or mentally infirm or the aged, as well as housekeeping, gardening, and handy person work; or,

(b) Live-in companionship services which provide fellowship, care, and protection for a person who, because of advanced age or physical or mental infirmity, cannot care for his or her own needs, regardless of whether the live-in companion is employed by an employer or agency other than the person using such services, subject to the following limitations:

(1) The services include household work such as meal preparation, bed making, washing of clothes, and other similar services incidental to companionship, provided that general household work does not exceed 20 percent of the total weekly hours worked; and

(2) The services do not include those relating to the care and protection of the aged or infirm that are normally performed by specially trained personnel, such as but not limited to registered or licensed nurses.

History

#5491, eff 10-20-92, EXPIRED: 10-20-98
#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16 (from Lab 802.05)

N.H. Code Admin. R. Ann. Lab 802.05 Establishment {#sec-lab-802.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.05}

"Establishment" as used in RSA 279:21, VIII (a) and these rules means a distinct business entity characterized by a unique federal employer identification number and corporate or trade-name registration with the NH secretary of state.

History

#5491, eff 10-20-92, EXPIRED: 10-20-98
#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16 (from Lab 802.06)

N.H. Code Admin. R. Ann. Lab 802.06 Farm labor {#sec-lab-802.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.06}

"Farm labor" as used in RSA 279:21, I and RSA 275:42, I means all work performed in agriculture including cultivation and tillage of the soil, dairying, growing and harvesting of any agriculture or

horticultural commodities, the raising of livestock, bees, fur bearing animals or poultry and any practices performed by a farmer on a farm. "Farm labor" does not include the retailing of goods other than the products produced by the farm.

History

#5491, eff 10-20-92, EXPIRED: 10-20-98
#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16; ss by #11070, eff 4-11-16 (from Lab 802.07)

N.H. Code Admin. R. Ann. Lab 802.07 Outside sales people {#sec-lab-802.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.07}

"Outside sales people" as used in RSA 279:21, I means employees who make sales or obtain orders or contracts for services, are customarily and regularly engaged away from his or her place of business, and whose time is not scheduled by the employer.

History

#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16 (from Lab 802.08)

N.H. Code Admin. R. Ann. Lab 802.08 Personnel file {#sec-lab-802.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.08}

"Personnel file" as used in RSA 275:56 means any personnel records created and maintained by an employer and pertaining to an employee including and not limited to employment applications, internal evaluations, disciplinary documentation, payroll records, injury reports and performance assessments, whether maintained in one or more locations, unless such records are exempt from disclosure under RSA 275:56, III or are otherwise privileged or confidential by law. The term does not include recommendations, peer evaluations, or notes not generated or created by the employer.

History

#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16 (from Lab 802.09)

N.H. Code Admin. R. Ann. Lab 802.09 Restaurant {#sec-lab-802.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.09}

"Restaurant" as used in RSA 279:21, means an establishment in a temporary or permanent building, kept, used, maintained, advertised and held out to the public to be a place where meals are regularly prepared or served for which a charge is made and where seating and table service is available for customers or where delivery services are available. The term does not include establishments whose “primary function” is not to prepare and serve food.

History

#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #10039, eff 1-1-12; ss by #11070, eff 4-11-16 (from Lab 802.10)

N.H. Code Admin. R. Ann. Lab 802.10 Seasonal establishment {#sec-lab-802.10 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.10}

"Seasonal establishment" as used in RSA 279:21, VIII (a) means an establishment whose business function can and does occur only during specifically identifiable times of the year as dictated by weather conditions, temperature, dependence on recreational and amusement activities, and major holidays, and which does not operate all year round.

History

#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 802.10); ss by #10039, eff 1-1-12; ss by #11070, eff 4-11-16 (from Lab 802.11)

N.H. Code Admin. R. Ann. Lab 802.11 State {#sec-lab-802.11 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.11}

"State" means the state of New Hampshire.

History

#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 802.11); ss by #11070, eff 4-11-16 (from Lab 802.12)

N.H. Code Admin. R. Ann. Lab 802.12 Statute {#sec-lab-802.12 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.12}

"Statute" means the Protective Legislation Law, RSA 275, as amended and the Minimum Wage Law, RSA 279, as amended.

History

#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 802.12); ss by #11070, eff 4-11-16 (from Lab 802.13)

N.H. Code Admin. R. Ann. Lab 802.13 Tipped employees {#sec-lab-802.13 omnilex-key=us-nh-regs-official--agency-lab--Lab 802.13}

“Tipped employees” as used in RSA 279:21 includes employees who deliver meals prepared in a restaurant to the customer’s home, office, or other location.

History

#10039, eff 1-1-12; ss by #11070, eff 4-11-16 (from Lab 802.14)

Part Lab 803 Responsibilities of Employers and Their Representatives

N.H. Code Admin. R. Ann. Lab 803.01 Payment of Wages {#sec-lab-803.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 803.01}

(a) Pursuant to RSA 275:43, I and II, every employer shall pay all wages due to his or her employees, after the expiration of the workweek on regular paydays designated in advance. Biweekly payments of wages shall meet the requirement provided the first payment of wages is made within 8 days, including Sunday, after expiration of the weeks in which the work is performed on a biweekly basis with designated paydays falling every 14 days thereafter.

(b) Every employer who requests permission to pay less frequently than required by RSA 275:43, I, shall supply the department with the following:

(1) Method of payment;

(2) Whether the employer wishes to pay semi-monthly or monthly;

(3) When each pay period begins and when each pay period ends;

(4) Designated payday;

(5) Classification of employees;

(6) The salary range of the employees involved; and

(7) The employer’s federal identification number.

(c) Permission shall be granted pursuant to RSA 275:43, IV on a case by case basis provided the following terms and conditions are met:

(1) The information supplied pursuant to Lab 803.01(b), above, is complete;

(2) The designated payday is on a regular schedule which is no less frequent than monthly;

(3) The employer has no history of wage and hour violations; and

(4) The employees of the employer making such request will not endure financial hardship by a decrease in pay frequency.

(d) If permission is granted pursuant to Lab 803.01(c) above, the permission shall be valid for an indefinite period of time, provided that:

(1) No complaints are received from the employees involved;

(2) Payroll is regularly satisfied on the designated payday;

(3) The information provided pursuant to Lab 803.01(b) does not change; and

(4) The employer remains in compliance with all New Hampshire labor laws.

(e) Pursuant to RSA 275:44, I and II, every employer who discharges an employee shall pay all wages owed within 72 hours either by physically giving payment to the employee or by mailing the payment to the employee, at the discretion of the employee. The employer shall pay in full the wages of an employee who quits no later than the next regular payday, except when he or she will not permit the employee to work the period of notice, in which event he or she shall make payment within 72 hours.

(f) Every employer shall pay without condition and within the time set forth in Lab 803.01 (a), and (e) all wages or parts thereof conceded by him or her to be due.

(g) In determining what wages are owed and in making payment thereof, the employer shall:

(1) Pay wages based upon required records of hours worked per RSA 279:27 and RSA 275:49, VI, and in accordance with written or verbal agreements between the parties per RSA 275:49, I-III; and

(2) Require no release as a condition of payment per RSA 275:50, although a receipt may be requested.

History

#2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
#5491, eff 10-20-92, EXPIRED: 10-20-98
#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.02); ss by #11070, eff 4-11-16; ss by #13000, eff 3-5-20

N.H. Code Admin. R. Ann. Lab 803.02 Prohibitions {#sec-lab-803.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 803.02}

(a) No employer shall pay a salaried employee compensation in an amount, that when compared to the hours of any workweek, falls below the minimum wage per RSA 279:21.

(b) Pursuant to RSA 275:48, I, no employer shall require an employee or applicant for employment to pay for the cost of a medical examination, non-required drug or alcohol testing, records required by the employer, or any item required by and for the benefit of the employer, as a condition of employment. This shall not include examinations, permits or licenses required by state or federal law.

(c) No employer shall reduce a salaried employee's pay during any pay period in accordance with RSA 275:43-b, I (e) if the salaried employee notifies the employer of an absence on any day due to illness.

(d) No employer shall prorate a salary to a daily basis in accordance with RSA 275:43-b, I, (b) and the Fair Labor Standards Act for a disciplinary suspension unless the action is a direct result of a safety violation made by such employee as required in 29 U.S.C. sec. 201 et seq. of the Fair Labor Standards Act.

(e) Pursuant to RSA 275:48, no employer shall require employees to wear uniforms as defined in RSA 275:48 V (b) unless the employer provides each employee with uniforms at no cost whatsoever to the employee.

(f) Pursuant to RSA 279: 26-b and RSA 275:48, no employer shall withhold, divert, or make use of tips for any purpose not specifically allowed by RSA 275:48 I.

(g) No employer shall pay a tipped employee, as described in RSA 279:21, who is not engaged in duties that regularly and customarily generate tips directly from the customer, a base rate of less than the applicable minimum wage. This prohibition shall not apply to duties that are incidental to the regular duties of the tipped employee and generally assigned to the tipped employees.

History

#2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
#5491, eff 10-20-92, EXPIRED: 10-20-98
#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.03); ss by #11070, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 803.03 Notification and Records {#sec-lab-803.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 803.03}

(a) Every employer shall at the time of hiring and prior to any changes notify his or her employees in writing as to the rate of pay or salary, whether by daily, weekly, biweekly, semi-monthly, or yearly, or by commissions, as well as the day and place of payment and the specific methods used to determine wages due pursuant to RSA 275: 49.

(b) Every employer shall provide his or her employees with a written or posted detailed description of employment practices and policies as they pertain to paid vacations, holidays, sick leave, bonuses, severance pay, personal days, payment of the employee’s expenses, pension, and all other fringe benefits per RSA 275: 49.

(c) Pursuant to RSA 275:49, every employer shall inform his or her employees in writing of any change to such employees rate of pay, salary, or employment practices or policies as referred to in Lab 803.03 (a) and (b) prior to the effective date of such change.

(d) Pursuant to RSA 275:49, any vacation pay, holiday pay, sick pay, bonus pay, personal day pay, employee expenses, and all other fringe benefits earned, accrued, or vested prior to any change shall not lapse due to the change.

(e) Pursuant to RSA 275:49, IV, every employer shall make available to his or her employees in a written statement information regarding the deductions allowed in RSA 275:48.

(f) Pursuant to RSA 279:27 and RSA 275:49, VI, relative to record keeping requirements, every employer shall:

(1) Record payroll information so that time records, showing the time work began and ended including any bonafide meal periods, shall support individual pay sheets and that payroll sheets, in turn, shall support canceled checks or cash receipts;

(2) Require that time records with entries that are altered shall be signed or initialed by the employee whose record was altered;

(3) Not make use of automated time keeping devices or software programs that can be altered by an employer without the knowledge of the employee, or that do not clearly indicate that a change was made to the record;

(4) Make such good records as shall show the exact basis of remuneration of an employee's compensation;

(5) Make any such records available if requested, to show other than an employer-employee relationship; and

(6) Maintain on file a signed copy of the written notifications, signed by the employee and provided to each employee as required by Lab 803.03 (a), (b), and (c) above.

(g) Pursuant to RSA 279:27 and RSA 275:49, VI, every employer shall keep a record of hours worked by all of its employees except for employees who are exempt under 29 U.S.C. section 213 (a) of the Fair Labor Standards Act. Said records shall be preserved and stored for a period of no less than 3 years.

(h) RSA 275:43-a shall not apply to employees who report to work and then request to leave on the basis of illness, personal or family emergency provided that a written explanation, initialed by the employee is entered on the employee's time slip or card.

(i) RSA 275:43-a shall not apply to employees who are hired for positions with duties that consistently require that they will work less than 2 hours per work day and report to work with the understanding that they will work less than 2 hours per work day, provided that the employees are notified in writing, upon hire.

(j) RSA 275:43-a shall not apply to health care employees of community-based outreach services providers who voluntarily make schedule changes to meet the needs of the physically or mentally infirm clients they serve and who sign a statement upon hire stating that they understand this job requirement.

History

#2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
#5491, eff 10-20-92, EXPIRED: 10-20-98
#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.04); ss by #11070, eff 4-11-16; ss by #13000, eff 3-5-20

N.H. Code Admin. R. Ann. Lab 803.04 Hours Worked {#sec-lab-803.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 803.04}

For the purpose of determining "all wages due" for hours worked in accordance with RSA 275:43, I, the department of labor, under the authority provided by RSA 275:54, incorporates the "Wage and Hour Publication 1312, Title 29 Part 785 of the Code of Federal Regulations, United States Department of Labor ", reprinted May 2011 as specified in Appendix II.

History

#5491, eff 10-20-92, EXPIRED: 10-20-98
#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.05); ss by #11070, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 803.05 Exemption {#sec-lab-803.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 803.05}

The term "employee" as it applies to RSA 275:42, II and RSA 279:1, X shall not apply to the following:

(a) Bonafide volunteers:

(1) When such volunteers are performing work for public, charitable, or religious facilities and where such volunteer duties do not necessarily or traditionally lead to paid employment; or

(2) When such activities are exempt under 29 CFR 553:100-106, WH Publication 1297 "Employment Relationship” of the Fair Labor Standards Act;

(b) Inmates of a county or state correctional facility under RSA 651 who are required to work and perform services for which no significant remuneration is provided;

(d) An applicant for employment who is filling out paperwork, participating in pre-screening examinations or interviews;

(e) A student participating in a non-paid work based activity approved by the New Hampshire department of labor in accordance with Lab 805;

(f) An operator of a booth located within a salon or barbershop who operates independently of the salon or barbershop and who possesses a shop license as required by RSA 313-A: 17; and

(g) Elected public officials, of counties or municipalities.

History

#5491, eff 10-20-92, EXPIRED: 10-20-98
#7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.06); ss by #11070, eff 4-11-16; ss by #13000, eff 3-5-20

Part Lab 804 Application Procedure for Approval of Sub-Minimum Wage Rate in Accordance with Rsa 279:22 - Reserved

N.H. Code Admin. R. Ann. Lab 804.01 Payment of Wages and Requirements of Employers {#sec-lab-804.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 804.01}

– 804.05

History

#6995, eff 5-7-99, EXPIRED: 5-7-07
#8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07

Part Lab 805 APPLICATION PROCEDURE FOR APPROVAL OF SUB-MINIMUM WAGE OR NO WAGE RATE IN ACCORDANCE WITH RSA 279:22-aa.

N.H. Code Admin. R. Ann. Lab 805.01 Purpose {#sec-lab-805.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 805.01}

A requirement for special authorization for a sub-minimum wage rate or no rate for students or adults with disabilities working for practical experience was created. These rules are intended to carry out the intent of RSA 279:22-aa by establishing a procedure for applicants and for approval by the commissioner.

History

#6996, eff 5-7-99, EXPIRED: 5-7-07
#8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 805.02 Application for Approval of Sub-Minimum Wage Rate or No Rate {#sec-lab-805.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 805.02}

(a) The employer’s establishment, proper school or post-secondary organization or rehabilitation facility’s representative shall apply to the commissioner for a sub-minimum wage rate for high school or post-secondary students or adults with disabilities working for practical experience prior to placement of any student or adults with disabilities with an employer’s establishment.

(b) The employers establishment, a proper school, post-secondary organization or rehabilitation facility’s representative applying for a sub-minimum rate or no rate for a high school or post-secondary school student shall provide the following on the "approval form for sub-minimum wage or no rate wage work based activities under RSA 279:22-aa":

(1) Name and address of the school, post-secondary organization, or rehabilitation facility;

(2) Whether the institution is secondary, post-secondary or other;

(3) Indication of whether there is no rate wage, or a subminimum rate offered;

(4) If the applicant is disabled, a selection of one of the following types of agencies providing the service:

a. Vocational Rehabilitation (VR);

b. Area Agency (AA); and

c. Community Mental Health Center (CMHC).

(5) The contact person, position title, telephone number, email address, and fax number;

(6) Type of placement, whether:

a. Job shadowing;

b. Clinical;

c. Work experience;

d. Internship;

e. Service learning;

f. Mentor program;

g. Situational assessment;

h. Job training program; or

i. Other.

(7) The career interest or program name;

(8) Description of the objectives;

(9) Whether credit (direct or indirect) for graduation is given for this program;

(10) The number of hours per day, days per week and total of days at each work site;

(11) How the student will be supervised;

(12) If applicable, a description of any hazardous equipment involved;

(13) The authorized signature of the person at the institution or participating establishment and the position title; and

(14) A statement that participating learning establishment work sites must be preapproved by the department of labor.

History

#6996, eff 5-7-99, EXPIRED: 5-7-07
#8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 805.03 Application Evaluated {#sec-lab-805.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 805.03}

(a) The information submitted pursuant to Lab 805.02(b) (1) through (14) shall be evaluated by the department of labor as set forth in this section.

(b) The department shall first verify compliance with Lab 805.02(b) (1) through (14).

(c) Information required by Lab 805.02(b) (1) through (14) which is incomplete or does not result in an immediate rejection shall be evaluated as follows:

(1) If the hours in Lab 805.02(b) (10) above are not limited to those stipulated in RSA 276-A, the New Hampshire Youth Employment Law the application shall be rejected;

(2) If the training, even though it includes actual operation of the facilities of the establishment, is not connected to training and/or instruction given in the classroom the application shall be rejected; and

(3) If the application does not reflect specific goals and objectives of the program the application shall be rejected.

History

#6996, eff 5-7-99, EXPIRED: 5-7-07
#8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 805.04 Prescreening Work-Site Approval {#sec-lab-805.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 805.04}

(a) The participating learning establishment work sites must be preapproved by the department of labor. The following information shall be provided:

(1) Name of school, post-secondary organization or rehabilitation facility;

(2) The contact person from the school, post-secondary organization or rehabilitation facility;

(3) Telephone number, fax number, and email of the contact person named above;

(4) Business name;

(5) Federal ID number of the work site;

(6) Address of the work site;

(7) The total number of employees employed in New Hampshire, full and part-time;

(8) Contact name of the work site; and

(9) Telephone number of the work site.

(b) Information provided pursuant to Lab 805.04 above shall be evaluated as follows:

(1) The department shall verify the business’s identity;

(2) If applicable, the department shall verify the business has workers’compensation coverage;

(3) If applicable, the department shall verify the history of compliance with RSA 276-A, the New Hampshire Youth Employment Law, RSA 275, the New Hampshire Protective Legislation Law and RSA 279, the New Hampshire Minimum Wage Law;

(4) If applicable, the department shall verify if the establishment has a safety program; and

(5) If applicable, the department shall verify if the establishment has a "safety summary form," as described in Lab 602.02, on file with the department.

History

#6996, eff 5-7-99, EXPIRED: 5-7-07
#8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 805.05 Approval or Rejection {#sec-lab-805.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 805.05}

(a) Under RSA 279:22-aa, the participating employer shall be given approval by the commissioner or commissioner’s designee for students or adults with disabilities to work in the employer’s establishment for practical experience at a sub-minimum wage rate or no wages provided the following criteria are met:

(1) If no employment relationship exists, the employer shall submit a written detailed description of the program proposed under RSA 279:22-aa;

(2) If an employment relationship exists or develops between the participating parties, the employer shall submit to the commissioner or commissioner’s designee a written detailed description of the program proposed under RSA 279:22-aa that clearly defines, in writing, the differences in the roles:

a. Within the program details, provide a list or description of the responsibilities of the existing employment relationship and the responsibilities of the RSA 279:22-aa position; and

b. Within the program details, explain how the roles differ with assurances that any work performed by the employee within the scope of the employment relationship will be properly compensated.

(3) Pursuant to RSA 279:22-aa, the participants shall not displace regular employees but work under their close observation;

(4) Safety training in accordance with RSA 281-A shall be provided and be specific to the activities if such activities are classified as hazardous consistent with RSA 276-A: 4, I and Lab 1003; and

(5) The employer shall not be in violation of any New Hampshire labor laws.

(b) Notwithstanding the criteria in (a) above, the proposal shall be rejected by the commissioner or commissioner’s designee for reasons that include, but are not limited to, potential harm to participants, an unsafe location, or a determination that the proposal contains no educational component. If the employer’s location is rejected by the department, the department shall notify the applicant of the reason for the rejection and the applicant shall inform the employer.

(c) Upon approval, the department shall return the signed "approval form for sub-minimum wage or no rate wage work based activities" to the applicant and the applicant shall provide each participating work site with a copy of the form for their file.

Appendix I

Rule

State Statute Implemented

Lab 801.01

RSA 279: 21, VIII

Lab 802.01

RSA 279:21, VIII (a)

Lab 802.02

RSA 279: 21, VIII

Lab 802.03

RSA 275: 43,: 54 & 279:1, 279:21& 279:22-aa

Lab 802.04

RSA 275: 42, I & 279:21, I

Lab 802.05

RSA 279: 21, VIII

Lab 802.06

RSA 275: 42, I & 279: 21, I

Lab 802.07

RSA 279: 21, I

Lab 802.08

RSA 275: 56

Lab 802.09

RSA 279: 21

Lab 802.10

RSA 279: 21, VIII (a)

Lab 802.11

RSA 279: 1, X & 275: 42, :48, :49, IX

Lab 802.12

RSA 275: 48

Lab 802.13

RSA 279:21

Lab 803.01 (a) & (b)

RSA 275: 43, I & II

Lab 803.01 (c) & (d)

RSA 275: 43, II

Lab 803.01 (e) & (f)

RSA 275: 44, I & II

Lab 803.01 (g)

RSA 279: 27 & 275: 49, I, II,VI & :50

Lab 803.02 (a)

RSA 279: 21, I

Lab 803.02 (b)

RSA 275: 48, I

Lab 803.02 (c) & (d)

RSA 275: 43-b, I

Lab 803.02 (e)

RSA 275: 48, I & V (b)

Lab 803.02 (f)

RSA 275: 48, I & RSA 279: 26-a

Lab 803.03 (a) – (d)

RSA 275: 49

Lab 803.03 (e)

RSA 275: 48 & :49

Lab 803.03 (f) & (g)

RSA 279: 27, 275: 48, I & :49, VI

Lab 803.03 (h) – (j)

RSA 275: 43-a

Lab 803.04

RSA 275: 43, I & :54

Lab 803.05

RSA 275:42, I & 279:1, X

Lab 804 (Reserved)

Lab 805.05

RSA 279:22-aa, I & II

Appendix II

Rule

Lab 803.04

Title

WAGE AND HOUR PUBLICATION 1312

TITLE 29 PART 785 OF THE CODE OF FEDERAL REGULATIONS

UNITED STATES DEPARTMENT OF LABOR

(Reprinted May 2011)

Obtain at:

NO COST

NEW HAMPSHIRE DEPARTMENT OF LABOR

HUGH J GALLEN STATE OFFICE PARK

95 PLEASANT STREET

CONCORD NH 03302-2076

by calling: (603) 271-3176

THE WORLDWIDE WEB AT:

http://www.nh.gov/labor/documents/cfr-hours-worked.pdf

Also, contact the US Department of Labor

Wage & Hour Division

Toll-free 1-866-487-9243

govhttp://www.dol.gov/whd/regs/compliance/WH1312.pdf

History

#11070, eff 4-11-16 (from Lab 804.05); ss by #13818, eff 12-9-23

Chapter Lab 900 Whistleblowers’ Protection Act

Part Lab 901 Purpose

N.H. Code Admin. R. Ann. Lab 901.01 Purpose {#sec-lab-901.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 901.01}

The purposes of these rules are to define terms contained in RSA 275-E, to describe the form content and notices required to be posted by RSA 275-E:7, and to notify workers how to file a complaint for relief under the statute.

History

#4685, eff 12-09-88; EXPIRED 12-09-94
#7351, eff 8-24-00, EXPIRED: 8-24-08
#9257, eff 9-11-08; ss by #10522, eff 2-15-14; ss by #13731, eff 8-25-23

Part Lab 902 Definitions

N.H. Code Admin. R. Ann. Lab 902.01 Violation {#sec-lab-902.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 902.01}

"Violation" means an infringement of a rule or law adopted by the state of New Hampshire, a political subdivision of the state, or, provided no preemption exists, the United States.

History

#4685, eff 12-09-88; EXPIRED 12-09-94
#7351, eff 8-24-00, EXPIRED: 8-24-08
#9257, eff 9-11-08; ss by #10522, eff 2-15-14 (formerly Lab 902.03); ss by #13731, eff 8-25-23

N.H. Code Admin. R. Ann. Lab 903.01 Poster {#sec-lab-903.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 903.01}

Under the provisions of RSA 275-E:7, every employer of employees shall display a poster, in conspicuous places at all workplaces within New Hampshire, in order to inform employees of protections and obligations under the statute. The content of the poster shall be as set forth in (a) - (f) below.

(a) The poster shall include a statement that under the Whistleblowers' Protection Act, RSA 275-E, protection is available to employees who, in good faith, report what they reasonably believe is a violation of a law or a rule, participate in an investigation or hearing, or who refuse to execute an illegal directive;

(b) The poster shall include a notification to the employees stating that an employer shall be prohibited from discharging, threatening, or discriminating against any employee if:

(1) The employee, in good faith, reports or causes to be reported an alleged violation of any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States;

(2) The employee objects to or refuses to participate in any activity that the employee, in good faith, believes is a violation of a law or rule;

(3) The employee refuses to execute a directive which the employee in good faith, believes violates any law or rule adopted under the laws of this state, a political subdivision of this state or the United States; or

(4) The employee participates in an investigation, hearing, or inquiry conducted by any governmental entity or any court action which concerns allegations that the employer has violated any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States.

(c) The poster shall notify employees that they can request a hearing with the department of labor which can result in a judgment to order reinstatement, payment of fringe benefits, restoration of seniority rights, and any appropriate injunctive relief, but only after the employee has made a reasonable effort to maintain or restore his or her rights through any grievance procedure available;

(d) The poster shall notify public employees that they may file a complaint with the department of labor concerning the possible fraud, waste, or abuse in the expenditure of public funds, and no governmental entity shall take any retaliatory action against a public employee who, in good faith, files such a complaint;

(e) The poster shall include the address and telephone numbers of the inspection division of the department of labor; and

(f) The poster shall include a statement that the notice shall be posted in a conspicuous place.

History

#4685, eff 12-09-88; EXPIRED 12-09-94
#7351, eff 8-24-00, EXPIRED: 8-24-08
#9257, eff 9-11-08; ss by #10522, eff 2-15-14; ss by #13731, eff 8-25-23

Part Lab 904 Required Complaint Form

N.H. Code Admin. R. Ann. Lab 904.01 Complaint Form {#sec-lab-904.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 904.01}

Any person defined as an employee under RSA 275-E:1, I or a public employee defined under RSA 275-E:1, III filing a whistleblowers' complaint under the provisions of RSA 275-E:4 shall supply the following on the “Whistleblowers’ Complaint Form” provided by the department of labor:

(a) The complainant's name;

(b) The complainant's mailing address and telephone number;

(d) The name and telephone number of the employer representative to whom the complaint should be directed;

(e) A description of the complaint, describing the alleged violation of rights under RSA 275-E:2 or RSA 275-E:3;

(f) If applicable, the date of the discharge;

(g) A description of the alleged discrimination, retaliation or threat made;

(h) An indication whether the employer has a grievance procedure available;

(i) If there was a grievance procedure available, an indication of whether the complainant followed the employer's procedure before filing the complaint;

(j) The specific relief the complainant is seeking by filing the complaint;

(k) In addition to (a) – (j) above, the following information if the complaint is filed under RSA 275-E:2, I (a) for reporting or causing to be reported an alleged violation:

(1) The alleged violation of the law or rule that was reported;

(2) The name and title of the person to whom the alleged violation of law or rule was reported;

(3) The name of the person or persons who allegedly violated the law or rule;

(4) The date the alleged violation of law or rule occurred;

(5) How the alleged violation of law or rule occurred;

(6 The date the alleged violation of the law or rule was reported;

(7) How long the employer was given to correct the alleged violation before reporting it; and

(8) If the alleged violation was not reported to the employer, the reason why it was not.

(l) In addition to (a) – (j ) above, the following information if the complaint is filed under RSA 275-E:2, I (b):

(1) The alleged illegal activity that the complainant objected to or refused to participate in;

(2) The name and title of the person or persons who asked the complainant to participate in the alleged illegal activity; and

(3) The date on which the complainant objected or refused to participate in the alleged illegal activity.

(m) In addition to (a) – (j) above, the following information if the complaint is filed under RSA 275-E:2, I (c):

(1) Whether or not the complainant participated in an investigation, hearing, inquiry, or court action;

(2) The specific action, whether investigation, hearing, inquiry, or court action in which the complainant participated;

(3) The date or dates upon which the complainant participated in an investigation, hearing, inquiry, or court action; and

(4) The name of the agency or court where the complainant’s participation in an investigation, hearing, inquiry, or court action, took place.

(n) In addition to (a) – (j) above, the following information if the complaint is filed under RSA 275-E:3 for refusal to execute an illegal directive:

(1) The alleged illegal directive ordered by the employer;

(2) The name and title of the person or persons who ordered the alleged illegal directive; and

(3) The date the alleged illegal directive was ordered.

(o) In addition to (a) – (j) above, the following information if the complaint is filed by a public employee under RSA 275-E:9:

(1) The date on which the public employee first reported the alleged violation of fraud, waste, or abuse in the expenditure of public funds, or in relation to programs involving procurement of supplies, services or construction by a governmental entity in the state to the department of labor;

(2) The case number provided to the complainant when the above complaint was filed with the department of labor; and

(3) For complaints filed for violation of RSA 275-E:2, for the gross mismanagement or waste of public funds, property, or manpower, or for evidence of an abuse of authority or a danger to the public health and safety, the complainant shall provide the information on the form as described in (k), above.

(p) The signature and date of the complainant certifying that the complaint is a truthful statement of the facts involved.

History

#7351, eff 8-24-00, EXPIRED: 8-24-08
#9257, eff 9-11-08; ss by #10522, eff 2-15-14; ss by #13731, eff 8-25-23

N.H. Code Admin. R. Ann. Lab 904.02 Public Employee Complaint Form {#sec-lab-904.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 904.02}

(a) A public employee filing a complaint under the provisions of RSA 275-E:8 shall supply the following on the “Complaint Form for Public Employees” provided by the department of labor:

(1) The complainant's name;

(2) The complainant's mailing address and telephone number;

(3) The name and address of the employer/public entity the complaint is filed against;

(4) The name and telephone number of the contact person for a potential investigation;

(5) An indication as to whether the complaint concerns possible fraud, waste, or abuse in the expenditure of public funds or relating to programs and operations involving the procurement of any supplies, services, or construction by governmental entities within the state;

(6) A detailed description of the possible fraud, waste, or abuse in the expenditure of public funds relating to programs and operations involving the procurement of any supplies, services, or construction by governmental entities within the state;

(7) The name and title of the person to whom the alleged possible fraud, waste, or abuse in the expenditure of public funds was reported;

(8) How long the employer was given to correct the alleged possible fraud, waste, or abuse in the expenditure of public funds before reporting it to the department of labor;

(9) If the alleged possible fraud, waste, or abuse in the expenditure of public funds was not reported to the employer, the reason why it was not;

(10) The signature and date of the complainant certifying that the complaint is a truthful statement of the facts involved; and

(11) The signature and date of the complainant if authorizing the department of labor to disclose the complainant’s identity to the appropriate enforcement authority if the compliant is deemed by the department of labor to have merit.

(b) The form shall include a statement notifying the complainant, pursuant to RSA 275-E:8, II, that if the complaint is referred to a law enforcement agency for a criminal investigation the complainant’s identity shall be disclosed to the agency without the complainant’s consent.

History

#7351, eff 8-24-00, EXPIRED: 8-24-08
#9257, eff 9-11-08; ss by #10522, eff 2-15-14; ss by #13731, eff 8-25-23

N.H. Code Admin. R. Ann. Lab 904.03 Processing A Complaint under RSA 275-E:4 {#sec-lab-904.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 904.03}

(a) If an employee files a complaint under RSA 275-E:4, the complaint shall be presented to the department of labor in the form prescribed by Lab 904.01 (a) through (o), with all substantiating documents attached.

(b) The department of labor shall process the complaint as set forth in (1) – (4) below:

(1) The department of labor shall notify the employer by serving the complaint via US mail, email, or in hand along with an order to file an objection to the complaint with the department of labor within 10 days of receipt of such complaint, specifying the grounds thereof;

(2) The department of labor shall forward a copy of the objection to the claimant, who shall be notified of the claimant’s right to request a hearing in the matter;

(3) If the employer fails to respond to the notification above under Lab 904.03 (b) (1), the claimant shall also be informed by the department of labor of the claimants’ right a hearing;

(4) If the claimant fails to request formal hearing on the matter, the claim will be dismissed without a finding, and

(5) If a hearing is requested by the claimant the request shall be in writing pursuant to Lab 204.01.

History

#7351, eff 8-24-00, EXPIRED: 8-24-08
#9257, eff 9-11-08; ss by #10522, eff 2-15-14 (from Lab 904.02); ss by #13731, eff 8-25-23

N.H. Code Admin. R. Ann. Lab 904.04 Processing A Public Employee Complaint under RSA 275-E:8 {#sec-lab-904.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 904.04}

(a) If an employee files a complaint under RSA 275-E:8, the complaint shall be presented to the department of labor in the form prescribed by Lab 904.02, (a) (1) through (8), with all substantiating documents attached.

(b) The department of labor shall process the complaint as set forth in (1) – (7) below:

(1) If the department of labor makes an initial determination that the complaint is without merit or unfounded, the complainant shall be notified and the complaint shall be dismissed without further action;

(2) If the department of labor is in need of further information or clarification, the department of labor shall make such request of the complainant and hold the complaint for 15 days from the date of the request;

(3) If no information is received within the above timeframe, the complaint shall be dismissed without further action;

(4) The case shall be reopened if the commissioner or commissioner’s representative determines there was good cause for failing to respond, including:

a. Serious illness;

b. Hospitalization;

c. Incarceration;

d. Death of a family member; or

e. Any other unforeseeable circumstance beyond the complainant’s control that prevents the complainant from providing the required information or clarification to the department of labor;

(5) If the department of labor suspects any violation of state or federal criminal law, it shall be reported immediately to the attorney general and either the United States Attorney or local law enforcement agency;

(6) If the department of labor determines that the complaint would be more appropriately investigated by another authority having jurisdiction over the subject matter, the department of labor may refer the complaint to that authority and notify the complainant in writing;

(7) If the department of labor determines that the complaint has merit and it is not referred to another agency under (b) (5) or (6) above, the department of labor shall undertake further investigation as set forth in d. below:

a. The department of labor shall contact the public entity the complaint is filed against and request all records, confidential or otherwise, reports, audits, reviews, papers, books, documents, recommendations, and correspondence, including information or data that is deemed necessary to carry out the investigation;

b. If deemed necessary for a complete investigation, the department of labor shall perform an onsite audit of the records of the employer;

c. If deemed necessary for a complete investigation, the department of labor shall conduct confidential interviews;

d. If the investigation results in a final determination that validates the complaint, the department of labor shall notify the appropriate enforcement authority;

(8) The department of labor shall notify the complainant, and the public entity against which the complaint is filed, in writing of the results of the investigation by the department of labor; and

(9) The department of labor shall maintain the complaint on file for a period of at least 3 years.

History

#10522, eff 2-15-14 (from Lab 904.02); ss by #13731, eff 8-25-23

N.H. Code Admin. R. Ann. Lab 904.05 Hearings {#sec-lab-904.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 904.05}

(a) Hearings held under RSA 275-E:4 and Lab 904.03 shall be conducted according to the rules established by Lab 201-204, and the requirements of RSA 541-A.

(b) Following such hearing, the labor commissioner or designee shall order such remedies as are appropriate, including reinstatement of the employee, payment of back pay, fringe benefits, seniority rights, attorney fees, any appropriate injunctive relief, or any combination of these remedies.

Appendix

Rule

Specific State or Federal Statutes which the Rule Implements

Lab 901-902

RSA 275-E:2

Lab 903

RSA 275-E:7

Lab 904

RSA 275-E:4, RSA 275-E: 8; RSA 541-A:16 I, (b) (2)

History

#10522, eff 2-15-14 (from Lab 904.03); ss by #13731, eff 8-25-23

Chapter Lab 1000 Youth Employment

Part Lab 1001 Definitions

N.H. Code Admin. R. Ann. Lab 1001.01 Academic performance level {#sec-lab-1001.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1001.01}

"Academic performance level" as used in RSA 276-A:5, I, means the guidelines set by the school district in New Hampshire in which the minor is enrolled.

History

(See Revision Note at chapter heading for Lab 1000) #5492, eff 10-20-92, EXPIRED: 10-20-98
#7337, eff 8-2-00; EXPIRED: 8-2-08
#9258, eff 9-11-08; ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21

N.H. Code Admin. R. Ann. Lab 1001.02 Brief duration {#sec-lab-1001.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1001.02}

"Brief duration" as used in RSA 276-A:3, VII to define the term "casual work", means employment of no more than 3 calendar days for any one employer.

History

(See Revision Note at chapter heading for Lab 1000) #5492, eff 10-20-92, EXPIRED: 10-20-98
#7337, eff 8-2-00; EXPIRED: 8-2-08
#9258, eff 9-11-08; ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21

N.H. Code Admin. R. Ann. Lab 1001.03 Duly enrolled in school {#sec-lab-1001.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1001.03}

"Duly enrolled in school" as used in RSA 276-A:4, VI and VII, means any one of the following:

(a) The youth is enrolled as a student in a school;

(b) The youth is attending classes or enrolled in a program for the purpose of receiving a general equivalency diploma; or

(c) The youth is currently being home-schooled by a parent or guardian in a program authorized by the New Hampshire department of education pursuant to RSA 193-A for the purpose of receiving a diploma.

History

(See Revision Note at chapter heading for Lab 1000) #5492, eff 10-20-92, EXPIRED: 10-20-98
#7337, eff 8-2-00; EXPIRED: 8-2-08
#9258, eff 9-11-08; ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21

N.H. Code Admin. R. Ann. Lab 1001.04 General equivalency diploma {#sec-lab-1001.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1001.04}

“General equivalency diploma” as used in RSA 276-A:4 includes having obtained a New Hampshire High School Equivalency Certificate.

History

#7337, eff 8-2-00; EXPIRED: 8-2-08
#9258, eff 9-11-08; ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21

N.H. Code Admin. R. Ann. Lab 1001.05 Youth employment certificate {#sec-lab-1001.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 1001.05}

"Youth employment certificate", as required by RSA 276-A: 5, means the document which is issued to a youth by a principal, or authorized representative, of a school in New Hampshire or by a parent or legal guardian of the youth upon the receipt of an Employer's Request for Child Labor Form and proof of age.

History

#10931, eff 9-15-15 (from Lab 1001.04); ss by #13222, eff 6-26-21

Part Lab 1002 Prohibitions

N.H. Code Admin. R. Ann. Lab 1002.01 Youth {#sec-lab-1002.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1002.01}

Employment Certificate Requirements.

(a) Under RSA 276-A: 4, II, no youth under the age of 16 shall be employed or permitted to work without first obtaining a youth employment certificate, except that he or she may work for his/her parents, grandparents, guardian, for casual work defined in RSA 276-A:3, VII or farm labor.

(b) A youth employment certificate shall not be obtained through any other state.

(c) A youth employment certificate or similar document issued by any other state shall not be recognized by the State of New Hampshire.

(d) A youth employment certificate shall not be required for youths enrolled in approved school- to-work curricula under RSA 279:22-aa.

(e) A youth employment certificate shall not be required for youths working for an employer when the employer is owned, controlled, and managed exclusively by the youth's parents, grandparents, or legal guardians.

(f) A youth employment certificate shall not be required for youth performing public service work pursuant to a court order.

History

(See Revision Note at chapter heading for Lab 1000) #5492, eff 10-20-92, EXPIRED: 10-20-98
#7337, eff 8-2-00; EXPIRED: 8-2-08
#9258, eff 9-11-08; ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21

N.H. Code Admin. R. Ann. Lab 1002.02 Parental {#sec-lab-1002.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1002.02}

Permission Requirements.

(a) In accordance with RSA 276-A: 4, VIII, no youth 16 or 17 years of age, who has not graduated from high school or obtained a general equivalency diploma, shall be permitted to work without prior written authorization by the youth's parent or legal guardian.

(b) The parental permission shall include the following:

(1) The establishment's name and location;

(2) The date permission is given by the parent or legal guardian;

(3) The signature of the parent or legal guardian;

(4) The title of the position the minor will fill or a description of the work activities; and

(5) The minor's date of birth.

History

#7337, eff 8-2-00; EXPIRED: 8-2-08
#9258, eff 9-11-08; ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21

N.H. Code Admin. R. Ann. Lab 1002.03 Hours {#sec-lab-1002.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1002.03}

Limitations.

(a) As used in RSA 276-A: 4, IV the term "vacations" shall not include any week in which school is in session for one or more days.

(b) Pursuant to RSA 276-A: 4, IV, no youth under 16 years of age shall work earlier than 7 o'clock a.m. or later than 9 o'clock p.m.

(c) Pursuant to RSA 276-A:13, any youth scheduled to work more than 2 nights in a week past 8 o'clock p.m. shall not be permitted to work more than an 8-hour shift during that particular week.

History

#7337, eff 8-2-00; EXPIRED: 8-2-08
#9258, eff 9-11-08; ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21

Part Lab 1003 Incorporation by Reference

N.H. Code Admin. R. Ann. Lab 1003.01 Hazardous {#sec-lab-1003.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1003.01}

Occupations. Under the authority of RSA 276-A:8, and in reference to the term hazardous occupation, as defined in RSA 276-A:3, V, employers shall comply with the following federal orders regulating youth employment in hazardous occupations:

(a) The following standards and orders of the Child Labor Bulletin No. 101 contained in "Child Labor Requirements in Nonagricultural Occupations Under the Fair Labor Standard Act", publication WH-1330, available as noted in Appendix II:

(1) The occupation standards for 14- and 15-year olds;

(2) The employment standards for 16- and 17-year olds; and

(3) The exemptions for apprentices and student-learners.

(b) The following standards and orders of the Child Labor Bulletin No. 102 contained in "Child Labor Requirements in Agricultural Occupations Under the Fair Labor Standard Act", publication WH-1295, available as noted in Appendix II:

(1) The Hazardous Occupation Orders for Agricultural Employment;

(2) The exemptions for Student-Learners, 4-H Federal Extension Service; and

(3) Vocational Agriculture Training Programs.

History

(See Revision Note at chapter heading for Lab 1000) #5492, eff 10-20-92, EXPIRED: 10-20-98
#7337, eff 8-2-00; EXPIRED: 8-2-08
#9258, eff 9-11-08; ss by #10931, eff 9-15-15; ss by #13222, eff 6-26-21

Part Lab 1004 Youth Employment in Firefighting Training – Expired

N.H. Code Admin. R. Ann. Lab 1004.01 Youth Employment {#sec-lab-1004.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1004.01}

– 1004.04 - EXPIRED

APPENDIX I

Rule

Statute

Lab 1001.01

RSA 276-A:5, I

Lab 1001.02

RSA 276-A:3 VII

Lab 1001.03

RSA 276-A:3, VI and VII

Lab 1001.04

RSA 276-A:4, VIII

Lab 1001.05

RSA 276-A:5, I, II, III & V

Lab 1002.01

RSA 276-A:4, II

Lab 1002.02

RSA 276-A:4, VIII

Lab 1002.03

RSA 276-A:4, IV & RSA 276-A:13

Lab 1003.01

RSA 276-A:3, V & RSA 276-A:4, I

APPENDIX II

Rule

Title

Obtain at:

Lab

1003.01 (a)

Child Labor Bulletin No. 101 contained in "Child Labor Requirements in Nonagricultural Occupations Under the Fair Labor Standard Act", publication WH-1330

This publication is available on the Internet on the NH Department of Labor’s Website at the following address: http://www.nh.gov/labor/links/index.htm or by calling (603) 271-3176. Also, this publication is available on the Internet on the Wage and Hour Division Home Page at the following address:

https://www.dol.gov.sites/dolgov/files/WHD/legacy/files/childlabor101.pdf

Lab

1003.01 (b)

Child Labor Bulletin No. 102 contained in "Child Labor Requirements in Agricultural Occupations Under the Fair Labor Standard Act", publication WH-1295

History

(See Revision Note at chapter heading for Lab 1000) #5492, eff 10-20-92, EXPIRED: 10-20-98
#7337, eff 8-2-00; EXPIRED: 8-2-08

Chapter Lab 1200 Boilers and Pressure Vessels

Part Lab 1201 Definitions

N.H. Code Admin. R. Ann. Lab 1201.01 Existing boiler and pressure vessel installation {#sec-lab-1201.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1201.01}

"Existing boiler and pressure vessel installation" as used in RSA 157-A: 5 means any boiler or pressure vessel constructed, installed, placed in operation or contracted for before 1967.

History

(See Revision Note at chapter heading for Lab 1200) #5371, eff 4-10-92, EXPIRED: 4-10-98
#7210, eff 2-28-00; ss by #9076, eff 1-24-08; ss by #11071, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 1201.02 Hot water supply boiler {#sec-lab-1201.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1201.02}

“Hot water supply boiler” as used in RSA 157-A: 8, II (c) and RSA 157-A: 8, II (d) means a boiler used to heat water for purposes other than space heating.

History

#11071, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 1201.03 Hot Water heater {#sec-lab-1201.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1201.03}

“Hot Water heater” as used in RSA 157-A: 6, III (g), RSA 157-A: 6, III IV and RSA 157-A: 8, II (c) means a vessel in which potable water is heated by the combustion of fuel, by electricity, or by and other source, and withdrawn for external use.

History

#11071, eff 4-11-16

Part Lab 1202 Incorporation by Reference

N.H. Code Admin. R. Ann. Lab 1202.01 Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, 2015 Edition {#sec-lab-1202.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1202.01}

Under the authority of RSA 157-A: 3, boilers and pressure vessels, as defined in RSA 157-A: 2, shall conform to the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, 2015 edition, as specified in Appendix II.

History

(See Revision Note at chapter heading for Lab 1200) #5371, eff 4-10-92, EXPIRED: 4-10-98
#7210, eff 2-28-00; ss by #9076, eff 1-24-08; ss by #11071, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 1202.02 National Board Inspection Code, 2015 Edition, Parts 2 & 3 {#sec-lab-1202.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1202.02}

Under authority of RSA 157-A: 3, boilers and pressure vessels, as defined in RSA 157-A: 2, shall be inspected in accordance with the National Board Inspection Code, Part 2, Inspections and Part 3, Repairs and Alterations 2015 edition, as specified in Appendix II, including 1999 EN 303-5 for biomass burning boilers.

History

(See Revision Note at chapter heading for Lab 1200) #5371, eff 4-10-92, EXPIRED: 4-10-98
#7210, eff 2-28-00; ss by #9076, eff 1-24-08; ss by #11071, eff 4-11-16

Part Lab 1203 Administration

N.H. Code Admin. R. Ann. Lab 1203.01 Tagging {#sec-lab-1203.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1203.01}

A group of low pressure boilers, operating as a single unit with a common header and with no isolation valves, shall be considered as one unit for registration purposes only and tagged with one New Hampshire jurisdiction identification number.

History

(See Revision Note at chapter heading for Lab 1200) #5371, eff 4-10-92, EXPIRED: 4-10-98
#7210, eff 2-28-00; ss by #9076, eff 1-24-08; ss by #11071, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 1203.02 Repairs and Alterations {#sec-lab-1203.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1203.02}

All repairs and alterations to boilers and pressure vessels shall be made in accordance with the National Board Inspection Code adopted under Lab 1202.02.

History

(See Revision Note at chapter heading for Lab 1200) #5371, eff 4-10-92, EXPIRED: 4-10-98
#7210, eff 2-28-00; ss by #9076, eff 1-24-08; ss by #11071, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 1203.03 Request for Extension of Certificate Inspection Period {#sec-lab-1203.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1203.03}

(a) Under RSA 157-A: 8, II (h), an owner as defined in RSA 157-A: 2, I who requests an extension of the period of time beyond the expiration of the grace period, under RSA 157-A: 8, II (g), shall make such request in writing to the commissioner prior to the expiration of the grace period.

(b) The request, made pursuant to (a), above, shall include the specific reason for the request and the specific length of time requested.

(c) The request shall include a written statement by the current inspector who is authorized to inspect the boilers and/or pressure vessels and who holds a current license issued by the commissioner under RSA 157-A: 7.

(d) The written statement by the inspector provided in accordance with (c), above, shall certify that the length of time requested will not jeopardize the safety of the general public.

History

(See Revision Note at chapter heading for Lab 1200) #5371, eff 4-10-92, EXPIRED: 4-10-98
#7210, eff 2-28-00; ss by #9076, eff 1-24-08; ss by #11071, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 1203.04 Extension Granted {#sec-lab-1203.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1203.04}

(a) The commissioner shall grant the request for extension, provided that the requirements of Lab 1203.03 (b), (c) and (d) are met and that the commissioner determines that the additional period of time will not jeopardize the safety of the general public.

(b) Once an extension of time is granted, written notification by the commissioner shall be issued to the individuals who requested the extension.

(c) Under RSA 157-A: 8, II (g) no boiler or pressure vessel shall be operated beyond the 2 month grace period without having received an extension as requested under Lab 1203.03.

Lab1203.05 Licensing and Fees.

(a) The commissioner shall issue a license to any person who qualifies for the license under the provisions of RSA 157-A: 7, I, as applicable, and these rules upon payment of the non-refundable fee.

(b) A renewal fee pursuant to RSA 157-A: 7, II, as applicable, shall be charged upon application for renewal license providing that the application is filed within 30 calendar days from expiration date.

(d) The licensee shall notify the commissioner in writing of any change in status of employment or address of such licensee within 15 days such change takes place.

History

(See Revision Note at chapter heading for Lab 1200) #5371, eff 4-10-92, EXPIRED: 4-10-98
#7210, eff 2-28-00; ss by #9076, eff 1-24-08; ss by #11071, eff 4-11-16
#9076, eff 1-24-08; ss by #11071, eff 4-11-16

N.H. Code Admin. R. Ann. Lab 1203.06 Revocation of License {#sec-lab-1203.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 1203.06}

(a) Any license issued under RSA 157-A: 7, III shall be revoked by the department, after notice and an opportunity for a hearing if:

(1) The licensee violated any statute, rule or code adopted thereunder relative to boilers or pressure vessels;

(2) The licensee falsified any documentation submitted to the department of labor; or

(3) The licensee’s National Board commission becomes inactive for any reason.

(b) Upon revocation, the department shall notify the holder of the effective date thereof.

(c) The licensee shall, upon notification of the date of revocation, comply by surrendering the license to the commissioner.

(d) Except as provided in (e) below, if the licensee fails to appear at a hearing, the department shall enter a default judgment and revoke the licensee's license after 7 calendar days from the date of the scheduled hearing.

(e) If the department determines, based upon information supplied in writing by the licensee within 7 calendar days of the originally scheduled hearing, that the licensee had good cause for failing to appear at the hearing and a new hearing shall be scheduled, the default judgment shall not be entered or shall be lifted. Good cause shall include illness, accident, the death of a family member, or similar problem beyond the control of the licensee.

(f) No one shall perform inspections pursuant to RSA 157-A: 7 and these rules after the revocation of their license.

APPENDIX

RULE

STATUTE

Lab 1201.01

RSA 157-A: 3 and 157-A: 5

Lab 1201.02

RSA 157-A:8 II (c) and 157-A:8 II (d)

Lab 1201.03

RSA 157-A: 6 III (g), 157-A: 6 IV and 157-A:8 II (c)

Lab 1202.01

RSA 157-A: 3, 157-A: 4 and 157-A: 5

Lab 1202.02

RSA 157-A: 3, 157-A: 4, 157-A: 5, 157-A: 7 and 157-A: 8

Lab 1203.01

RSA 157-A: 3 and 157-A: 8

Lab 1203.02

RSA 157-A: 3 and 157-A: 5

Lab 1203.03

RSA 157-A: 8

Lab 1203.04

RSA 157-A: 8

Lab 1203.05

RSA 157-A: 7

Lab 1203.06

RSA 157-A: 7

APPENDIX II

Rule

Title

Obtain at:

Lab 1202.01

The Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, 2015 Edition

This publication is available at the New Hampshire Department of Labor’s library located at The Hugh J. Gallen State Office Park, 95 Pleasant St, Concord, NH, or it may be purchased at the following website: https://global.ihs.com/nbic.cfm The cost to purchase is $280.00 ($140, part 2 and $140.00, part 3).

Lab 1202.02

The National Board Inspection Code , Part 2, Inspections and Part 3, Repairs and Alterations, 2015 Edition

This publication is available at the New Hampshire Department of Labor’s library located at The Hugh J. Gallen State Office Park, 95 Pleasant St, Concord, NH, Phone #: 271-2599; or, it may be purchased by at the following website: https://www.ihs.com/products/asme-bpvc-standards.html by section, or the entire Code at a cost of $13,630.

History

#9076, eff 1-24-08; ss by #11071, eff 4-11-16

Chapter Lab 1300 Elevators

Part Lab 1301 Applicability

N.H. Code Admin. R. Ann. Lab 1301.01 Applicability {#sec-lab-1301.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1301.01}

These rules shall apply to the construction, inspection, alteration, and repair of elevators and accessibility lifts as defined in RSA 157-B:2 and within this jurisdiction. The following codes shall not preclude compliance with the codes adopted by the state building code review board pursuant to RSA 155-A. If a conflict should arise between these rules and any other law, rule, regulation, or code, these rules shall not supersede the more stringent requirements.

History

#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1301.02 Definitions {#sec-lab-1301.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1301.02}

(a) "Applicant" means a person seeking to be licensed under RSA 157-B:8 or RSA 157-B:8-a or seeking a renewal of a license issued thereunder.

(b) "Accessibility lift inspector" means a person who meets the requirements of RSA 157-B:8 and these rules and is engaged in inspecting and testing inclined stairway chairlifts and inclined and vertical wheelchair lifts, including gates, any doors, enclosure, runway means, and appurtenances required for its operation for the exclusive use by person(s) who have a handicap or injury that prevents them from using the stairs.

(c) "Accessibility lift mechanic" means a person who meets the requirements of RSA 157-B:8-a and these rules and is authorized to act as a mechanic who is engaged in the construction, maintenance, or repair of inclined stairway chairlifts and inclined and vertical wheelchair lifts, including gates, any doors, enclosure, runway means, and appurtenances required for its operation for the exclusive use by person(s) who have a handicap or injury that prevents them from using the stairs.

(d) “Alteration” of an existing elevator or accessibility lift means any action that changes, makes different, or modifies the existing unit from its condition immediately prior to the alteration.

(e) "Elevator inspector" means a person meeting the qualifications of paragraph RSA 157-B:8 and these rules and who is engaged in the inspection and testing of elevators escalators and accessibility lifts.

(f) "Elevator mechanic" means a person who meets the requirements of RSA 157-B:8-a and these rules and who is engaged in the construction, maintenance, or repair of elevators, escalators, and accessibility lifts.

(g) “Helper” means a person working under the direct supervision of a licensed elevator mechanic or accessibility lift mechanic while engaged in the construction, maintenance, or repair of elevators or accessibility lifts. The term includes “apprentice”.

(h) “Inspection” means an official examination or observation including, but not limited to, tests, surveys, and monitoring to determine compliance with rules, regulations, orders, requirements, and conditions of the department.

(i) “Owner” means “owner” as defined in RSA 157-B:2, I, namely “a person, partnership, association, or corporation who is the holder of title to, or who leases an elevator or accessibility lift from the holder of title to, a building in which there is an elevator or accessibility lift, as defined in RSA 157-B:2, except an elevator or accessibility lift for the exclusive use of the holder of title in the holder’s home.”

(j) “Owner’s designee” means a person or entity designated by an owner to act in the owner’s stead with respect to building maintenance issues including, but not limited to, required periodic maintenance of elevators and accessibility lifts within the owner’s building.

History

#14313, eff 7-11-25, EXPIRES: 7-11-35

Part Lab 1302 Incorporation by Reference

N.H. Code Admin. R. Ann. Lab 1302.01 American Standard Safety Code A-17.1-1965 and A-17.1a-1967 and A-17.1b-1968 for Installations Prior to January 1, 1968 {#sec-lab-1302.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1302.01}

Under the authority of RSA 157-B:18, elevators, dumbwaiters, escalators and moving walks installed before January 1, 1968 shall conform to the American Standard Safety Code for Elevators, Escalators, and Moving Walks, A-17.1-1965 with supplements A-17.1a-1967 and A-17.1b-1968 available as specified in Appendix II with the following modifications:

(a) Delete rule 100.6 b in its entirety;

(b) Delete rule 101.2 in its entirety;

(d) Delete rule 101.4 in its entirety;

(e) Delete rule 102 in its entirety;

(f) Rewrite the first sentence of rule 107.1a to read: "When the car rests on its fully compressed buffers there shall be a vertical clearance of not less than 2 feet between the pit floor and the underside of the car platform";

(g) Delete rule 202.1a through 202.1c in their entirety; and

(h) Delete rule 208.1 in its entirety.

History

#4020, eff 3-21-86; ss by #5108, eff 4-2-91, EXPIRED: 4-2-97
#6844, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1302.02 ANSI/ASME A-17.3-1986 for Installations Prior to January 1, 1968 {#sec-lab-1302.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1302.02}

Under the authority of RSA 157-B:18 elevators, dumbwaiters, escalators, and moving walks installed before January 1, 1968 shall conform to the following parts of the ANSI/ASME code for existing Elevators, and Escalators A-17.3-1986 available as specified in Appendix II:

(a) A17.3 2.2.1. Enclosures;

(b) A17.3 2.2.2;

(d) A17.3 3.2; and

(e) A17.3 3.8.

History

#4020, eff 3-21-86; ss by #5108, eff 4-2-91, EXPIRED: 4-2-97
#6844, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1302.03 American Standard Safety Code A-17.1-1965 and A-17.1a-1967 and A-17.1b-1968 for Installations Between January 1, 1968 and January 1, 1985 {#sec-lab-1302.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1302.03}

Elevators, dumbwaiters, escalators, and moving walks, installed between January 1, 1968 and January 1, 1985 shall conform to the American Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, A-17.1-1965 with supplements A-17.1a-1967 and A-17,1b-1968 available as specified in Appendix II.

History

#4020, eff 3-21-86; ss by #5108, eff 4-2-91, EXPIRED: 4-2-97
#6844, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRES: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1302.04 Request for Waiver {#sec-lab-1302.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1302.04}

Upon notification of outstanding code violations resulting in the non-issuance of a certificate, the owner or the elevator company may petition the commissioner of labor for a waiver. Said petition shall be in writing, provide reasons, demonstrate that the enforcement of a particular rule is burdensome, and be submitted before construction commences. No waiver shall be granted that compromises public safety. No waiver shall be granted on economic consideration only. Any waiver so granted shall remain in effect for the time period granted by the department based on the circumstances involved or information contained in a petition for waiver, but no longer than the life of the elevator or accessibility lift or until such time as the elevator or accessibility lift requires alteration as authorized by RSA 157-B:4 and RSA 157-B:9.

History

#4020, eff 3-21-86; ss by #5108, eff 4-2-91, EXPIRED: 4-2-97
#6844, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRES: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

Part Lab 1303 Procedure for Licensing Elevator and Accessibility Lift Mechanics and Inspectors

N.H. Code Admin. R. Ann. Lab 1303.01 Purpose {#sec-lab-1303.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1303.01}

A licensing procedure for elevator and accessibility lift mechanics and inspectors was created by the legislature. These rules are intended to carry out the intent of RSA 157-B by establishing standards for the licensing and regulation of elevator and accessibility lift mechanics and inspectors.

History

#6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1303.02 Prohibitions {#sec-lab-1303.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1303.02}

(a) No person shall work as a constructor, maintainer, or repairer in the installation, maintenance, or repair of elevator or accessibility lift controls and including all items inside the machine room and the hoistway, except the following when coordinated with a New Hampshire licensed elevator or accessibility lift mechanic as applicable:

(1) The elevator phone;

(2) The elevator lighting;

(3) The elevator flooring;

(4) The smoke detector and heat detector;

(5) The sprinklers;

(6) The elevator shaft and machine room enclosures;

(7) The vents located in the elevator shaft and machine room enclosures;

(8) The building heating and cooling systems; and

(9) Sump pump and piping.

(b) No person shall inspect elevators, as defined in RSA 157-B:2 IV, or accessibility lifts, as defined in RSA 157-B:2, V, pursuant to RSA 157-B:5 without first having secured a license under the provisions of RSA 157-B:8 and these rules.

History

#6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1303.03 Application Requirements {#sec-lab-1303.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1303.03}

(a) The person applying for a license under the provisions of RSA 157-B:8 or RSA 157-B:8-a shall supply the following on or attached to the “Elevator License Application” (May 2025):

(1) The person’s name, home address, email address, and telephone number;

(2) The name, address, telephone number, and federal ID number of the company that the applicant is employed by;

(3) If applying for an elevator or accessibility lift mechanic's license, a photocopy of the applicant's current license, if any, with number, expiration date, and date when first issued;

(4) If applying for an elevator or accessibility lift inspector's license, a photocopy of the applicant's current license, if any, with number, expiration date, and date when first issued;

(5) An indication whether the application is for an initial license, a reinstatement, or renewal license and whether for an elevator mechanic or elevator inspector license, or for an accessibility lift mechanic or accessibility lift inspector license;

(6) A list of all related work experience and total hours worked on elevators or accessibility lifts for the number of years required by RSA 157-B:8 or RSA 157-B:8-a;

(7) The name and telephone number for each person who can verify the work experience listed;

(8) An indication whether the applicant has ever had a license suspended, revoked, limited, or denied in this or any other jurisdiction;

(9) If applicable, an explanation of the suspension, revocation, limitation, or denial of the applicant’s license in this or any other jurisdiction; and

(10) The fee specified by RSA 157-B:8 or RSA 157-B:8-a, as applicable.

(b) The person listed pursuant to (a)(7) above shall be a person with personal knowledge of the applicant's professional abilities.

(c) The person applying for a license under the provisions of RSA 157-B:8 or RSA 157-B:8-a with a request to be issued a license without taking the examination shall attach to the application form a statement which supports the information submitted pursuant to (a)(6) above by the person named in (a)(7) above.

(d) When meeting the requirements of (a)(3) or (a)(4) above, as applicable, the applicant submitting a license from another state shall include documentation to demonstrate that the standard of examination, certification, or licensure is equal to that of this state and demonstrating the applicant's technical and practical knowledge of codes at least equal to RSA 157-B and Lab 1302.

History

#6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1303.04 Information Evaluated {#sec-lab-1303.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1303.04}

(a) The information submitted on or attached to form “Elevator License Application” (May 2025) shall be evaluated by the department as set forth in this section.

(b) The department shall first verify compliance with Lab 1303.03.

(c) Information supplied pursuant to Lab 1303.03 which is not clear or does not result in an immediate rejection shall be evaluated as follows:

(1) The department shall verify the applicant's identity;

(2) The department shall verify the work experience as provided meets the requirements set forth in RSA 157-B:8 or RSA 157-B:8-a;

(3) If applicable, the department shall verify that the applicant's license is current whether issued by this state or another jurisdiction;

(4) The department shall verify the applicant's work experience within this state; and

(5) If applicable, the department shall compare any information supplied when meeting the requirements of Lab 1303.03.

History

#6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1303.05 Examination Required {#sec-lab-1303.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 1303.05}

(a) Upon the department's approval of a completed application form “Elevator License Application,” the applicant shall be entitled to one examination providing the following minimum experience is met:

(1) For an accessibility lift mechanic license:

a. Two years of documented experience working as a accessibility lift mechanic’s helper or apprentice with an average of 1,800 hours in each year over the 2-year period, in this state directly under a licensed New Hampshire accessibility lift mechanic; or

b. Three consecutive years holding an out-of-state certificate or license of competency working as an accessibility lift mechanic an average of 1,800 hours in each year over the 3-year period;

(2) For an accessibility lift inspector’s license, 2 years of experience working as an accessibility lift mechanic in New Hampshire;

(3) For an elevator mechanic license:

a. Two years of documented experience as an elevator mechanic’s helper or apprentice with an average of 1,800 hours in each year over the 2-year period, working in this state directly under a licensed New Hampshire elevator mechanic; or

b. Three consecutive years holding an out-of-state certificate or license of competency working as an elevator mechanic an average of 1,800 hours in each year over the 3 year period; or

(4) For an elevator inspector’ license, 2 years of experience working as an elevator mechanic in New Hampshire.

(b) The examination shall be in 2 parts, as follows:

(1) A written part consisting of true; or false, multiple choice, short answer and essay questions to allow the applicant to demonstrate technical and practical knowledge of elevator and accessibility lifts, as applicable and the codes adopted by this state in RSA 157-B:3 and 4 and Lab 1302; and

(2) Upon successful completion on the written part, above, an oral part consisting of verbal questions and answers to demonstrate the applicant's working knowledge of all functions and operations of all equipment as adopted by this state in Lab 1302.

(c) The department shall notify the applicant in writing of the next scheduled exam date at least 14 days in advance of the examination date.

(d) The department shall schedule the examination no later than 60 days from the date the completed application is received and approved by the department.

(e) If the applicant completes both parts of the exam (b)(1) and (2), above, with at least 70% accuracy, the applicant shall be issued a license.

(f) If the applicant fails the examination and wants to re-take the exam, the applicant shall re-apply, and the department shall notify the applicant in writing of the newly scheduled examination date.

History

#6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1303.06 Examination Not Required {#sec-lab-1303.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 1303.06}

Upon the department's approval of a completed application form “Elevator License Application” (May 2025), an applicant shall be issued a license without examination, providing that the following are met:

(a) The applicant for an accessibility lift inspector’s or elevator inspector’s license shall have demonstrated pursuant to Lab 1303.03(a)(1) that the applicant has at least 1,800 hours of the required experience each year during the previous 5 consecutive years within New Hampshire;

(b) The experience required for an accessibility lift inspector’s license in (a) above shall be experience working as a licensed accessibility lift mechanic an average of 1,800 hours in each year over the 5-year period;

(c) The experience required for an elevator inspector’s license in (a) above shall be experience working as a licensed elevator mechanic an average of 1,800 hours in each year over the 5-year period; and

(d) An examination shall not be required if the applicant holds a license issued by a state that meets the requirements of Lab 1303.03(d).

History

#6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1303.07 Renewal License {#sec-lab-1303.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 1303.07}

(a) Every licensee shall file a completed form “Elevator License Application” (May 2025) at least 30 days prior to the expiration of the current license together with the renewal application fee.

(b) The applicant for a renewal license shall supply the information required in Lab 1303.03(a)(1)-(5) and (8).

History

#6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1303.08 Licensing and Fees {#sec-lab-1303.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 1303.08}

(a) The commissioner shall issue a license to any person who qualifies for the license under the provisions of RSA 157-B:8 or 157-B:8-a, as applicable, and these rules upon payment of the non-refundable fee.

(b) A renewal fee pursuant to RSA 157-B:8 or 157-B:8-a, as applicable, shall be charged upon application for renewal license providing that the application is filed within 30 days from expiration date.

(d) Reinstatement of a revoked or expired license that has been revoked or expired for more than one year shall require re-examination.

History

#6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1303.09 Revocation of License {#sec-lab-1303.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 1303.09}

(a) Any license issued under RSA 157-B:8 or RSA 157-B:8-a, after notice and opportunity for a hearing, shall be revoked by the department if:

(1) The licensee violated any statute, rule, or code adopted thereunder relative to elevators or accessibility lift; or

(2) The licensee falsified any documentation submitted to the department of labor.

(b) Upon revocation, the department shall notify the holder of the effective date thereof.

(d) Except as provided in (e) below, if the licensee fails to appear at a hearing, the department shall enter a default judgment and suspend the licensee's license after 7 days from the date of the scheduled hearing and until such time as the licensee arranges for a hearing and is present at the scheduled hearing.

(e) There shall be no revocation if the department determines, based upon information supplied in writing by the licensee within 7 days of the originally scheduled hearing, that the licensee had good cause for failing to appear at the hearing. Good cause shall include illness, accident, the death of a family member, or similar problem beyond the control of the licensee.

(f) No one shall perform work for which a license is required pursuant to RSA 157-B:8-a and Lab 1300 after the revocation or expiration of their license.

(g) No one shall perform inspections pursuant to RSA 157-B:8 and Lab 1300 after the revocation or expiration of their license.

History

#6368, eff 10-31-96; ss by #6845, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07 (from Lab 1303.10); ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

Part Lab 1304 Procedure for Reporting Elevator and Accessibility Lift Accident

N.H. Code Admin. R. Ann. Lab 1304.01 Purpose {#sec-lab-1304.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1304.01}

The duty to report elevator and accessibility lift accidents was created by the legislature. These rules are intended to carry out the intent of RSA 157-B:15 by describing the information the department of labor requires the owner to report.

History

#6846, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1304.02 Reporting an Accident {#sec-lab-1304.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1304.02}

(a) Pursuant to RSA 157-B:15, an owner of an elevator or accessibility lift, as outlined in Lab 1302, shall report an accident, whether or not it results in injury to a person or damage to the equipment, within 48 hours after its occurrence to the department of labor.

(b) An owner of an elevator or accessibility lift shall supply the following information on form “Elevator Accident Report” (May 2025):

(1) The New Hampshire identification number;

(2) The date of the report to the owner;

(3) The owner or lessee's legal name and telephone number;

(4) The owner or lessee's mailing address, email address and name and telephone number of the person submitting the report;

(5) The location of the building where the accident occurred;

(6) The date of the accident;

(7) The time of the accident;

(8) The date the accident was reported to the equipment owner or lessee;

(9) A description of the accident;

(10) Whether or not there was an injury and if there was, the following information:

a. The name, address, and phone number of the injured person;

b. The nature and location of the injury; and

c. Whether the injury was fatal;

(11) The date of the last inspection;

(12) Whether a certificate was issued;

(13) Whether or not there was damage to any equipment, and if there was, a description of the damage;

(14) If applicable, the name, telephone number, and address of each witness; and

(15) Whether an elevator inspector, an elevator mechanic, or an accessibility lift mechanic was notified and if one was:

a. The name and license number of that person;

b. The time and date of the notification; and,

c. A copy of the elevator inspection or mechanic report of the accident and findings.

(16) The date reported to the department of labor.

History

#6846, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1304.03 Investigation {#sec-lab-1304.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1304.03}

(a) If the information supplied pursuant to Lab 1304.02 is unclear, the department shall contact the owner named on the inspection report or the elevator company named on the inspection report or any witnesses or injured parties named on the inspection report to obtain clarification of the information.

(b) The department shall further investigate the reported accident by taking the following actions:

(1) After a review of the accident report, the department shall make a record of the report and take no further action if it is determined that:

a. The accident was not a result of equipment failure;

b. The accident did not result in any damage to the equipment; and

c. The accident did not result in bodily injury to a person;

(2) If the elevator inspector's findings submitted in accordance with Lab 1304.02(a)(15)c show that a code violation exists that will, more likely than not, cause another accident if not corrected immediately, the commissioner shall authorize the elevator inspector to make an emergency suspension of the inspection certificate under RSA 157-B:6, II until the department performs an inspection in accordance with (3) below;

(3) The department shall perform an inspection of the elevator or accessibility lift to determine if the elevator or accessibility lift meets the requirements of the codes adopted pursuant to Lab 1302; and

(4) If the elevator or accessibility lift fails the inspection, the inspector shall furnish the owner with a report of the violations found in accordance with the code adopted pursuant to Lab 1302, and the department of labor shall order that:

a. The elevator or accessibility lift be brought into compliance with the codes pursuant to Lab 1302 within 15 days from the date of the inspection; or

b. The elevator or accessibility lift certificate shall be suspended immediately under RSA 157-B:6, I until such time that the elevator or accessibility lift has been brought into compliance with the codes adopted pursuant to Lab 1302.

(c) If the elevator or accessibility lift certificate is suspended by the commissioner, the department shall commence a hearing within 10 days, or the suspension shall be automatically lifted.

History

#6846, eff 9-1-98; ss by #8706, INTERIM, eff 8-19-06, EXPIRED: 2-15-07
#8880, eff 4-28-07; ss by #10715, eff 11-10-14; ss by #14313, eff 7-11-25, EXPIRES: 7-11-35

Part Lab 1305 Procedure for Inspection of Elevators and Accessibility Lifts

N.H. Code Admin. R. Ann. Lab 1305.01 Purpose {#sec-lab-1305.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1305.01}

As of the 2025 effective date of this part, elevators and accessibility lifts shall be inspected according to applicable safety codes pursuant to legislative authority.

History

#14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1305.02 Reports of Inspections {#sec-lab-1305.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1305.02}

Reports of inspections under this Part shall be completed on the form “Elevator Inspection Report” (May 2025) produced and maintained by the department.

History

#14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1305.03 New Elevators and Accessibility Lifts; Construction {#sec-lab-1305.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1305.03}

(a) Detailed plans for the construction and implementation of a new elevator or accessibility lift, as such unit is defined in RSA 157-B:2, shall be submitted to the department for approval before construction may begin.

(b) The department shall inspect the new elevator or accessibility lift, once constructed, and the department’s approval shall be required before the new unit is released to the facility owner to be operated.

(d) Upon completing a passing inspection, the department shall issue a certificate. The department shall void that certificate if the owner fails to pay the required fee within 30 days.

(e) The inspection shall not be complete until the department has issued a certificate certifying the unit.

History

#14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1305.04 Existing Elevators and Accessibility Lifts; Alterations {#sec-lab-1305.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1305.04}

(a) Detailed plans for the alteration of an existing elevator or accessibility lift, as such unit is defined in RSA 157-B:2, shall be reviewed and approved by the department before any step in such alteration begins.

(b) The alteration shall satisfy the current ASME code in effect at the time the plans for the alteration is approved.

(c) The department shall inspect the alteration, once completed, and the department’s approval shall be required before the altered unit is released to the facility owner to be operated.

(d) The owner shall coordinate the required inspection through the department.

(e) The inspection shall not be complete until the department has certified the unit.

History

#14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1305.05 Suspension of Certificate of Operation; Failed Inspection {#sec-lab-1305.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 1305.05}

(a) If an elevator or accessibility lift fails inspection, the owner or owner’s designee shall be apprised of the reasons for the failure, citing specific references to applicable sections of RSA Chapter 157-B, and the steps needed to be taken to cure the deficiencies.

(b) If an elevator or accessibility lift fails inspection, the department shall provide 30 days to cure the violation.

(c) Notwithstanding (b) above, if the elevator or accessibility lift, as determined by the inspector, will endanger life or limb, the department shall immediately suspend the right to operate the unit.

(d) The owner or owner’s designee may request that a certificate to operate an elevator or

accessibility lift be suspended for the purpose of making needed repairs to the unit. A service fee shall be assessed in accordance with Lab 1305.07.

(e) Once repairs or deficiencies prompting suspension have been corrected, the owner or owner’s designee shall notify the department so that it can arrange to inspect the elevator or accessibility lift for compliance.

(f) Before a suspended elevator or accessibility lift can be returned to operation, all issues

identified in the suspension order shall be corrected and shall be cleared through an inspection performed by a licensed inspector.

History

#14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1305.06 Illegal Operation {#sec-lab-1305.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 1305.06}

(a) If an elevator or accessibility lift is determined to be operating without a valid certificate and outside the period provided by the department to cure the violation, the unit shall be taken out of service and the right to operate it suspended until the department has issued a new and valid certificate allowing the unit to be operated.

(b) If an elevator or accessibility lift is found to be operating in error under Lab 1305.05(a) above, and its operation suspended, the owner or owner’s designee shall be notified, and apprised of the procedure for reinstating the right to operate the unit.

(c) Following suspension for illegal operation, the elevator or accessibility lift shall be inspected in accordance with the code or rule that applied during the year it was installed as well as in accordance with any later codes or rules applicable to any specific alterations made to the elevator or accessibility lift.

History

#14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1305.07 Inspection Fees Charged to Owners {#sec-lab-1305.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 1305.07}

(a) The department shall charge a minimum of $100.00 for inspections performed by its employees.

(b) Inspections requiring more than one hour shall be charged at the rate of $100.00 per hour calculated in half hour increments.

History

#14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1305.08 Expiration of Approved Plans {#sec-lab-1305.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 1305.08}

Approved plans for installation of a new elevator, new accessibility lift, or alteration shall remain in effect for a period of 3 years from the date the plans were approved and shall expire if construction has not then commenced.

History

#14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1305.09 Certificates: Issuance {#sec-lab-1305.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 1305.09}

(a) Certificates of operation shall be issued and be in effect for a period of 12 months from the date of the initial inspection.

(b) Subsequent annual inspections shall be completed within the month of the initial inspection.

(d) Should the owner want to change the date of the annual inspection, it shall request that change in writing and submit the request before the then-effective certificate expires.

History

#14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1305.10 Owner’s Lessee {#sec-lab-1305.10 omnilex-key=us-nh-regs-official--agency-lab--Lab 1305.10}

If the owner intends to obligate its lessee to comply with these rules jointly with the owner, it shall provide the department with a legible copy of the lease and shall provide the department, in writing, with the identity, mailing address, and contact information of the lessee.

History

#14313, eff 7-11-25, EXPIRES: 7-11-35

N.H. Code Admin. R. Ann. Lab 1305.11 Changes of Address {#sec-lab-1305.11 omnilex-key=us-nh-regs-official--agency-lab--Lab 1305.11}

(a) The holder of title to the building in which the elevator or accessibility lift is located shall submit to the department, in writing, any changes of address applicable to the owner or the lessee.

(b) Any changes of address under Lab 1305.11(a) shall be reflected in the “Elevator Inspection Report Form” (May 2025).

APPENDIX I

Rule

Specific State Statute the Rule Implements

Lab 1301

RSA 157-B:2 - 18

Lab 1302

RSA 157-B:3 - 4

Lab 1303

RSA 157-B:8; RSA 157-B:8-a

Lab 1304

RSA 157-B:15

Lab 1305

RSA 157-B:3-6

Rule

Title

Obtain at:

Lab 1302.01 and Lab 1302.03

American Standard Safety Code A-17.1-1965 and A-17.1a-1967 and A-17.1b-1968

American Society of Mechanical Engineers, Three Park Ave. New York, NY 10016-5990. Telephone: 1-800-662-1545 opt 3. E-mail: requests@lindahall.org

The cost $98.75 for all 3, 341 pages.

Lab 1302.02

ANSI/ASME A-17.3-1986

American Society of Mechanical Engineers, Three Park Ave. New York, NY 10016-5990. Telephone: 1-800-662-1545 option 3. E-mail: requests@lindahall.org

The cost is $34.75

APPENDIX II

History

#14313, eff 7-11-25, EXPIRES: 7-11-35

Chapter Lab 1400 Safety and Health of Employees

Part Lab 1401 Scope of Rules

N.H. Code Admin. R. Ann. Lab 1401.01 Safety and Health of Employees {#sec-lab-1401.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1401.01}

Scope. This part is intended to carry out the intent of RSA 281-A:64 and RSA 277:16 by establishing procedures and rules for workplace safety inspections.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1401.02 Applicability {#sec-lab-1401.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1401.02}

These rules shall be applicable to all public employees’ workplaces including workplaces in buildings, sheds, structures, offices, sites, or places owned or leased by the state of New Hampshire or by any political subdivision of the state, including all places used in connection with employee activity at a place of employment in the state. The following requirements shall not preclude compliance with RSA 155-A, the state building code, or other state or federal laws, rules, regulations, or codes. If a conflict should arise between these rules and any other applicable law, rule, regulation, or code, these rules shall not supersede the more protective requirements.

History

#8796, eff 1-11-07 (from Lab 1401.01); ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Part Lab 1402 Definitions

N.H. Code Admin. R. Ann. Lab 1402.01 Acceptable entry conditions {#sec-lab-1402.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.01}

“Acceptable entry conditions” mean the conditions that need to be met in a permit space to allow entry and to ensure that employees involved with a permit-required confined space entry can safely enter and work within the space.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.02 Attendant {#sec-lab-1402.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.02}

“Attendant” means an individual stationed outside one or more permit spaces who monitors the authorized entrants and who performs all attendant’s duties assigned in the employer’s permit-space program.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.03 Authorized entrant {#sec-lab-1402.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.03}

“Authorized entrant” means an employee who is authorized by the employer to enter a permit space.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.04 Blanking or blinding {#sec-lab-1402.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.04}

“Blanking or blinding” means the absolute closure of a pipe, line, or duct by the fastening of a solid plate such as a spectacle blind or a skillet blind, that completely covers the bore and that can withstand the maximum pressure of the pipe, line, or duct with no leakage beyond the plate.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.05 Category I flammable {#sec-lab-1402.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.05}

“Category I flammable” means a liquid with a flashpoint below 73.4 °F and a boiling point at or below 95 °F.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.06 Category II flammable {#sec-lab-1402.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.06}

“Category II flammable” means a liquid with a flashpoint below 73.4 °F and a boiling point above 95 °F.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.07 Category III flammable {#sec-lab-1402.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.07}

“Category III flammable” means a liquid with a flashpoint at or above 73.4 °F and at or below 140 °F. When a category III liquid with a flashpoint at or above 100 °F is heated for use to within 30 °F of its flashpoint, the liquid needs to be handled in accordance with the requirements for a category III liquid with a flashpoint below 100 °F.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.08 Category IV flammable {#sec-lab-1402.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.08}

“Category IV flammable” means a liquid with a flashpoint above 140 °F and at or below 199.4 °F. When a category IV flammable liquid is heated for use to within 30 °F of its flashpoint, the liquid needs to be handled in accordance with the requirements for a category III liquid with a flashpoint at or above 100 °F. When liquid with a flashpoint greater than 199.4 °F is heated for use to within 30 °F of its flashpoint, the liquid needs to be handled in accordance with the requirements for a Category IV flammable liquid.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.09 Competent person {#sec-lab-1402.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.09}

“Competent person” means one who can identify existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has the authority to take prompt corrective measures to eliminate them.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35 (formerly Lab 1402.01)

N.H. Code Admin. R. Ann. Lab 1402.10 Confined space {#sec-lab-1402.10 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.10}

“Confined space” means a space that meets the following criteria:

(a) Is large enough and so configured that an employee can bodily enter and perform assigned work;

(b) Has limited or restricted means for entry or exit; and

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35 (formerly Lab 1402.02)

N.H. Code Admin. R. Ann. Lab 1402.11 Double block and bleed {#sec-lab-1402.11 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.11}

“Double block and bleed” means the closure of a line, duct, or pipe by closing and locking or tagging 2 in-line valves and by opening and locking or tagging a drain or vent valve in the line between the 2 closed valves.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.12 Emergency {#sec-lab-1402.12 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.12}

“Emergency” means any occurrence, including any failure of hazard control or monitoring equipment, or event internal or external to the permit space that could endanger entrants.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.13 Engulfment {#sec-lab-1402.13 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.13}

“Engulfment” means the surrounding and effective capture of a person by a liquid or finely divided or flowable solid substance that can be aspirated to cause death by filling or plugging the respiratory system or that can exert enough force on the body to cause death by strangulation, constriction, or crushing.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.14 Entry {#sec-lab-1402.14 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.14}

“Entry” means the action by which a person passes through an opening into a permit-required confined space. Entry includes ensuing work activities in that space and is considered to have occurred as soon as any part of the entrant's body breaks the plane of an opening into the space.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.15 Entry permit {#sec-lab-1402.15 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.15}

“Entry permit” means the written or printed document that is provided by the employer to allow and control entry into a permit space and that contains the information specified in Lab 1403.14(k).

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.16 Entry supervisor {#sec-lab-1402.16 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.16}

“Entry supervisor” means the person responsible for determining if acceptable entry conditions are present at a permit space where entry is planned, for authorizing entry and overseeing entry operations, and for terminating entry as required by Lab 1403.14 (n), (o), and (p).

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.17 Fixed location {#sec-lab-1402.17 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.17}

“Fixed location” means all buildings, offices, garages, or other permanent structures which serve as a regular place of employment.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06
#8796, eff 1-11-07 (formerly Lab 1402.04); ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35 (formerly Lab 1402.03)

N.H. Code Admin. R. Ann. Lab 1402.18 Flagger {#sec-lab-1402.18 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.18}

“Flagger” means all personnel, including uniformed police officers, who conducts temporary traffic control (TTC) on roads where 2 lanes of vehicle traffic have been reduced to one lane.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06
#10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35 (formerly Lab 1402.04)

N.H. Code Admin. R. Ann. Lab 1402.19 Flammable liquid {#sec-lab-1402.19 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.19}

“Flammable liquid” means any liquid with a flashpoint at or below 200 °F.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.20 Flammable liquid container {#sec-lab-1402.20 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.20}

“Flammable liquid container” means a glass, plastic, or metal container sealed by a lid or other device that neither liquid nor vapor can escape from at ordinary temperatures.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.21 Flammable storage cabinet {#sec-lab-1402.21 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.21}

“Flammable storage cabinet” means a wooden or steel gauged unit designed to store flammable liquids safely.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.22 Flashpoint {#sec-lab-1402.22 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.22}

“Flashpoint” means the minimum temperature at which a liquid gives off enough vapor to form an ignitable mixture.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.23 Hazardous atmosphere {#sec-lab-1402.23 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.23}

“Hazardous atmosphere” means an atmosphere that might expose employees to the risk of death, incapacitation, impairment of ability to self-rescue, injury, or acute illness from one or more of the following causes:

(a) Flammable gas, vapor, or mist in excess of 10 percent of its lower flammable limit (LFL);

(b) Airborne combustible dust at a concentration that meets or exceeds its LFL;

(d) Any other atmospheric condition that is immediately dangerous to life or health.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.24 Hazardous location {#sec-lab-1402.24 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.24}

“Hazardous location” means a location that has flammable gases, vapors, poisonous fumes, ignitable materials, or explosive atmospheres.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.25 Hospitalization {#sec-lab-1402.25 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.25}

“Hospitalization” means care in a hospital that includes admission as an inpatient and an overnight stay.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06
#12904, eff 10-23-19; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35 (formerly Lab 1402.05)

N.H. Code Admin. R. Ann. Lab 1402.26 Hot work permit {#sec-lab-1402.26 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.26}

“Hot work permit” means the employer's written authorization to perform operations capable of providing a source of ignition.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.27 Immediately dangerous to life or health {#sec-lab-1402.27 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.27}

“Immediately dangerous to life or health” means any condition that poses an immediate or delayed threat to life or that would cause irreversible adverse health effects or that would interfere with an individual's ability to escape unaided from a permit space.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.28 Inerting {#sec-lab-1402.28 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.28}

“Inerting” means the displacement of the atmosphere in a permit space by a noncombustible gas to such an extent that the resulting atmosphere is noncombustible.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.29 Isolation {#sec-lab-1402.29 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.29}

“Isolation” means the process by which a permit space is removed from service and completely protected against the release of energy and material into the space by such means as:

(a) Blanking or blinding;

(b) Misaligning or removing sections of lines, pipes, or ducts;

(d) Lockout or tagout of all sources of energy; or

(e) Blocking or disconnecting all mechanical linkages.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.30 Ladder {#sec-lab-1402.30 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.30}

“Ladder” means a device with rungs, steps, or cleats used to gain access to a different elevation.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.31 Line breaking {#sec-lab-1402.31 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.31}

“Line breaking” means the intentional opening of a pipe, line, or duct that is or has been carrying flammable, corrosive, or toxic material, an inert gas, or any fluid at a volume, pressure, or temperature capable of causing injury.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.32 Non-permit confined space {#sec-lab-1402.32 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.32}

“Non-permit confined space” means a confined space that does not contain or, with respect to atmospheric hazards, have the potential to contain any hazard capable of causing death or serious physical harm.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.33 Oxygen deficient atmosphere {#sec-lab-1402.33 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.33}

“Oxygen deficient atmosphere” means an atmosphere containing less than 19.5 percent oxygen by volume.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.34 Oxygen enriched atmosphere {#sec-lab-1402.34 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.34}

“Oxygen enriched atmosphere” means an atmosphere containing more than 23.5 percent oxygen by volume.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.35 Permit-required confined space {#sec-lab-1402.35 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.35}

“Permit-required confined space” means a confined space that has one or more of the following characteristics:

(a) Contains or has a potential to contain a hazardous atmosphere;

(b) Contains a material that has the potential for engulfing an entrant;

(c) Has an internal configuration such that an entrant could be trapped or asphyxiated by inwardly converging walls or by a floor which slopes downward and tapers to a smaller cross-section; or

(d) Contains any other recognized serious safety or health hazard.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.36 Permit-required confined space program {#sec-lab-1402.36 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.36}

“Permit-required confined space program” means the employer's overall program for controlling, and, where appropriate, for protecting employees from, permit space hazards and for regulating employee entry into permit spaces.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.37 Permit system {#sec-lab-1402.37 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.37}

“Permit system” means the employer's written procedure for preparing and issuing permits for entry and for returning the permit space to service following termination of entry.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.38 Portable tank {#sec-lab-1402.38 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.38}

“Portable tank” means a closed container with a liquid capacity over 60 gallons not intended for fixed installation.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.39 Prohibited condition {#sec-lab-1402.39 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.39}

“Prohibited condition” means any condition in a permit space that is not allowed by the permit during the period when entry is authorized.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.40 Rescue service {#sec-lab-1402.40 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.40}

“Rescue service” means the personnel designated to rescue employees from permit spaces.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.41 Retrieval system {#sec-lab-1402.41 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.41}

“Retrieval system” means all equipment used for non-entry rescue of persons from permit spaces, using retrieval lines, harnesses, wristlets, lifting devices, or anchors.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.42 Rigging equipment {#sec-lab-1402.42 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.42}

“Rigging equipment” means all wire ropes, chains, webbing, straps, ropes, slings, and any similar equipment, with their attachments and components, used alone or in combination, to lift, lower, or move heavy materials.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.43 Safety can {#sec-lab-1402.43 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.43}

“Safety can” means a container of not more than 5 gallons capacity with a spring-closing lid and spout cover designed to safely relieve internal pressure when subjected to fire exposure.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.44 Shock loading {#sec-lab-1402.44 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.44}

“Shock loading” means a sudden and drastic increase of load.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1402.45 Testing {#sec-lab-1402.45 omnilex-key=us-nh-regs-official--agency-lab--Lab 1402.45}

“Testing” means the process by which the hazards that might confront entrants of a permit space are identified and evaluated. Testing includes specifying the tests that are to be performed in the permit space.

History

#14431, eff 11-22-25, EXPIRES: 11-22-35

Part Lab 1403 Rules for Employee Safety and Health

N.H. Code Admin. R. Ann. Lab 1403.01 Safety and Health Requirements {#sec-lab-1403.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.01}

(a) Each employer shall furnish to each of its employees employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm to its employees.

(b) Each employee shall comply with all safety rules and regulations that are applicable to the employee’s own actions and conduct.

(c) The employer shall instruct each employee in the recognition and avoidance of unsafe conditions and in the rules applicable to the employee’s work environment to control or eliminate any hazards or other exposure to illness or injury.

(d) The use of any machinery, tool, material, or equipment which is not in compliance with any applicable requirement of this chapter shall be prohibited.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.02 Abrasive Blasting {#sec-lab-1403.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.02}

The employer shall ensure compliance with the following requirements:

(a) Blast cleaning nozzles shall be equipped with an operating valve which shall be held open manually. A support shall be provided on which the nozzle can be mounted when not in use; and

(b) Blast cleaning enclosures shall be exhaust ventilated in such a way that a continuous inward flow of air shall be maintained at all openings in the enclosure during the blasting operation.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.03 Abrasive Grinding {#sec-lab-1403.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.03}

The employer shall ensure compliance with the following requirements:

(a) Abrasive wheels shall be used only on machines provided with safety guards;

(b) The following shall be exempt from the safety guard requirements:

(1) Wheels used while within the material being ground; and

(2) Mounted wheels, used in portable operations, 2 inches and smaller in diameter;

(c) Abrasive wheel safety guards for bench and floor stands and for cylindrical grinders shall not expose the grinding wheel periphery for more than 65 degrees above the horizontal plane of the wheel spindle. The protecting member shall be adjustable for variations in wheel size so that the distance between the wheel periphery and adjustable tongue or end of the peripheral member at the top shall never exceed 1/4 inch;

(d) Abrasive wheel safety guards shall cover the spindle end, nut, and flange projections;

(e) An adjustable work rest of rigid construction shall be used to support the work on offhand grinding machines. Work rests shall be kept adjusted closely to the wheel with a maximum clearance of 1/8 inch;

(f) Machines designed for a fixed location shall be securely anchored to prevent movement, or designed in such a manner that in normal operation they shall not move; and

(g) All abrasive wheels shall be closely inspected and ring-tested before mounting to insure that they are free from defects.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.04 Accident Reporting Requirements for Fatality and Serious Injury {#sec-lab-1403.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.04}

(a) Within 8 hours after its occurrence, the employer shall report an employment accident which is fatal to one or more employees to the commissioner of labor. Notification may be given by telephone by calling (603) 271-6294 or via e-mail at Safety@dol.nh.gov.

(b) The reporter shall include the following information:

(1) Date and time of fatality;

(2) Location of fatality;

(3) Cause of death; and

(4) Place where the body of the deceased person was sent.

(c) Within 24 hours after the occurrence of a workplace injury which necessitates hospitalization for a serious injury for one or more employees, the employer shall report the employment accident to the commissioner of labor. Notification may be given by telephone by calling (603) 271-0127 or 271-6850 or via email to Safety@dol.nh.gov.

(d) The reporter shall include the following information;

(1) Date of injury;

(2) Time of injury;

(3) Cause of the injury;

(4) Place where the injured person was sent for medical evaluation or treatment; and

(5) Place where the injured person was hospitalized.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #12904, eff 10-23-19; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.05 Aerial Lifts {#sec-lab-1403.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.05}

(a) This section shall not apply to fire fighting apparatus.

(b) Prior to the use of an aerial-lift device, a visual inspection and operational check shall be made by a competent person in accordance with the manufacturer’s and owner’s instructions.

(c) Operators of aerial-lift equipment shall be provided with some means of anchorage to which a safety belt or lanyard can be secured to the buckets, platforms, or booms.

(d) The combined load, including workers, material, and tools, shall not exceed the rated lift capacity as stated by the manufacturer. Such rated lift capacity shall be conspicuously and permanently posted on the lift.

(e) When operating an aerial-lift device, the operator shall look in the direction of travel of the bucket and be aware of the booms in relation to all other objects and hazards.

(f) All hoses affecting the nonconductive characteristics of equipment shall be made of nonconductive material. Hydraulic fluids for insulated equipment shall be of the insulating type.

(g) An aerial-lift truck shall not be moved when the boom is elevated in a working position with workers in the basket, except for equipment that is specifically designed for this type of operation. The booms of a fully articulated aerial device shall not be considered elevated in a working position when the basket is directly in front of or behind the truck with the booms held as low as feasible and low enough so that the operator’s head is below the highest point of the vehicle.

(h) During aerial-lift operations, workers not engaged in line clearance shall maintain a minimum clearance of 10 feet from energized conductors rated 50 kV phase-to-phase or less. For lines rated over 50 kV phase-to-phase the minimum clearance shall be 10 feet plus .4 inches for each kilovolt over 50 kV phase-to-phase.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.06 Air Tools {#sec-lab-1403.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.06}

The employer shall ensure compliance with the following requirements:

(a) Pneumatic power tools shall be secured to the hose or whip with a locking mechanical connector to prevent accidental disconnection;

(b) Safety clips or retainers shall be securely installed and maintained on pneumatic impact tools to prevent attachments from being accidentally expelled;

(d) All hoses exceeding 1/2 inch inside diameter shall have a safety device at the source of supply or branch line to reduce pressure in case of hose failure.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.07 Belt Sanding Machines {#sec-lab-1403.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.07}

The employer shall ensure that belt sanding machines shall be provided with guards at each nip point where the sanding belt runs onto a pulley.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.08)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.08 Blood Borne Pathogens {#sec-lab-1403.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.08}

To eliminate or minimize employee exposure to human body fluids or infectious waste, the employer shall ensure that the following safety work practices shall be followed:

(a) All human blood and body fluids shall be treated as if known to be infectious for HIV, HBV, and other blood borne pathogens;

(b) Employees responding to emergencies or other situations where blood or body fluids are present shall wear single use disposable gloves, such as surgical or examination gloves, wash hands after removal of gloves, and wear eye protection when blood or other potentially infectious materials might be splashed; and

(c) Work procedures shall include safe handling and disposal of needles and sharps, used bandages and gauze, linens, and all other items that come in contact with blood or other potentially infectious materials.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.09)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.09 Chains, Cables, Ropes, and Hooks {#sec-lab-1403.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.09}

The employer shall ensure compliance with the following requirements:

(a) Chains, cables, ropes, and hooks shall be visually inspected daily by a competent person, for deformation, cracks, excessive wear, twists, and stretch, and defective gear shall be replaced or repaired;

(b) Hoist ropes on crawler, locomotive, and truck cranes shall be free from kinks or twists and shall not be wrapped around the load; and

(c) All U-bolt wire rope clips on hoist ropes shall be installed so that the U-bolt is in contact with the short or nonload-carrying end of the rope. Clips shall be installed in accordance with the clip manufacturer’s recommendation. All nuts on newly installed clips shall be retightened after the first hour of use.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.10)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.10 Chipguards {#sec-lab-1403.10 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.10}

The employer shall ensure that protective shields or barriers shall be provided in operations involving cleaning with compressed air, to protect personnel against flying chips or other such hazards.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.11)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.11 Compressed Air Use {#sec-lab-1403.11 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.11}

The employer shall ensure that compressed air used for cleaning purposes shall not exceed 30 psi. However, this limitation shall not apply to concrete form or mill scale, or to areas where compressed air is used in a fixed process, such as attached to a machine.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.12)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.12 Compressed Gas Cylinders {#sec-lab-1403.12 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.12}

The employer shall ensure compliance with the following requirements:

(a) Valve protection caps shall be in place when compressed gas cylinders are transported, moved, or stored;

(b) Cylinder valves shall be closed when work is finished and when cylinders are empty or are moved;

(c) Compressed gas cylinders shall be secured in an upright position at all times, except if necessary for short periods of time when cylinders are actually being hoisted or carried;

(d) Cylinders shall be kept far enough away from the actual welding or cutting operation or protected by a fire resistant barrier so that sparks, hot slag, or flame will not reach them. When this is impractical, fire resistant shields shall be provided, as required by the National Fire Protection Association (NFPA) 51B and Saf-C 6008;

(e) Oxygen cylinders in storage shall be separated from fuel-gas cylinders or combustible materials a minimum distance of 20 feet or by a noncombustible barrier at least 5 feet high having a fire-resistance rating of at least 1/2 hour; and

(f) Compressed gas shall not be used for cleaning purposes.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRES: 10-09-06 (formerly Lab 1403.13)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.13 Concrete, Concrete Forms, and Shoring {#sec-lab-1403.13 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.13}

The employer shall ensure compliance with the following requirements:

(a) Employees shall not work above vertically protruding reinforcing steel, unless it has been protected to eliminate the hazard of impalement;

(b) Powered and rotating-type concrete troweling machines that are manually guided shall be equipped with a deadman-type operating control; and

(c) Formwork and shoring shall safely support all loads imposed during concrete placement. Drawings or plans of jack layout, formwork, shoring, working decks, and scaffolding systems shall be available at the jobsite.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED 10-09-06 (formerly Lab 1403.14)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.14 Confined Space Entry {#sec-lab-1403.14 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.14}

The employer shall ensure compliance with the following requirements:

(a) The employer shall evaluate the workplace to determine if any spaces are permit-required confined spaces. The employer shall perform and document a comprehensive workplace evaluation;

(b) If the workplace contains permit spaces, the employer shall inform exposed employees, by posting a sign reading “DANGER - PERMIT-REQUIRED CONFINED SPACE, DO NOT ENTER” or having similar language;

(c) If the employer decides that its employees will not enter permit spaces, the employer shall take effective measures to prevent its employees from entering the permit spaces and shall comply with the permitting requirements in paragraph (j) below;

(d) If the employer decides that its employees will enter permit spaces, the employer shall develop and implement a written permit space program that complies with paragraph (i) of this section. The written program shall always be available for inspection by employees or their authorized representatives;

(e) An employer may use the following alternate procedures in lieu of the requirements of (b) through (d) above provided:

(1) The employer:

a. Demonstrates that the only hazard posed by the permit space is an actual or potential hazardous atmosphere;

b. Demonstrates that continuous forced air ventilation alone is sufficient to maintain that permit space safe for entry;

c. Develops monitoring and inspection data that supports the demonstrations required by paragraph (e)(2) below;

d Ensure that all entry into the permit space is performed in compliance with (2) below; and

e. Make available for inspection by employees or their authorized representatives all determinations and supporting data required by (2) below;

(2) The following shall apply to entry into permit spaces set forth in (1) above:

a. Any conditions making it unsafe to remove an entrance cover shall be eliminated before the cover is removed;

b. When entrance covers are removed, the opening shall be promptly guarded by a railing, temporary cover, or other temporary barrier that prevents an accidental fall through the opening and that will protect each employee working in the space from foreign objects entering the space;

c. Before an employee enters the space, the internal atmosphere shall be tested, with a calibrated direct-reading instrument, for oxygen content, for flammable gases and vapors, and for potential toxic air contaminants, in that order. Any employee who enters the space, or that employee's authorized representative, shall be provided an opportunity to observe the pre-entry testing required by this paragraph; and

d. There shall be no hazardous atmosphere within the space whenever any employee is inside the space; and

(3) Continuous forced air ventilation shall be used as follows:

a. An employee shall not enter the space until the forced air ventilation has eliminated any hazardous atmosphere;

b. The forced air ventilation shall be so directed as to ventilate the immediate areas where an employee is or will be present within the space and shall continue until all employees have left the space;

c. The air supply for the forced air ventilation shall be from a clean source and shall not increase the hazards in the space;

d. The atmosphere within the space shall be periodically tested as necessary to ensure that the continuous forced air ventilation is preventing the accumulation of a hazardous atmosphere. Any employee who enters the space, or that employee's authorized representative, shall be provided with an opportunity to observe the periodic testing;

e. If a hazardous atmosphere is detected during entry:

i. Each employee shall leave the space immediately;

ii. The space shall be evaluated to determine how the hazardous atmosphere developed; and

iii. Measures shall be implemented to protect employees from the hazardous atmosphere before any subsequent entry takes place; and

f. The employer shall verify that the space is safe for entry and that the pre-entry measures required by e. above have been taken, through a written certification, created by the employer, that contains the date, the location of the space, and the signature of the person providing the certification. The certification shall be made before entry and shall always be available for inspection by employees or their authorized representatives;

(f) When there are changes in the use or configuration of a non-permit confined space that might increase the hazards to entrants, the employer shall reevaluate that space and, if necessary, reclassify it as a permit-required confined space;

(g) A space classified by the employer as a permit-required confined space shall only be reclassified as a non-permit confined space under the following procedures:

(1) If the permit space poses no actual or potential atmospheric hazards and if all hazards within the space are eliminated without entry into the space, the permit space shall only be reclassified as a non-permit confined space for as long as the non-atmospheric hazards remain eliminated;

(2) If it is necessary to enter the permit space to eliminate hazards, such entry shall be performed under paragraphs (b) through (i) below. If testing and inspection during that entry demonstrate that the hazards within the permit space have been eliminated, the permit space shall only be reclassified as a non-permit confined space for as long as the hazards remain eliminated;

(3) The employer shall document the basis for determining that all hazards in a permit space have been eliminated, through a certification that contains the date, the location of the space, and the signature of the person making the determination. The certification shall be always made available for inspection by employees or their authorized representatives; and

(4) If hazards arise within a permit space that has been reclassified to a non-permit space under this section, each employee in the space shall exit the space. The employer shall then reevaluate the space and determine whether it needs to be reclassified as a permit space, in accordance with other applicable provisions of this section;

(h) When an employer arranges to have employees of a contractor perform work that involves permit space entry, the host employer shall:

(1) Inform the contractor that the workplace contains permit spaces and that permit space entry is allowed only through compliance with a permit space program meeting the requirements of this section;

(2) Apprise the contractor of the elements, including the hazards identified and the host employer's experience with the space, that make the space in question a permit space;

(3) Apprise the contractor of any precautions or procedures that the host employer has implemented for the protection of employees in or near permit spaces where contractor personnel will be working;

(4) Coordinate entry operations with the contractor, when both host employer personnel and contractor personnel will be working in or near permit spaces, as required by (i)(14) below; and

(5) Debrief the contractor at the conclusion of the entry operations regarding the permit space program followed and regarding any hazards confronted or created in permit spaces during entry operations;

(i) Under the permit space program required by (d) above, the employer shall:

(1) Implement the measures necessary to prevent unauthorized entry;

(2) Identify and evaluate the hazards of permit spaces before employees enter them;

(3) Develop and implement the means, procedures, and practices necessary for safe permit space entry operations, including, but not limited to, the following:

a. Specifying acceptable entry conditions;

b. Providing each authorized entrant or that employee's authorized representative with the opportunity to observe any monitoring or testing of permit spaces;

c. Isolating the permit space;

d. Purging, inerting, flushing, or ventilating the permit space as necessary to eliminate or control atmospheric hazards;

e. Providing pedestrian, vehicle, or other barriers as necessary to protect entrants from external hazards; and

f. Verifying that conditions in the permit space are acceptable for entry throughout the duration of an authorized entry;

(4) Provide the equipment specified in (k)(13) below at no cost to employees, and maintain that equipment properly as follows:

a. Testing and monitoring equipment needed to comply with c. above;

b. Ventilating equipment needed to obtain acceptable entry conditions;

c. Communications equipment necessary to ensure communication between the entrants and the entry supervisor;

d. Personal protective equipment insofar as feasible engineering and work practice controls do not adequately protect employees;

e. Lighting equipment needed to enable employees to see well enough to work safely and to exit the space quickly in an emergency;

f. Barriers and shields as required by paragraph (i)(3)e. above;

g. Equipment needed for safe ingress and egress by authorized entrants;

h. Rescue and emergency equipment needed to comply with (p) below, except to the extent that the equipment is provided by rescue services; and

i. Any other equipment necessary for safe entry into and rescue from permit spaces;

(5) Evaluate permit space conditions as follows when entry operations are conducted:

a. Test conditions in the permit space to determine if acceptable entry conditions exist before entry is authorized to begin, except that, if isolation of the space is infeasible because the space is large or is part of a continuous system, pre-entry testing shall be performed to the extent feasible before entry is authorized and, if entry is authorized, entry conditions shall be continuously monitored in the areas where authorized entrants are working;

b. Test or monitor the permit space as necessary to determine if acceptable entry conditions are being maintained during entry operations;

c. When testing for atmospheric hazards, test first for oxygen, then for combustible gases and vapors, and then for toxic gases and vapors;

d. Provide each authorized entrant or that employee's authorized representative an opportunity to observe the pre-entry and any subsequent testing or monitoring of permit spaces;

e. Reevaluate the permit space in the presence of any authorized entrant or that employee's authorized representative who requests that the employer conduct such reevaluation because the entrant or representative has reason to believe that the evaluation of that space might not have complied with this section; and

f. Immediately provide each authorized entrant or that employee's authorized representative with the results of any testing conducted in accordance with this section;

(6) Provide at least one attendant outside the permit space into which entry is authorized for the duration of entry operations. Attendants may be assigned to monitor more than one permit space provided the duties described in paragraph (n) of this section can be effectively performed for each permit space that is monitored. Likewise, attendants may be stationed at any location outside the permit space to be monitored as long as the duties described in (n) below can be effectively performed for each permit space that is monitored;

(7) If multiple spaces are to be monitored by a single attendant, include in the permit program the means and procedures to enable the attendant to respond to an emergency affecting one or more of the permit spaces being monitored without distraction from the attendant's responsibilities under (n) below;

(8) Designate the persons who are to have active roles in entry operations, identify the duties of each such employee, and provide each such employee with the training required by (n) below;

(9) Develop and implement procedures for summoning rescue and emergency services, for rescuing entrants from permit spaces, for providing necessary emergency services to rescued employees, and for preventing unauthorized personnel from attempting a rescue;

(10) Develop and implement a system for the reparation, issuance, use, and cancellation of entry permits as required by (j) below;

(11) Develop and implement procedures to coordinate entry operations when employees of more than one employer are working simultaneously as authorized entrants in a permit space, so that employees of one employer do not endanger the employees of any other employer;

(12) Develop and implement procedures, to include closing off a permit space and canceling the permit necessary for concluding the entry after entry operations have been completed;

(13) Review entry operations when the employer has reason to believe that the measures taken under the permit space program might not protect employees and revise the program to correct deficiencies found to exist before subsequent entries are authorized; and

(14) Review the permit space program, using the canceled permits retained pursuant to (j)(6) below within 1 year after each entry and revise the program as necessary, to ensure that employees participating in entry operations are protected from permit space hazards. Employers may perform a single annual review covering all entries performed during a 12-month period. If no entry is performed during a 12-month period, no review is necessary;

(j) Employers shall utilize a permit system as follows:

(1) Before entry is authorized, the employer shall prepare an entry permit that complies with (k) below;

(2) Before entry begins, the entry supervisor identified on the permit shall sign the entry permit to authorize entry;

(3) The completed permit shall be made available at the time of entry to all authorized entrants or their authorized representatives, by posting it at the entry portal or by any other equally effective means, so that the entrants can confirm that pre-entry preparations have been completed;

(4) The duration of the permit shall not exceed the time required to complete the assigned task or job identified on the permit in accordance with (k)(3) below;

(5) The entry supervisor shall terminate entry and cancel the entry permit when:

a. The entry operations covered by the entry permit have been completed; or

b. A condition that is not allowed under the entry permit arises in or near the permit space; and

(6) The employer shall retain each canceled entry permit for at least 1 year to facilitate the review of the permit-required confined space program required by (i) above. Any problems encountered during an entry operation shall be noted on the pertinent permit so that appropriate revisions to the permit space program can be made;

(k) The entry permit that documents compliance with this section and authorizes entry to a permit space shall identify:

(1) The permit space to be entered;

(2) The purpose of the entry;

(3) The date and the authorized duration of the entry permit;

(4) The authorized entrants within the permit space, by name or by such other means as will enable the attendant to determine quickly and accurately, for the duration of the permit, which authorized entrants are inside the permit space;

(5) The personnel, by name, currently serving as attendants;

(6) The individual, by name, currently serving as entry supervisor, with a space for the signature or initials of the entry supervisor who originally authorized entry;

(7) The hazards of the permit space to be entered;

(8) The measures used to isolate the permit space and to eliminate or control permit space hazards before entry, including the lockout or tagging of equipment and procedures for purging, inerting, ventilating, and flushing permit spaces;

(9) The acceptable entry conditions;

(10) The results of initial and periodic tests performed under (i)(5) above, accompanied by the names or initials of the testers and by an indication of when the tests were performed;

(11) The rescue and emergency services that can be summoned, and the means and contact information for summoning those services;

(12) The communication procedures used by authorized entrants and attendants to maintain contact during the entry;

(13) Equipment, such as personal protective equipment, testing equipment, communications equipment, alarm systems, and rescue equipment, to be provided for compliance with this section;

(14) Any other information whose inclusion is necessary, given the circumstances of the particular confined space, in order to ensure employee safety; and

(15) Any additional permits, such as for hot work, that have been issued to authorize work in the permit space;

(l) The employer shall provide training so that all employees whose work is regulated by this section acquire the understanding, knowledge, and skills necessary to safely perform the duties assigned under this section as follows:

(1) Training shall be provided to each affected employee:

a. Before the employee is first assigned duties under this section;

b. Before there is a change in assigned duties;

c. Whenever there is a change in permit space operations that presents a hazard about which an employee has not previously been trained; or

d. Whenever the employer has reason to believe either that there are deviations from the permit space entry procedures required by paragraph (i) above or that there are inadequacies in the employee's knowledge or use of these procedures;

(2) The training shall establish employee proficiency in the duties required by this section and shall introduce new or revised procedures, as necessary, for compliance with this section; and

(3) The employer shall certify that the training required by (1) above has been accomplished. The certification shall contain each employee's name, the signatures or initials of the trainers, and the dates of training. The certification shall always be available for inspection by employees and their authorized representatives;

(m) The employer shall ensure that all authorized entrants:

(1) Know the hazards that might be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;

(2) Properly use equipment as required by (i)(4) above;

(3) Communicate with the attendant as necessary to enable the attendant to monitor entrant status and to enable the attendant to alert entrants of the need to evacuate the space as required by (n)(5) below;

(4) Alert the attendant whenever:

a. The entrant recognizes any warning sign or symptom of exposure to a dangerous situation; or

b. The entrant detects a prohibited condition;

(5) Exit from the permit space as quickly as possible whenever:

a. An order to evacuate is given by the attendant or the entry supervisor;

b. The entrant recognizes any warning sign or symptom of exposure to a dangerous situation;

c. The entrant detects a prohibited condition; or

d. An evacuation alarm is activated;

(n) The employer shall ensure that each attendant:

(1) Knows the hazards that might be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;

(2) Is aware of possible behavioral effects of hazard exposure in authorized entrants;

(3) Continuously maintains an accurate count of authorized entrants in the permit space and ensures that the means used to identify authorized entrants under (k)(4) above accurately identifies who is in the permit space;

(4) Remains outside the permit space during entry operations until relieved by another attendant;

(5) Communicates with authorized entrants as necessary to monitor entrant status and to alert entrants of the need to evacuate the space under (n)(6) below;

(6) Monitors activities inside and outside the space to determine if it is safe for entrants to remain in the space and orders the authorized entrants to evacuate the permit space immediately under any of the following conditions:

a. If the attendant detects a prohibited condition;

b. If the attendant detects the behavioral effects of hazard exposure in the authorized entrant;

c. If the attendant detects a situation outside the space that could endanger the authorized entrants; or

d. If the attendant cannot effectively and safely perform all the duties required this section;

(7) Summons rescue and other emergency services as soon as the attendant determines that authorized entrants might need assistance to escape from permit space hazards;

(8) Takes the following actions when unauthorized persons approach or enter a permit space while entry is underway:

a. Warn the unauthorized persons that they shall stay away from the permit space;

b. Advise the unauthorized persons that they shall exit immediately if they have entered the permit space; and

c. Inform the authorized entrants and the entry supervisor if unauthorized persons have entered the permit space;

(9) Performs non-entry rescues as specified by the employer's rescue procedure; and

(10) Performs no duties that might interfere with the attendant's primary duty to monitor and protect the authorized entrants;

(o) The employer shall ensure that each entry supervisor:

(1) Knows the hazards that might be faced during entry, including information on the mode, signs or symptoms, and consequences of the exposure;

(2) Verifies, by checking that the appropriate entries have been made on the permit, that all tests specified by the permit have been conducted and that all procedures and equipment specified by the permit are in place before endorsing the permit and allowing entry to begin;

(3) Terminates the entry and cancels the permit as required by (j)(5) above;

(4) Verifies that rescue services are available and that the means for summoning them are operable;

(5) Removes unauthorized individuals who enter or who attempt to enter the permit space during entry operations; and

(6) Determines, whenever responsibility for a permit space entry operation is transferred and at intervals dictated by the hazards and operations performed within the space, that entry operations remain consistent with terms of the entry permit and that acceptable entry conditions are maintained;

(p) An employer who designates rescue and emergency services, pursuant (i)(4)h above, shall:

(1) Designate rescue and emergency services pursuant to (i)(4)h above by evaluating a prospective rescuer's ability to respond to a rescue summons in a timely manner, considering the hazard(s) identified;

(2) Evaluate a prospective rescue service's ability, in terms of proficiency with rescue-related tasks and equipment, to function appropriately while rescuing entrants from the permit space or types of permit spaces identified;

(3) Select a rescue team or service from those evaluated that:

a. Has the capability to reach the victim(s) within a time frame that is appropriate for the permit space hazard(s) identified; and

b. Is equipped for and proficient in performing the needed rescue services;

(4) Inform each rescue team or service of the hazards they might confront when called on to perform rescue at the site; and

(5) Provide the rescue team or service selected with access to all permit spaces from which rescue may be necessary so that the rescue service can develop appropriate rescue plans and practice rescue operations;

(q) An employer whose employees have been designated to provide permit space rescue and emergency services shall take the following measures:

(1) Provide designated employees with the personal protective equipment needed to conduct permit space rescues safely and train designated employees so they are proficient in the use of that personal protective equipment, at no cost to those employees;

(2) Train designated employees to perform assigned rescue duties. The employer shall ensure that such employees successfully complete the training required to establish proficiency as an authorized entrant, as required in (m) above;

(3) Train designated employees in basic first aid and cardiopulmonary resuscitation. The employer shall ensure that at least one member of the rescue team or service holding a current certification in first aid and cardiopulmonary resuscitation is available; and

(4) Ensure that designated employees practice making permit space rescues at least once every 12 months, by means of simulated rescue operations in which they remove dummies, manikins, or actual persons from the actual permit spaces or from representative permit spaces. Representative permit spaces shall, with respect to opening size, configuration, and accessibility, simulate the types of permit spaces from which rescue is to be performed;

(r) To facilitate non-entry rescue, retrieval systems or methods shall be used whenever an authorized entrant enters a permit space, unless the retrieval equipment would increase the overall risk of entry or would not contribute to the rescue of the entrant. Retrieval systems shall meet the following requirements:

(1) Each authorized entrant shall use a chest or full body harness, with a retrieval line attached at the center of the entrant's back near shoulder level, above the entrant's head, or at another point which the employer can establish presents a profile small enough for the successful removal of the entrant. Wristlets may be used in lieu of the chest or full body harness if the employer can demonstrate that the use of a chest or full body harness is infeasible or creates a greater hazard and that the use of wristlets is the safest and most effective alternative; and

(2) The other end of the retrieval line shall be attached to a mechanical device or fixed point outside the permit space in such a manner that rescue can begin as soon as the rescuer becomes aware that rescue is necessary. A mechanical device shall be available to retrieve personnel from vertical type permit spaces more than 5 feet deep;

(s) If an injured entrant is exposed to a substance for which a material safety data sheet or other similar written information is required to be kept at the worksite, that material safety data sheet or written information shall be made available to the medical facility treating the exposed entrant; and

(t) Employers shall consult with affected employees and their authorized representatives on the development and implementation of all aspects of the permit space program required by (i) above. Employers shall always make available to affected employees and their authorized representatives all information required to be developed by this section.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.15)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.15 Cranes and Derricks {#sec-lab-1403.15 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.15}

The employer shall ensure compliance with the following requirements:

(a) The employer shall comply with the manufacturer’s specifications and limitations as supplied by the manufacturer;

(b) Rated load capacities, recommended operating speeds, and special hazard warnings or instructions shall be conspicuously posted on all equipment and complied with. Instructions or warnings shall be visible from the operator’s station;

(c) Equipment shall be inspected by a competent person before each use and during use, and all deficiencies corrected before further use;

(d) Accessible areas within the swing radius of the rear of the rotating superstructure shall be barricaded to prevent employees from being struck or crushed by the crane;

(e) No part of a crane or its load shall be operated:

(1) Within 10 feet of a line rated 50 kV or below;

(2) Within 10 feet + 0.4 inches for each 1 kV over 50 kV for lines rated over 50 kV; or

(3) Within twice the length of the line insulator, but never less than 10 feet; and

(f) The requirements of the above shall not apply where electrical distribution and transmission lines have been de-energized and visibly grounded at point of work, or where insulating barriers have been erected to prevent physical contact with the lines.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.16)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.16 Disposal Chutes {#sec-lab-1403.16 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.16}

The employer shall ensure compliance with the following requirements:

(a) Whenever materials are dropped more than 20 feet to any exterior point of a building, an enclosed chute shall be used; and

(b) When debris is dropped through holes in the floor without the use of chutes, the area where the material is dropped shall be enclosed with barricades not less than 42 inches high and not less than 6 feet back from the projected edges of the opening above. Warning signs of the hazard of falling material shall be posted at each level.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.18)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.17 Dock-boards {#sec-lab-1403.17 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.17}

The employer shall ensure that, dock-boards, meaning metal plates used to bridge the gap between a loading dock and truck over which industrial trucks travel to load or unload shall meet the following requirements:

(a) Dock-boards shall be strong enough to carry the load imposed on them;

(b) Dock-boards that are portable shall be anchored or equipped with devices which shall prevent their slipping. They shall have handholds or other effective means to allow safe handling; and

(c) Wheel chocks or other devices shall be provided to prevent railroad cars from being moved while dock-boards are in position.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.19)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.18 Ergonomics {#sec-lab-1403.18 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.18}

(a) Each employer shall evaluate all incidences of ergonomically related injuries, such as repetitive motion trauma, carpal tunnel syndrome, and back injuries, and make necessary workplace modifications to prevent recurrences.

(b) The employer shall develop training procedures for employees who might be subject to ergonomic exposures such as those listed above.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.22)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.19 Excavating and Trenching {#sec-lab-1403.19 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.19}

The employer shall ensure compliance with the following requirements:

(a) Before excavation, underground utilities shall be identified and marked, and utility companies contacted to determine if there are underground utility installations in the area;

(b) A competent person, as defined in Lab 1402.09, shall inspect and evaluate the condition of all trenches and excavations prior to permitting an employee to enter;

(c) The inspection shall be performed at the beginning of each day and at least 4 times during the workday thereafter, and include the following:

(1) Attention shall be given when adverse weather conditions might affect the condition of the excavation or trench; and

(2) If evidence of possible cave-ins or slides is apparent, all work in the excavation shall cease until the requirement of (d) below have been met to safeguard the employees;

(d) The walls and faces of trenches 5 feet or more deep, and all excavations, in which employees are exposed to danger from moving ground or cave-in shall be guarded by a trench protective system, or sloping of the ground;

(e) In excavations which employees might be required to enter, excavated or other material shall be stored and retained at least 2 feet or more from the edge of the excavation;

(f) Trenches 4 feet deep or more shall have an adequate means of exit such as ladders or steps in the protected area of the trench. The exit shall be located so as to require no more than 25 feet of lateral travel; and

(g) Excavations near retaining walls, utility poles, and other objects that are supported by compacted soil shall be supported at all times to prevent their collapse or undermining.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.23)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.20 Exits {#sec-lab-1403.20 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.20}

(a) Every building designed for human occupancy shall be provided with exits sufficient to permit safe escape of occupants in case of emergency.

(b) There shall be at least 2 means of egress remote from each other in areas that are hazardous or where employees might be endangered by the blocking of any single means of egress due to fire, smoke, or active shooter threats.

(d) Exits and the way of approach and travel from exits shall be maintained so that they are unobstructed and are always accessible.

(e) All exits shall discharge directly to the street or other open space that provides safe access to a public way. Each exit discharge area shall be large enough to accommodate the building occupants using the exit route.

(f) Exit doors serving more than 50 people, or at high hazard areas, shall swing in the direction of exit travel.

(g) Exit doors shall be unlocked from the inside and free of any device that restricts use of the exit if the device fails.

(h) Exits shall be marked by clearly visible, suitably illuminated exit signs to a surface value of 75 lumens by a reliable light source . Exit signs shall be distinctive in color and provide contrast with the surroundings. The word “EXIT” shall be of plainly legible letters, not less than 6 inches high.

(i) Any door, passage, or stairway which is neither an exit nor a way of exit access, and which is so located or arranged as to be likely mistaken for an exit, shall be identified by a sign reading “Not an Exit”.

(j) Exit routes shall be kept free of flammable furnishing, explosives, or other obstruction.

(k) Exit routes shall be free and unobstructed, without locked doors within the exit route, or material or equipment placed permanently or temporarily within the exit route.

(l) Exit doors shall be unlocked from the inside and free of any device that restricts use of the exit if the device fails.

(m) Each exit route shall be sufficiently lighted by a light source with a surface value of 75 lumens such that an employee with normal vision can see along the exit route.

(n) Exit routes shall have emergency lighting that automatically switches on in the event of an outage or other emergency.

(o) Emergency lighting shall be powered by battery backup for a minimum of 90 minutes in the event of power or other outages.

(p) Employers shall perform functional testing of emergency lighting systems as follows:

(1) Functional testing of not less than 30 seconds shall be conducted monthly with a minimum of 3 weeks and a maximum of 5 weeks between tests;

(2) Functional testing of the emergency exit and egress lighting system’s battery power shall be performed annually for a minimum of 1 ½ hours;

(3) Emergency lighting equipment shall be fully operational for the duration of functional testing; and

(4) A written record of functional testing shall be kept by the employer and provided to the New Hampshire department of labor on request to demonstrate compliance with the functional testing requirements at (l) above.

(q) Employers who comply with exit requirements in the New Hampshire fire code, as defined at N.H. RSA 153:1, VI-a, as amended pursuant to RSA 153:5, shall be deemed in compliance with Lab 1403.20. Compliance shall be demonstrated by proof of written approval from the public official certifying compliance with the New Hampshire fire code.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.25)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.21 Fall Protection {#sec-lab-1403.21 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.21}

(a) This section shall not apply to stairways, ladders, scaffolds, cranes, and derricks, or steel erection.

(b) The employer shall ensure that each employee on a walking or working surface with an unprotected side or edge which is 4 feet or more above a lower level shall be protected from falling by the use of guardrail systems, safety net systems, or personal fall arrest systems.

(1) Hoist areas;

(2) Holes;

(3) Form-work and reinforcing steel;

(4) Ramps;

(5) Runways and walkways;

(6) Excavations;

(7) Bricklaying;

(8) Working above dangerous equipment;

(9) Roofing work;

(10) Pre-cast concrete erection;

(11) Wall openings; and

(12) Other walking or working surfaces.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.29)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.20); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.22 Flagger {#sec-lab-1403.22 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.22}

The employer shall ensure compliance with the following requirements:

(a) At work sites on or adjacent to a highway or street, where signs, signals, and barricades do not provide protection from traffic, a flagger shall be provided;

(b) A flagger shall be provided with and shall wear a highly visible warning garment while flagging. Warning garments worn during low-light conditions or at night shall be equipped with high visibility material that is visible through the full range of the flag person’s body motions; and

(1) Highly visible;

(2) At least 18 inches in height and width; and

(3) With lettering at least 6 inches in height.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.32)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.21); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.23 Flammables and Combustibles {#sec-lab-1403.23 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.23}

The employer shall ensure compliance with the following requirements:

(a) Flammable liquids shall be stored only in closed flammable liquid containers, or safety cans designed for that purpose in accordance with size specifications set forth in Table 1400.1;

Table 1400.1 - Allowable Container Size.

Container Type

Category I: Flashpoint below 73.4 °F with boiling point at or below 95 °F

Category II: Flashpoint below 73.4 °F and boiling point above 95 °F

Category III: Flashpoint at or above 73.4 °F and at or below 140 °F

Category IV: Flashpoint above 140 °F and at or below 199.4 °F

Glass or Plastic

1 pint

1 quart

1 gallon

Metal

1 gallon

5 gallon

Safety Cans

2 gallon

5 gallon

Portable Tank

660 gallon

(b) Notwithstanding Table 1400.1, glass or plastic containers of 1 gallon or less may be used for flammable liquids with a flashpoint below 73.4 °F and boiling point at or below 95 °F or flashpoint below 73.4 °F and boiling point above 95 °F only if the flammable liquid would be rendered unfit for intended use by contact with metal or would corrode a metal container and cause leakage;

(d) Flammable liquid containers and safety cans shall be conspicuously labeled or marked so as to clearly identify contents and prevent incompatible storage;

(e) Flammable liquids with flashpoints below 73.4 °F or with boiling points at or below 95 °F may be stored outside a flammable storage cabinet in amounts that do not exceed 25 gallons or 120 gallons for flammable liquids that have flashpoints below 73.4 °F and boiling points above 95 °F. All other flammable liquids shall be stored in flammable storage cabinets;

(f) Flammable storage cabinets shall be fire resistant and conspicuously labeled in bold lettering: “Flammable – Keep Fire Away”;

(g) Any flammable storage container made of metal shall:

(1) Be constructed of double walled 18-gauge sheet iron with 1 ½ inch air space;

(2) Have joints that are riveted, welded, or made tight by equally effective means; and

(3) Have a 3-point lock on the door, with the door sill raised at least 2 inches above the bottom of the cabinet;

(h) Any flammable storage containers made of wood shall:

(1) Be constructed of exterior grade plywood at least 1 inch in thickness;

(2) Have joints that are rabbeted and fastened in 2 directions with flathead screws;

(3) Have a rabbeted overlap of no less than 1 inch when more than one door is used; and

(4) Mount hinges in a manner such that holding capacity is not lost due to loosening or burning out of screws when subject to fire testing;

(i) No more than 60 gallons of flammable liquids shall be stored in a flammable storage cabinet, except for those flammable liquids with a flashpoint above 140 F and at or below 200 F, of which no more than 120 gallons may be stored in a flammable storage cabinet;

(j) No more than 3 storage cabinets shall be located in any singular indoor storage room or area;

(k) Flammable and combustible liquids shall be drawn from or transferred into containers only through a closed piping system, by means of a device drawing through the top, or by gravity through a self-closing valve. Transferring by means of air pressure shall be prohibited;

(l) Precautions shall be taken to prevent the ignition of flammable vapors;

(m) Safety data sheets shall be used to identify flammable liquids incompatible with one another for storage. Precaution shall be taken to isolate or separate incompatible flammable liquids when storing them;

(n) Employers shall maintain safety data sheets in the manner and timeframe as specified by RSA 277-A:5;

(o) Automatic overhead extinguishers or portable fire extinguishers shall be available at locations where flammable or combustible liquids are stored;

(p) Conspicuous and legible signs prohibiting smoking shall be posted in service and refueling areas and areas where flammable or combustible liquids are stored;

(q) A portable fire extinguisher designated at least 6# BC shall be located within 75 feet of any refueling area;

(r) Flammables such as draperies, curtains, area rugs, and other similar furnishings and decorations in educational facilities shall not be permitted unless treated with fire-retardant coatings;

(s) Artwork and teaching materials in educational facilities shall be permitted to be attached directly to walls. Such materials shall not exceed 20 percent of the wall area in buildings not protected throughout, in accordance with RSA 153:1, VI-a, by a supervised automatic sprinkler system approved by the state fire marshal and 50 percent of the wall area in buildings protected throughout by a supervised automatic sprinkler system approved by the state fire marshal;

(t) Outdoor storage of containers and portable tanks shall be maintained 20 or more feet away from any building;

(u) Piles of containers stored outdoors shall not exceed 1,100 gallons per pile with groups of containers separated by 5-foot clearance; and

(v) Outdoor storage areas for containers and portable tanks shall be kept clear and free of weeds, debris, and flammable and combustible materials not necessary to the storage.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.33)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.24 Floor Openings and Open Sides {#sec-lab-1403.24 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.24}

The employer shall ensure compliance with the following requirements:

(a) Every stairway and ladder way floor opening shall be guarded by a standard railing on all exposed sides except at the entrance. The entrance to ladder way openings shall be guarded to prevent a person from walking directly into the opening;

(b) Every hatchway and chute floor opening shall be guarded by a hinged floor opening cover equipped with standard railings to leave only one exposed side or by a removable railing with toeboard on not more than 2 sides and a fixed standard railing with toeboards on all other exposed sides; and

(c) Every floor hole into which persons can accidentally walk shall be guarded by either a standard railing with standard toeboard on all exposed sides, or a floor hole cover capable of supporting at least twice the weight of employees, equipment, and materials that might be imposed on the cover at any one time. All covers shall be secured to prevent accidental displacement and shall be marked with the word “hole” or “cover” to provide warning of the hazard.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.34)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.22); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.25 Forklift Trucks and Powered Industrial Trucks {#sec-lab-1403.25 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.25}

The employer shall ensure compliance with the following requirements:

(a) If at any time a powered industrial truck is in need of repair, defective, or in any way unsafe, the truck shall be taken out of service until it has been restored to safe operating condition;

(b) Forklift trucks with extended lifts shall be equipped with an overhead guard unless operating conditions do not permit;

(c) Fork trucks shall be equipped with a vertical load backrest extension when the type of load presents a hazard to the operator;

(d) The brakes of highway trucks and trailers shall be set and wheel chocks placed under the rear wheels to prevent the truck from rolling while fork trucks are entering or leaving; and

(e) Employers shall verify that the above equipment shall be operated by competent individuals as defined in Lab 1402.09.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.35)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.23); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.26 Guards {#sec-lab-1403.26 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.26}

The employer shall ensure that guards for mechanical power transmission equipment be made of metal or other rigid material. Except that wood guards may be used in the woodworking and chemical industries, in industries where atmospheric conditions would rapidly deteriorate metal guards, or where temperature extremes make metal guards undesirable.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.37)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.24); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.27 Hand Tools {#sec-lab-1403.27 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.27}

The employer shall ensure compliance with the following requirements:

(a) Each employer shall be responsible for the safe condition of tools and equipment used by employees, including tools and equipment furnished by employees;

(b) All hand tools shall be kept in safe condition. Handles of tools shall be kept tight in the tool, and wooden handles shall be free of splinters or cracks. Wedges, chisels, and similar tools shall be free of mushroomed heads. Wrenches shall not be used when sprung to the point that slippage occurs; and

(c) Electric power operated tools shall either be double-insulated, grounded, or used with ground fault circuit interrupters.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.38)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (Lab 1403.25); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.28 Hoists {#sec-lab-1403.28 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.28}

The employer shall ensure compliance with the following requirements:

(a) The employer shall comply with the hoist manufacturer’s specifications and limitations as to the proper use and installation of the equipment, whether at a portable or fixed location;

(b) Rated load capacities, recommended operating speeds, and special hazard warnings or instructions shall be visibly marked on cars and platforms;

(d) Hoistway doors or cages of personnel hoists shall be not less than 6 feet 6 inches high and shall be protected with mechanical locks which cannot be operated from the landing side and shall be accessible only to persons on the car; and

(e) Overhead protective coverings shall be provided on the top of the hoist cage or platform.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.39)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.26); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.29 Housekeeping {#sec-lab-1403.29 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.29}

The employer shall ensure compliance with the following requirements:

(a) Form and scrap lumber with protruding nails and all other debris shall be kept clear from all work areas;

(b) Combustible scrap and debris shall be removed from work areas at least daily;

(d) All places of employment, passageways, storerooms, and service rooms shall be kept clean and in a sanitary condition; and

(e) All floors shall be kept clean, dry, safely maintained, and free from trip hazards.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRES: 10-09-06 (formerly Lab 1403.40)
#8796, eff 1-11-07 (formerly and moved by Lab 1403.28); ss by #10809, eff 4-9-15 (from Lab 1403.27); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.30 Hygiene and Sanitation {#sec-lab-1403.30 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.30}

The employer shall ensure compliance with the following requirements:

(a) A supply of potable water shall be provided in all places of employment;

(b) Potable drinking water containers shall be capable of being tightly closed and be equipped with a tap;

(d) The above shall not apply to mobile crews or normally unattended locations, as long as employees working at these locations have transportation immediately available to nearby locations that provide water and sanitary facilities.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.41)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.28); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.31 Jointers {#sec-lab-1403.31 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.31}

The employer shall ensure compliance with the following requirements:

(a) Each hand-fed jointer with a horizontal cutting head shall have an automatic guard which shall cover the section of the head on the working side of the fence or cage, and a guard which shall cover the back of the cage or fence; and

(b) A jointer guard shall automatically adjust itself to cover the unused portion of the head, and shall remain in contact with the material at all times.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.42)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.29); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.32 Ladders {#sec-lab-1403.32 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.32}

The employer shall ensure compliance with the following requirements:

(a) The employer shall ensure that each ladder used meets the requirements of this section except when the ladder is:

(1) Used in emergency operations such as firefighting, rescue, and tactical law enforcement operations, or training for these operations, or by any member of the New Hampshire National Guard while on state active duty; or

(2) Designed into or is an integral part of machines or equipment;

(b) When employees are using any type of ladder, the employer shall ensure that:

(1) Ladder rungs, steps, and cleats are parallel, level, and uniformly spaced when the ladder is in position for use;

(2) Ladder rungs, steps, and cleats are spaced not less than 10 inches and not more than 14 inches apart, as measured between the centerlines of the rungs, cleats, and steps, except that:

a. Ladder rungs and steps in elevator shafts shall be spaced not less than 6 inches apart and not more than 16.5 inches apart, as measured along the ladder side rails; and

b. Fixed ladder rungs and steps on telecommunication towers shall be spaced not more than 18 inches apart, measured between the centerlines of the rungs or steps;

(3) Steps on stepstools are spaced not less than 8 inches apart and not more than 12 inches apart, as measured between the centerlines of the steps;

(4) Ladder rungs, steps, and cleats have a minimum clear width of 11.5 inches on portable ladders and 16 inches, measured before installation of ladder safety systems, for fixed ladders, except that:

a. The minimum clear width does not apply to ladders with narrow rungs that are not designed to be stepped on;

b. Rungs and steps of manhole entry ladders that are supported by the manhole opening shall have a minimum clear width of 9 inches;

c. Rungs and steps on rolling ladders used in telecommunication centers shall have a minimum clear width of 8 inches; and

d. Stepstools have a minimum clear width of 10.5 inches;

(5) Wooden ladders are not coated with any material that might obscure structural defects;

(6) Metal ladders are made with corrosion-resistant material or are protected against corrosion;

(7) Ladder surfaces are free of puncture and laceration hazards;

(8) Ladders are not loaded beyond the manufacturer’s maximum rated load, including the total load, weight and force, of the employee and all tools, equipment, and materials being carried;

(9) Ladders are used only in accordance with manufacturer’s specifications;

(10) Ladders are inspected before initial use in each work shift, and more frequently as necessary, to identify any visible defects that could cause employee injury;

(11) Any ladder with structural or other defects is immediately tagged “Dangerous: Do Not Use” or with similar language and removed from service until repaired or replaced;

(12) Each employee faces the ladder when climbing up or down it;

(13) Each employee uses at least one hand to grasp the ladder when climbing up and down; and

(14) No employee carries any object or load that could cause the employee to lose balance and fall while climbing up or down the ladder;

(1) Rungs and steps of portable metal ladders are corrugated, knurled, dimpled, coated with skid-resistant material, or otherwise treated to minimize the possibility of slipping;

(2) Each stepladder or combination ladder used in a stepladder mode is equipped with a metal spreader or locking device that securely holds the front and back sections in an open position while the ladder is in use;

(3) Ladders are used only on stable and level surfaces unless they are secured or stabilized to prevent accidental displacement;

(4) No portable single rail ladders are used;

(5) No ladder is moved, shifted, or extended while an employee is on it;

(6) Ladders placed in locations such as passageways, doorways, or driveways where they can be displaced by other activities or traffic:

a. Are secured to prevent accidental displacement; or

b. Are guarded by a temporary barricade, to keep the activities or traffic away from the ladder;

(7) The cap, if equipped, and top step of a stepladder are not used as steps;

(8) Portable ladders used on slippery surfaces are secured and stabilized;

(9) The top of a non-self-supporting ladder is placed so that both side rails are supported, unless the ladder is equipped with a single support attachment;

(10) The base of a portable ladder shall be placed away from the bottom of the top support at a width equivalent to one fourth the distance between the base of the ladder and the top support as stipulated in Figure 1400.01 below;

(11) Portable ladders used to gain access to an upper landing surface have side rails that extend at least 3 feet above the upper landing surface as stipulated in Figure 1400.01 below;

(12) Ladders and ladder sections are not tied or fastened together to provide added length unless they are specifically designed for such use; and

(13) Ladders are not placed on unstable bases to obtain additional height;

Figure 1400.1 - Portable Ladder Set-up.

(d) When employees are using fixed ladders, the employer shall ensure that:

(1) Fixed ladders are capable of supporting their maximum intended load;

(2) The minimum perpendicular distance from the centerline of the steps or rungs, or grab bars, or both, to the nearest permanent object in back of the ladder is 7 inches, except for elevator pit ladders, which have a minimum perpendicular distance of 4.5 inches;

(3) Grab bars do not protrude on the climbing side beyond the rungs of the ladder that they serve;

(4) The side rails of through or side-step ladders extend at least 42 inches above the top of the access level or landing platform served by the ladder. For parapet ladders, the access level is:

a. The roof, if the parapet is cut to permit passage through the parapet; or

b. The top of the parapet, if the parapet is continuous;

(5) For through ladders, the steps or rungs are omitted from the extensions, and the side rails are flared to provide not less than 24 inches nor more than 30 inches of clearance. When a ladder safety system is provided, the maximum clearance between side rails of the extension shall not exceed 36 inches;

(6) For side-step ladders, the side rails, rungs, and steps shall be continuous in the extension as stipulated in Figure 1400.2 below;

(7) Grab bars extend 42 inches above the access level or landing platforms served by the ladder;

(8) The minimum size of the cross-section of grab bars is the same size as the rungs of the ladder;

(9) When a fixed ladder terminates at a hatch, as shown in Figure 1400.3 below, the hatch cover:

a. Opens with sufficient clearance to provide easy access to or from the ladder; and

b. Opens at least 70 degrees from horizontal if the hatch is counterbalanced;

(10) Individual-rung ladders are constructed to prevent the employee's feet from sliding off the ends of the rungs as shown in Figure 1400.4 below;

(11) Fixed ladders having a pitch greater than 90 degrees from the horizontal are not used;

(12) The step-across distance from the centerline of the rungs or steps is:

a. For through ladders, not less than 7 inches nor more than 12 inches to the nearest edge of the structure, building, or equipment accessed from the ladders;

b. For side-step ladders, not less than 15 inches nor more than 20 inches to the access points of the platform edge; and

(13) Fixed ladders that do not have cages or wells have:

a. A clear width of at least 15 inches on each side of the ladder centerline to the nearest permanent object; and

b. A minimum perpendicular distance of 30 inches from the centerline of the steps or rungs to the nearest object on the climbing side. When unavoidable obstructions are encountered, the minimum clearance at the obstruction may be reduced to 24 inches, provided deflector plates are installed at an angle of 60 degrees away from the obstruction with the bottom of the deflector plate located no closer than 32 inches from the centerline of the ladder as shown in Figure 1400.5 below;

Figure 1400.2 – Side-Step Fixed Ladder Sections.

Figure 1400.3 – Counter Balanced Hatch Cover at Roof.

Figure 1400.4 – Individual Rung Ladder.

Figure 1400.5 – Fixed Ladder Clearances.

(e) When employees are using mobile ladder stands and mobile ladder stand platforms, the employer shall ensure that:

(1) Mobile ladder stands and platforms have a step width of at least 16 inches;

(2) The steps and platforms of mobile ladder stands and platforms are slip resistant. Slip-resistant surfaces shall be either an integral part of the design and construction of the mobile ladder stand and platform, or provided as a secondary process or operation, such as dimpling, knurling, shotblasting, coating, spraying, or applying durable slip-resistant tapes;

(3) Mobile ladder stands and platforms are capable of supporting at least 4 times their maximum intended load;

(4) Wheels or casters under load are capable of supporting their proportional share of 4 times the maximum intended load, plus their proportional share of the unit's weight;

(5) Unless otherwise specified in this section, mobile ladder stands and platforms with a top step height of 4 feet or above have handrails with a vertical height of 29.5 inches to 37 inches, measured from the front edge of a step;

(6) The maximum work-surface height of mobile ladder stands and platforms does not exceed 4 times the shortest base dimension, without additional support. For greater heights, outriggers, counterweights, or comparable means that stabilize the mobile ladder stands and platforms and prevent overturning shall be used;

(7) Mobile ladder stands and platforms that have wheels or casters are equipped with a system to impede horizontal movement when an employee is on the stand or platform; and

(8) No mobile ladder stand or platform moves when an employee is on it; and

(f) The employer shall ensure that mobile ladder stands meet the following requirements:

(1) Steps are uniformly spaced and arranged, with a rise of not more than 10 inches and a depth of not less than 7 inches. The slope of the step stringer to which the steps are attached shall not be more than 60 degrees, measured from the horizontal;

(2) Mobile ladder stands with a top step height above 10 feet have the top step protected on 3 sides by a handrail with a vertical height of at least 36 inches, and top steps that are 20 inches or more, front to back, have a mid-rail and toe-board;

(3) The standing area of mobile ladder stands does not extend past the base;

(4) Steps of mobile ladder stand platforms meet the requirements of (1) above. When the employer demonstrates that the requirement is not feasible, steeper slopes or vertical rung ladders may be used, provided the units are stabilized to prevent overturning;

(5) Mobile ladder stand platforms with a platform height of 4 to 10 feet have, in the platform area, handrails with a vertical height of at least 36 inches and mid-rails; and

(6) All mobile ladder stand platforms with a platform height above 10 feet have guardrails and toe boards on the exposed sides and ends of the platform.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.45)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.30); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.33 Lasers {#sec-lab-1403.33 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.33}

The employer shall ensure compliance with the following requirements:

(a) Only employees who have had training by the employer or equipment manufacturer shall be assigned to install, adjust, and operate laser equipment;

(b) Employees shall wear appropriate eye protection designed to safeguard against potential exposure to laser light greater than 5 milliwatts;

(c) Beam shutters or caps shall be utilized, or the laser turned off, when laser transmission is not actually required. When the laser is left unattended, such as during lunch hour, overnight, or at change of shifts, the laser shall be turned off;

(d) Employees shall not be exposed to light intensities above the following:

(1) Direct staring - 1 micro-watt per square centimeter;

(2) Incidental observing - 1 milliwatt per square centimeter; and

(3) Diffused reflected light - 2-1/2 watts per square centimeter; and

(e) Employees shall not be exposed to microwave power densities in excess of 10 milliwatts per square centimeter.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.46)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.31); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.34 Liquefied Petroleum Gas (LPG) {#sec-lab-1403.34 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.34}

The employer shall ensure compliance with the following requirements:

(a) Each system shall have containers, valves, connectors, manifold valve assemblies, and regulators which are designed for use with Liquified Petroleum Gas (LPG);

(b) Every container and vaporizer shall be provided with one or more safety relief valves or device;

(d) Portable heaters shall be equipped with an automatic device to shut off the flow of gas in the event of flame failure;

(e) Storage of LPG within buildings shall be prohibited; and

(f) Storage locations shall have at least one portable fire extinguisher, designed 20#BC.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.47)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.35 Lockout {#sec-lab-1403.35 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.35}

The employer shall ensure compliance with the following requirements:

(a) All stored energy hazards including but not limited to the following shall be released, locked-out, or otherwise rendered non-hazardous prior to commencement of any work which could subject the employee to potential injury:

(1) Hydraulic pressure;

(2) Pneumatic pressure;

(3) Steam pressure;

(4) Vacuum;

(5) Electricity;

(6) Mechanical; and

(7) Gravity;

(b) Padlocks shall be made available to employees for the purpose of locking-out equipment when required;

(d) Lockout devices shall indicate the identity of the employee applying the device(s).

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.48)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.32); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.36 Machine Guarding {#sec-lab-1403.36 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.36}

The employer shall ensure compliance with the following requirements:

(a) Machine guarding shall be provided to protect employees from hazards such as those created by point of operation, nip points, rotating parts, flying chips, and sparks;

(b) Machine guarding shall comply with the following requirements:

(1) The guard shall be such that it cannot pose an accident hazard in itself; and

(2) Point of operation guarding devices shall be so designed as to prevent the operator from having any part of the operator’s body in the danger zone during the operating cycle;

(1) Guillotine cutters;

(2) Shears;

(3) Alligator shears;

(4) Power presses;

(5) Milling machines;

(6) Power saws;

(7) Jointers; and

(8) Forming rolls and calendars;

(d) Special supplemental hand tools shall be used for placing and removing materials within the danger zone of the machine;

(e) Except as allowed by (i) below, guards shall be required within 7 feet of the floor or working platform to protect from the following machinery:

(1) Fan blades;

(2) Belts;

(3) Pulleys;

(4) Sprockets;

(5) Chains;

(6) Flywheels;

(7) Shafting;

(8) Shaft projections;

(9) Gears;

(10) Couplings; and

(11) Rotating or reciprocating parts;

(f) Flywheels protruding through a working floor shall be guarded;

(g) Where both runs of horizontal belts are 7 feet or less from the floor or working surface, the guard shall extend at least 15 inches above the belt;

(h) Safety sleeves shall be required to guard couplings with bolts, nuts, or set screws extending beyond the flange; and

(i) Belts, pulleys, and shafting located in rooms used exclusively for power transmission apparatus shall not be required to be guarded when the following requirements have been met:

(1) The basement, tower, or room occupied by transmission equipment is locked against unauthorized entrance; or

(2) The route followed by the oiler is protected in such a manner as to prevent accidents.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.49)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.33); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.37 Machinery in a Fixed Location {#sec-lab-1403.37 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.37}

The employer shall ensure that machines designed for a fixed location shall be securely anchored to prevent walking or moving, or designed in such a manner that they do not move in normal operation.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.50)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.34); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.38 Mechanical Power Presses {#sec-lab-1403.38 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.38}

The employer shall ensure compliance with the following requirements:

(a) The employer shall provide and ensure the usage of point-of-operation guards or properly applied and adjusted point-of-operation devices, per the manufacturer’s recommendation, to prevent entry of hands or fingers into the point-of-operation by reaching through, over, under, and around the guard on every operation performed on a mechanical power press. This requirement shall not apply when the point-of-operation opening is 1/4 inch or less;

(b) A guard shall be placed over the treadle of foot-operated presses;

(c) Pedal counterweights, if provided on foot-operated presses, shall have the path of travel of the weight enclosed; and

(d) Machines using full revolution clutches shall incorporate a single stroke mechanism except where automatically fed in continuous operation and where the points of operation are safeguarded by a fixed barrier guard.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.51)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.35); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.39 Medical Services {#sec-lab-1403.39 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.39}

In addition to the requirement for a medical chest required in RSA 277:6, the employer shall ensure emergency telephone numbers for ambulance service, hospital, or physician shall be posted throughout the facility.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.21)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.36); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.40 Mechanized Equipment {#sec-lab-1403.40 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.40}

The employer shall ensure compliance with the following requirements:

(a) All construction equipment in use shall be checked at the beginning of each shift to ensure that all parts, equipment, and accessories that affect safe operation are in proper operating condition and free from defects. All defects shall be corrected before the vehicle is placed in service;

(b) No employer shall use any motor vehicle, earthmoving, or compacting equipment having an obstructed view to the rear unless:

(1) The vehicle has a reverse signal alarm distinguishable from the surrounding noise level; or

(2) The vehicle is backed up only when an appointed observer signals that it is safe to do so; and

(c) Heavy machinery, equipment, or parts thereof which are suspended or held aloft shall be blocked to prevent falling or shifting before employees are permitted to work under or between them.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.53)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.37); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.41 Noise Exposure {#sec-lab-1403.41 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.41}

The employer shall ensure compliance with the following requirements:

(a) Protection against the effects of occupational noise exposure shall be provided when the sound levels exceed those shown in Table 1400.6 below. Feasible engineering or administrative controls shall be utilized to keep exposure below the allowable limit;

(b) When engineering or administrative controls fail to reduce the noise level to within the levels of Table 1400.2 below, personal protective equipment shall be provided and used to reduce the noise to an acceptable level.

(d) Permissible noise exposures are designated in the following table:

Table 1400.6 Permissible Noise Exposure.

Sound Level

dBA Slow

Duration Per Day, Hours

Response

100

1-1/2

102

105

1/2

110

1/4 or less

115

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.54)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.38); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.42 Overheads and Gantry Hoists and Cranes {#sec-lab-1403.42 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.42}

The employer shall ensure compliance with the following requirements:

(a) All functional operating mechanisms, air and hydraulic systems, chains, rope slings, hooks, and other lifting equipment shall be visually inspected before each use by the operator;

(b) Complete inspection of the crane shall be performed at least once per year;

(1) Identifying deformed, cracked, corroded, worn, or loose members or parts; and

(2) Ensuring the good working order of the following:

a. Brake system;

b. Limit indicators;

c. Power Plant; and

d. Electrical apparatus;

(d) Overhead cranes shall have stops at the limit of travel of the wheels; and

(e) The rated load of the crane shall be plainly marked on each side of the crane as follows:

(1) If the crane has more than one hoisting unit, each hoist shall have its rated load marked on it or its load block; and

(2) The marking shall be clearly legible from the ground or floor.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.55)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.39); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.43 Personal Protective Equipment {#sec-lab-1403.43 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.43}

The employer shall ensure compliance with the following requirements:

(a) The employer shall assess the hazards and provide and require the use of appropriate personal protective equipment where indicated based upon that assessment;

(b) Where employees furnish their own personal protective equipment, the employer shall be responsible to assure its adequacy and to ensure that the equipment is properly maintained and in a sanitary condition;

(c) Employees working over or near water, where the danger of drowning exists, shall be provided with U.S. Coast Guard-approved life jackets or buoyant work vests; and

(d) Emergency eye wash and shower stations shall be tested periodically and testing records shall be maintained by the employer.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.56)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.40); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.44 Portable Abrasive Wheel Machinery {#sec-lab-1403.44 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.44}

The employer shall ensure compliance with the following requirements:

(a) Abrasive wheels shall be used only on machines provided with safety guards;

(b) The following shall be exempt from the safety guard requirement in (a) above:

(1) Wheels used while within the work being ground; and

(2) Mounted wheels, used in portable operations, 2 inches and smaller in diameter;

(c) A safety guard shall cover the spindle end, nut, and flange projections. The safety guard shall be mounted so as to maintain proper alignment with the wheel; and

(d) Safety guards used on right angle head or vertical portable grinders shall:

(1) Have a maximum exposure angle of 180 degrees; and

(2) Meet the following minimum requirements:

a. The above guard shall be located to be between the operator and the wheel during use; and

b. Adjustment of the guard shall be such that pieces of an accidentally broken wheel shall be deflected away from the operator.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.58)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.41); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.45 Portable Pneumatic Powered Tools {#sec-lab-1403.45 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.45}

The employer shall ensure compliance with the following requirements:

(a) Safety clips or retainers shall be securely installed and maintained on pneumatic impact tools to prevent attachments from being accidentally expelled; and

(b) Hose and hose connections used for delivering compressed air shall be designed for the pressure and service to which they are used.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.58)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from 1403.42); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.46 Powder-Actuated Tools {#sec-lab-1403.46 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.46}

The employer shall ensure compliance with the following requirements:

(a) Only employees trained by the employer or equipment manufacturer shall be allowed to operate powder-actuated tools;

(b) All powder-actuated tools shall be tested by the employee before each use and all defects discovered before or during use shall be corrected; and

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.60)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.43); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.47 Radiation {#sec-lab-1403.47 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.47}

The employer shall ensure compliance with the following requirements:

(a) Employers shall provide controls to prevent any employee from being exposed to radiation, either ionizing or electromagnetic, in excess of acceptable limits as established by He-P 4001;

(b) Each radiation area shall be conspicuously posted with visible signs and barriers; and

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.61)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.44); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.48 Railings {#sec-lab-1403.48 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.48}

(a) The employer shall ensure compliance with the following requirements:

(1) A standard railing shall consist of top rail, intermediate rail, and posts, and shall have a vertical height of 42 inches from upper surface of top rail to floor, or platform;

(2) A railing for open-sided floors, platforms, and runways shall have a toeboard which shall be a vertical barrier at floor level erected along exposed edges of a floor opening, wall opening, platform, runway, or ramp to prevent falls of materials whenever persons can pass beneath the open side, or where there is equipment with which falling materials could cause a hazard; and

(3) Railings shall be of such construction that the complete structure shall be capable of withstanding a load of at least 200 pounds in the vertical or horizontal direction.

(b) The following exceptions shall apply to Lab 1403.48(a):

(1) This section shall apply to railings except as specified in (2) below; and

(2) This section shall not apply to scaffoldings and stairway railings.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.62)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.45); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.49 Record Keeping {#sec-lab-1403.49 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.49}

The employer shall ensure compliance with the following requirements:

(a) An annual log of all workplace injuries and illnesses, for which an employer’s first report of injury is submitted to the department of labor, shall be kept at the place of employment and made available to a safety inspector upon request;

(b) Employers having existing records or logs of injuries and illnesses, required by other agencies, may provide them to meet this requirement; and

(1) Date of injury;

(2) Name of employee;

(3) Occupation of employee;

(4) Description of the injury or illness;

(5) Whether lost time was involved; and

(6) The date employee returned to work.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRES: 10-09-06 (formerly Lab 1403.63)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.46); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.50 Respiratory Protection {#sec-lab-1403.50 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.50}

The employer shall ensure compliance with the following requirements:

(a) Respirators shall be selected by the employer on the basis of the hazard to which the worker is exposed and shall be provided by the employer as necessary to protect the health of the workers;

(b) Employees who are expected to use respirators shall be fit tested to ensure that an adequate face-to-facepiece seal can be maintained;

(c) Both the supervisors and the workers shall be instructed, by the employer, in the selection, use, and maintenance of respirators;

(d) Respirators shall be cleaned and disinfected, and shall be inspected during cleaning. Deteriorated parts shall be replaced;

(e) Respirators for emergency use shall be inspected at least once a month and after each use; and

(f) When not in use, respirators shall be stored in a clean and sanitary location.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.64)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.47); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.51 Revolving Drums {#sec-lab-1403.51 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.51}

The employer shall ensure that revolving drums, barrels, or containers shall be guarded by an interlocked enclosure that shall prevent the drum from revolving unless the guard enclosure is in place.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.65)
#8796, eff 1-11-07; ss by #10809, eff 4-9-15 (from Lab 1403.48); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.52 Rollover Protective Structures (ROPS) {#sec-lab-1403.52 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.52}

The employer shall ensure that, except for side boom pipe laying tractors and compactors, rollover protective structures of substantial strength be used with the following types of materials handling equipment:

(a) All rubber-tired, self-propelled scrapers;

(b) Rubber-tired front-end loaders;

(d) Wheel-type agricultural and industrial tractors;

(e) Crawler tractors;

(f) Crawler-type loaders;

(g) Motor graders, with or without attachments, that are used in construction work; and

(h) Forklifts trucks and powered industrial trucks.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.66)
#8796, eff 1-11-07 (from Lab 1403.56); ss by #10809, eff 4-9-15 (from Lab 1403.49); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.53 Safety Nets {#sec-lab-1403.53 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.53}

The employer shall ensure that, where nets are used, operations shall not be undertaken until the net system is installed by a person trained by the employer or equipment manufacturer and the system complies with all industry standards.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.67)
#8796, eff 1-11-07 (from Lab 1403.57); ss by #10809, eff 4-9-15 (from Lab 1403.50); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.54 Saws {#sec-lab-1403.54 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.54}

The employer shall ensure compliance with the following requirements:

(a) Band saws shall comply with the following requirements:

(1) All portions of band saw blades shall be enclosed or guarded except for the working portion of the blade between the bottom of the guide rolls and the table; and

(2) Band saw wheels shall be fully enclosed according to the following requirements:

a. The outside periphery of the enclosure shall be solid; and

b. The front and back shall be either, solid wire mesh or perforated metal;

(b) Portable circular saws, except those used for meat cutting purposes in the meat industry, shall comply with the following requirements:

(1) All portable power-driven circular saws having a blade diameter greater than 2 inches shall be equipped with guards above and below the base plate or shoe; and

(2) The lower guards shall cover the saw to the depth of the teeth, except for the minimum area required to permit the base plate to be tilted for bevel cuts, and shall automatically return to the covering position when the blade is withdrawn from the work;

(1) Radial saws shall have an upper guard which completely encloses the upper half of the saw blade;

(2) The sides of the lower exposed portion of the blade shall be guarded by a device that shall automatically adjust to the thickness of the material and remain in contact with the material being cut;

(3) Radial saws used for ripping shall be equipped with a device which will prevent material from kicking back toward the operator and shall be properly adjusted;

(4) An adjustable stop shall be provided to prevent the forward travel of the blade beyond the table, or the position necessary to complete the cut in repetitive operations; and

(5) Radial saws shall be installed so that the cutting head shall return to the starting position when released by the operator;

(d) Swing or sliding cut-off saws shall comply with the following requirements:

(1) All swing or sliding cut-off saws shall be provided with a hood that shall completely enclose the upper half of the saw;

(2) Limit stops shall be provided to prevent swing or sliding type cut-off saws from extending beyond the front or back edges of the table;

(3) Each swing or sliding cut-off saw shall be provided with an effective device to return the saw automatically to the back of the table when released at any point of its travel; and

(4) Inverted cut-off saws shall be provided with a hood that shall cover the part of the saw that protrudes above the top of the table or material being cut; and

(e) Table saws shall comply with the following requirements:

(1) Circular table saws shall have a hood over the portion of the saw above the table, with the hood mounted so that it shall automatically adjust itself to the thickness of and remain in contact with the material being cut;

(2) Circular table saws shall have a spreader aligned with the blade spaced no more than 1/2 inch behind the largest blade mounted in the saw. The provision of a spreader in connection with grooving, dadoing, or rabbeting shall not be required;

(3) Circular table saws used for ripping shall be equipped with a device which will prevent material from kicking back toward the operator and shall be properly adjusted; and

(4) Feed rolls and blades of self-feed circular saws shall be protected by a hood or guard to prevent the hand of the operator from coming in contact with the in-running rolls at any point.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.58)
#8796, eff 1-11-07 (from Lab 1403.58); ss by #10809, eff 4-9-15 (from Lab 1403.51); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.55 Scaffolds {#sec-lab-1403.55 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.55}

The employer shall ensure compliance with the following requirements:

(a) Scaffolds shall be erected on sound, rigid footing capable of carrying the maximum intended load without settling or displacement;

(b) All planking shall be stress-graded lumber to assure the quality of the lumber;

Table 1400.7 – Planking Material Thickness

Full Thickness Undressed Lumber

Nominal Thickness Lumber

Working load (p.s.f.)

Permissible Span (ft.)

(d) The maximum permissible span for 1-1/4 x 9 inch or wider plank of full thickness shall be 4 feet, with medium loading of 50 p.s.f.;

(e) Scaffold planking shall be overlapped a minimum of 12 inches or secured from movement;

(f) Scaffold planks shall extend over their end supports not less than 6 inches nor more than 12 inches;

(g) Defective parts of all scaffolding and accessories shall immediately be replaced or repaired;

(h) An access ladder or equivalent safe access shall be provided;

(i) Mobile platforms shall be tightly planked for the full width of the scaffold except for necessary entrance opening, and platforms shall be secured in place;

(j) All employees working on suspension scaffolds shall be protected by a safety life belt attached to a lifeline which shall comply with the following requirements:

(1) The lifeline shall be securely attached to substantial members of the structure, not the scaffold, or to securely rigged lines, which shall safely suspend the employee in case of a fall; and

(2) In order to keep the lifeline continuously attached, with a minimum of slack, to a fixed structure, the attachment point of the lifeline shall be changed as the work progresses; and

(k) Tubular welded frame scaffolds shall be properly braced by cross bracing or diagonal braces, or both, for securing vertical members together laterally, as follows:

(1) The cross braces shall be of such length as shall automatically square and align vertical members so that the erected scaffold is always plumb, square, and rigid; and

(2) All brace connections shall be made secure.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.69)
#8796, eff 1-11-07 (from Lab 1403.59); ss by #10809, eff 4-9-15 (from Lab 1403.52); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.56 Spray Finishing Operations {#sec-lab-1403.56 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.56}

The employer shall have compliance with the following requirements:

(a) In conventional dry type spray booths, over-spray dry filters or filter rolls shall have an average air velocity over the face of the booth of not less than 100 linear feet per minute;

(b) Electrostatic spraying operations shall be conducted with an air velocity of not less than 60 linear feet per minute, or more, depending on the volume of the finishing material being applied and its flammability and explosion characteristics;

(c) Visible gauges or an audible alarm or pressure-activated devices shall be installed to indicate or ensure that the required air velocity is maintained;

(d) Filter pads shall be inspected, and clogged filter pads discarded, and replaced. Filter rolls shall be inspected to ensure proper replacement of filter media;

(e) Spray booths shall be so installed that all portions are readily accessible for cleaning;

(f) A clear space of not less than 3 feet on all sides of a spray booth shall be kept free from storage or combustible construction;

(g) There shall be no open flame or spark producing equipment in any spraying area nor within 20 feet thereof, unless separated by a partition capable of stopping vapor travel;

(h) Electrical wiring and equipment not subject to deposits of combustible residues but located in a spraying area shall be of explosion proof type;

(i) The quantity of flammable or combustible liquids kept in the vicinity of spraying operations shall be the minimum required for operations and shall not exceed a supply for one day or one shift;

(j) Whenever flammable or combustible liquids are transferred from one container to another, both containers shall be bonded and grounded to prevent discharge sparks of static electricity;

(k) All spraying areas shall be kept as free from the accumulation of deposits of combustible residues as practical, with cleaning conducted daily if necessary. Scrapers, spuds, or other such tools used for cleaning purposes shall be of nonspark material;

(l) Residue scrapings and debris contaminated with residue shall be immediately removed from the premises; and

(m) “No Smoking” signs in large letters on contrasting color background shall be conspicuously posted at all spraying areas and paint storage rooms.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.70)
#8796, eff 1-11-07 (from Lab 1403.60); ss by #10809, eff 4-9-15 (from Lab 1403.53); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.57 Stairs {#sec-lab-1403.57 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.57}

The employer shall ensure compliance with the following requirements:

(a) Every flight of stairs having 4 or more risers shall be equipped with standard stair railings or standard handrails as specified below:

(1) On stairways less than 44 inches wide having one side open, at least one stair railing on the open side;

(2) On stairways less than 44 inches wide having both sides open, one stair railing on each side; and

(3) On stairways more than 44 inches wide but less that 88 inches wide, one handrail on each enclosed side and one stair railing on each open side;

(b) A stair railing shall be not more than 34 inches nor less than 30 inches from the upper surface of the top rail to the surface of tread in line with the face of riser at the forward edge of tread;

(d) Hollow pan-type metal stairs shall be filled to the level of the nosing with solid material;

(e) Fixed stairs shall be provided for access from one structure level to another where operations necessitate regular travel between levels and for access to operating platforms at any equipment which requires attentions routinely during operations. Fixed stairs shall also be provided where access to a raised structure or floor is traveled daily or at each shift where such work might expose employees to harmful substances, or for which purposes that carrying of tools or equipment by hand is normally required; and

(f) Spiral stairways shall be prohibited except for special limited usage and secondary access situations where it is not practical to provide a conventional stairway.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.71)
#8796, eff 1-11-07); ss by #10809, eff 4-9-15; ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.58 Storage {#sec-lab-1403.58 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.58}

The employer shall ensure compliance with the following requirements:

(a) All stored materials stacked in tiers shall be stacked, blocked, interlocked, and limited in height so that they are secure against sliding or collapse;

(b) Storage areas shall be kept free from accumulation of materials that constitute hazards from tripping, fire, explosion, or pest harborage. Vegetation control shall be exercised when necessary; and

(c) Where mechanical handling equipment is used, aisles that are not clearly defined shall be marked with reflective paint or tape, sufficient safe clearance shall be allowed for aisles, at loading docks, through doorways, and whenever turns or passage is made.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.73)
#8796, eff 1-11-07 (from Lab 1403.61); ss by #10809, eff 4-9-15 (from Lab 1403.54); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.59 Tanks with Open Surface {#sec-lab-1403.59 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.59}

The employer shall ensure compliance with the following requirements:

(a) Where ventilation is used to control potential exposure to employees, it shall reduce the concentration of the air contaminant to the degree that a hazard to employees does not exist;

(b) Whenever there is a danger of toxic substances being splashed, the employees shall wear either tight-fitting chemical goggles or an effective face shield;

(c) Near each tank containing liquid which might be harmful to the skin if splashed upon the worker’s body, there shall be a supply of clean cold water. The water pipe shall be provided with a quick opening valve and at least 48 inches of hose not smaller than ¾ inch. At no time shall water pressure for eyewashes exceed 25 p.s.i. Alternatively, deluge showers and eye flushes shall be provided; and

(d) All employees working in and around open-surface tank operations shall be trained by the employer as to the hazards of their respective jobs, and in the personal protection and first aid procedures applicable to these hazards.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.74)
#8796, eff 1-11-07 (from Lab 1403.62); ss by #10809, eff 4-9-15 (from Lab 1403.55); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.60 Tire Cages {#sec-lab-1403.60 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.60}

The employer shall ensure that a safety tire rack, cage, or equivalent protection shall be provided and used when inflating, mounting, or dismounting tires installed on split rims, or rims equipped with locking rings or similar devices.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.75)
#8796, eff 1-11-07 (from Lab 1403.63); ss by #10809, eff 4-9-15 (from Lab 1403.56); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.61 Toxic Substance. {#sec-lab-1403.61 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.61}

(a) The employer shall remove hazards from the workplace, and establish policies and work practices aimed at maintaining a safe work environment to protect workers from exposure to hazardous and toxic substances such as radioactive substances or other hazardous substances which are defined as a toxic substance under RSA 277-A:3, V.

(b) When engineering and administrative controls are not feasible to achieve acceptable levels, protective equipment shall be used to keep the exposure of employees below the established limits.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRES: 10-09-06 (formerly Lab 1403.77)
#8796, eff 1-11-07 (from Lab 1403.64); ss by #10809, eff 4-9-15 (from Lab 1403.57); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.62 Traffic {#sec-lab-1403.62 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.62}

Control.

(a) The employer shall ensure that an effective means for control of pedestrian and vehicular traffic be instituted on every job site where necessary.

(b) Under the authority of RSA 277:16 and in reference to traffic control devices on job sites, the employer shall ensure compliance with Part 6 of the 2009 Edition with revisions 1 and 2 dated May 2012 of the Federal Highway Administration Manual on Uniform Traffic Control Devices MUTCD approved under 23 CFR PART 630, Subpart F, 630.1106 (c), effective January 15, 2010, as specified in Appendix B.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRES: 10-09-06 (formerly Lab 1403.78)
#8796, eff 1-11-07 (from Lab 1403.65); ss by #10809, eff 4-9-15 (from Lab 1403.58); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.63 Trash {#sec-lab-1403.63 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.63}

The employer shall ensure that all sweepings, solid or liquid wastes, refuse, and garbage shall be removed in such a manner as to avoid creating a menace to health and as often as necessary to maintain good sanitary conditions.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.79)
#8796, eff 1-11-07 (formerly Lab 1403.66); ss by #10809, eff 4-9-15 (from Lab 1403.59); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.64 Tree Care Operations {#sec-lab-1403.64 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.64}

The employer shall ensure compliance with the following requirements:

(a) Head protection shall be worn by workers engaged in tree operations. The head protection worn shall contain the manufacturer’s certification that it complies with ANSI Z89.1-1981 as amended. When working in proximity to electrical lines, the head protection worn shall contain the manufacturer’s certification that it is a Class B hard hat which complies with ANSI Z89.1-1981 as amended;

(b) Safety belts, tree-trimming saddle belts, or a saddle formed by a double bowline on a bight shall be worn to protect workers above ground level;

(c) Saddle belts or safety belts used for climbing operations shall have forged support rings. Snaps used in climbing ropes or in safety straps, for attachment to the forged support ring, shall be of self-closing safety type. Forged support rings shall be designed so that the snaps will not become disengaged, or roll off accidentally;

(d) Climbing ropes shall be used when working aloft in trees. Manila ropes shall have minimum diameter of 1/2 inch and shall be 3 or 4 strand first-grade manila, with a rated breaking strength of 2385 pounds or equivalent strength and durability. Synthetic rope shall have a maximum elasticity of not more than 7 percent;

(e) Climbing ropes shall not be used to lower limbs or other parts of trees, or to raise or lower equipment;

(f) The employer shall provide, and the employee shall use, chaps specifically designed to foul a moving chain whenever chain saws are used;

(g) All employees shall be instructed in the hazards associated with working in close proximity to overhead power lines;

(h) A competent person, as defined in Lab 1402.09, shall determine whether tree care operations can be safely performed near energized power lines;

(i) Rescue procedures for employees working above ground shall be established by the employer, and the employees trained accordingly;

(j) Brush chipper access panels for maintenance and adjustment shall be closed and secured prior to operation of brush chippers;

(k) Each rotary drum tree or brush chipper or disk-type tree or brush chipper not equipped with a mechanical in-feed system shall be equipped with an in-feed hopper not less than 85 inches 2.15 m, measured from the blades or knives to ground level over the centerline of the hopper, and shall have sufficient height on its side members so as to prevent personnel from contacting the blades or knives of the machine during normal operations;

(l) Each disk-type tree or brush chipper equipped with a mechanical in-feed system shall have a quick stop and reversing device on the in-feed. The activating lever for the quick stop and reversing device shall be located across the top, along each side of, and as close to the feed end of the in-feed hopper as practicable and within easy reach of the operator;

(m) Equipment on which workers stand and spray while the vehicle is in motion shall be equipped with guardrails around the working area;

(n) When using portable powered brush cutting saws no one except the operator shall be within 10 feet of the cutting head of the brush saw;

(o) The power unit shall be equipped with a quick shutoff switch readily accessible to the operator;

(p) When chainsaws are operated, the manufacturer’s operating and safety instructions shall be followed;

(q) Chain saws used by employees shall be equipped with a properly adjusted inertia chain brake designed to stop the chain rotation in the event of a saw kickback;

(r) Chain saws weighing more than 15 pounds that are used in trees shall be supported by a separate line, except when used from an aerial-lift device;

(s) The engine shall be stopped when power saws are being carried. The saw shall not need to be stopped between cuts during consecutive felling, bucking, or climbing or cutting operations on level ground. The chain shall not be turning and the operator’s hand shall be off the throttle lever while operators move between work locations. One-man saws shall be carried by the worker on their side with the guide bar of the saw pointed to the rear. A two-man saw shall be carried by 2 workers; and

(t) The engine shall be stopped for all cleaning, refueling, adjustments, and repairs to the saw or motor where practical, except where manufacturer’s procedures require otherwise.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.80)
#8796, eff 1-11-07 (formerly Lab 1403.67); ss by #10809, eff 4-9-15 (from Lab 1403.60); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.65 Wall Openings {#sec-lab-1403.65 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.65}

The employer shall ensure that wall openings, from which there is a drop of more than 6 feet and the bottom of the opening is less than 3 feet above the working surface, be guarded.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.81)
#8796, eff 1-11-07 (formerly Lab 1403.68); ss by #10809, eff 4-9-15 (from Lab 1403.61); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.66 Washing Facilities {#sec-lab-1403.66 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.66}

The employer shall ensure compliance with the following requirements:

(a) Washing facilities shall be maintained in a sanitary condition and be provided in every place of employment except for mobile crews or normally unattended work locations where employees have ready access to nearby sanitary facilities; and

(b) A cleaning agent and either individual hand towels, sections of cloth or paper, warm air blowers, or clean individual sections of continuous cloth toweling shall be provided at washing facilities.

History

#4118 eff 8-22-86, EXPIRED: 8-22-92
#6684, eff 2-4-98, EXPIRED: 2-4-06
#8606, INTERIM, eff 4-12-06, EXPIRED: 10-09-06 (formerly Lab 1403.82)
#8796, eff 1-11-07 (formerly Lab 1403.69); ss by #10809, eff 4-9-15 (from Lab 1403.62); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.67 Welding and Cutting {#sec-lab-1403.67 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.67}

The employer shall ensure compliance with the following requirements:

(a) Welding equipment shall be chosen for safe application to the work and shall be installed properly. Employees designated to operate welding equipment shall be properly instructed and qualified by the employer or equipment manufacturer to operate it;

(b) Mechanical ventilation shall be provided when welding or cutting in an area with less than 10,000 cubic feet per welder, or where the overhead height is less than 16 feet;

(d) When welding in a fixed location the welder shall be enclosed with a booth, or non-combustible screening, with a finish of low reflectivity with respect to visible and ultraviolet radiation;

(e) Proper precautions for fire protection such as isolating welding and cutting, removing fire hazards from vicinity, and providing a fire watch shall be taken in areas where welding or cutting is being done;

(f) When welding operations requiring fluxes, coverings, coatings, or alloys, or involving fluorine compounds, zinc, lead, beryllium, cadmium, or mercury produce specific health hazards, a competent person shall evaluate potential exposure and ensure necessary protective measures, such as ventilation and personal protective equipment, are used;

(g) Welding and cutting operations shall be shielded by noncombustible or flameproof shields to protect employees from direct arc rays;

(h) Arc welding and cutting operations shall be shielded by non-combustible or flameproof shields to protect employees from direct arc rays;

(i) When electrode holders are left unattended, the electrodes shall be removed and the holder shall be placed or protected so that they cannot make electrical contact with employees or conducting objects;

(j) All arc welding and cutting cables shall be completely insulated and be capable of handling the maximum current requirements for the job. There shall be no repairs or splices within 10 feet of the electrode holder, except where splices are insulated equal to the insulation of the cable. Defective cable shall be repaired or replaced;

(k) Fuel gas and oxygen hose shall be easily distinguishable and shall not be interchangeable. Hoses shall be inspected at the beginning of each shift and shall be repaired or replaced if defective; and

(l) Oxygen and fuel gas regulators shall be in proper working order when in use.

History

#10809, eff 4-9-15 (from Lab 1403.63); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.68 Welding in Confined Spaces {#sec-lab-1403.68 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.68}

The employer shall ensure compliance with the following requirements:

(a) In addition to the requirements in Lab 1403.14, all welding and cutting operations carried on in confined spaces shall be ventilated to prevent the accumulation of toxic substances or possible oxygen deficiency;

(b) In such operations where it is impossible to provide such ventilation, air supplied respirators or hose masks, which are labeled to indicate they are approved by Mine Safety and Health Administration (MSHA) for this purpose, shall be used;

(c) In areas immediately hazardous to life, hose masks with blowers, or self-contained breathing equipment shall be used. The breathing equipment shall be labeled to indicate it is approved by MSHA;

(d) Where welding operations are carried on in confined spaces and where welders and helpers are provided with hose masks, hose masks with blowers, or self-contained breathing equipment, a worker shall be stationed on the outside of such confined spaces to ensure the safety of those working within; and

(e) Oxygen shall never be used for ventilation.

History

#10809, eff 4-9-15 (from Lab 1403.64); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.69 Wire Ropes, Chains, and Rigging Equipment {#sec-lab-1403.69 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.69}

The employer shall ensure compliance with the following requirements

(a) Each day before being used, all rigging equipment and attachments shall be inspected for damage or defects by a competent person designated by the employer. Additional inspections shall be performed during use, where service conditions warrant. Damaged or defective equipment shall be immediately removed from service;

(b) Employers shall ensure that all rigging equipment used in a rigging system:

(1) Have permanently affixed and legible manufacturer identification markings that indicate the recommended safe working load; and

(2) Not be loaded for more than its recommended safe working load;

(c) Special custom design grabs, hooks, clamps, or other lifting accessories shall be marked to indicate the safe working loads and shall be proof tested prior to use to 125 percent of their rated load. The employer shall retain a certificate of the proof test and make it available for examination;

(d) In addition to the inspection requirements in (a) above, a thorough periodic inspection of alloy steel chains used in rigging equipment or sling systems shall be made at least every 12 months as follows:

(1) The alloy steel chain inspection shall determine:

a. Frequency of chain use;

b. Severity of service conditions;

c. Nature of lifts being made; and

d. Experience gained on the service life of chains used in similar circumstances;

(2) The employer shall make and maintain a record of the most recent month in which each alloy steel chain was thoroughly inspected and shall make such record available for examination;

(3) Job or shop hooks and links, makeshift fasteners, or other such attachments, shall not be used with alloy steel chains; and

(4) Whenever wear at any point of any chain link exceeds that shown in Table 1400.8, the assembly shall be removed from service;

(e) The following limitations shall apply to the use of wire rope:

(1) An eye splice made in any wire rope shall have not less than 3 full tucks. However, this requirement shall not operate to preclude the use of another form of splice or connection which can be shown to be as effective;

(2) Except for eye splices in the ends of wires and for endless rope slings, each wire rope used in rigging equipment shall consist of one continuous piece without knot or splice;

(3) Eyes in wire rope bridles, slings, or bull wires shall not be formed by wire rope clips or knots;

(4) Wire rope shall not be used if, in any length of 8 diameters, the total number of visible broken wires exceeds 10 percent of the total number of wires, or if the rope shows other signs of excessive wear, corrosion, or defect;

(5) When U-bolt wire rope clips are used to form eyes, Table 1400.9 shall be used to determine the number and spacing of clips. When used for eye splices, the U-bolt shall be applied so that the “U” section is in contact with the dead end of the rope;

(6) Slings shall not be shortened with knots or bolts or other makeshift devices;

(7) Sling legs shall not be kinked;

(8) Slings used in a basket hitch shall have the loads balanced to prevent slippage;

(9) Slings shall be padded or protected from the sharp edges of their loads;

(10) Body parts shall not be placed between the sling and its load while the sling is being tightened around the load;

(11) Shock loading is prohibited;

(12) A sling shall not be pulled from under a load when the load is resting on the sling;

(13) Slings shall have a minimum length as follows:

a. Cable laid and 6 × 19 and 6 × 37 slings shall have a minimum clear length of wire rope 10 times the component rope diameter between splices, sleeves, or end fittings;

b. Braided slings shall have a minimum clear length of wire rope 40 times the component rope diameter between the loops or end fittings; and

c. Cable laid grommets, strand laid grommets, and endless slings shall have a minimum circumferential length of 96 times their body diameter;

(14) Fiber core wire rope slings of all grades shall be permanently removed from service if they are exposed to temperatures above 200 °F. When non-fiber core wire rope slings of any grade are used at temperatures above 400 °F or below minus 60 °F, recommendations of the sling manufacturer regarding use at that temperature shall be followed;

(15) Welding of end attachments, except covers to thimbles, shall be performed prior to the assembly of the sling;

(16) All welded end attachments shall not be used unless proof tested by the manufacturer or equivalent entity at twice their rated capacity prior to initial use. The employer shall retain a certificate of the proof test and make it available for examination; and

(17) Wire rope slings shall have permanently affixed, legible identification markings stating size, rated capacity for the type(s) of hitch(es) used and the angle upon which it is based, and the number of legs if more than one;

(f) Employers shall utilize natural and synthetic fiber rope as follows:

(1) All splices in natural rope and synthetic fiber slings provided by the employer shall be made in accordance with fiber rope manufacturer’s recommendations and the following requirements:

a. In manila rope, eye splices shall contain at least 3 full tucks, and short splices shall contain at least 6 full tucks with three on each side of the centerline of the splice;

b. In synthetic fiber rope, eye splices shall contain at least 4 full tucks, and short splices shall contain at least 8 full tucks with four on each side of the centerline of the splice;

c. Strand end tails shall not be trimmed short, flush with the surface of the rope, immediately adjacent to the full tucks. This requirement shall apply to both eye and short splices and all types of fiber rope. For fiber ropes under 1 inch in diameter, the tails shall project at least 6 rope diameters beyond the last full tuck. For fiber ropes of one inch diameter and larger, the tails shall project at least 6 inches beyond the last full tuck. In applications where the projecting tails might be objectionable, the tails shall be tapered and spliced into the body of the rope using at least 2 additional tucks which will require a tail length of approximately 6 rope diameters beyond the last full tuck;

d. For all eye splices, the eye shall be sufficiently large to provide an included angle of not greater than 60° at the splice when the eye is placed over the load or support;

e. Knots shall not be used in lieu of splices;

f. Fiber rope slings shall have a minimum clear length of rope between eye splices equal to 10 times the rope diameter; and

g. Clamps not designed specifically for fiber ropes shall not be used for splicing;

(2) Natural and synthetic fiber rope slings, except for wet frozen slings, may be used in a temperature range from minus 20 °F to plus 180 °F without decreasing the working load limit. For operations outside this temperature range and for wet frozen slings, the sling manufacturer's recommendations shall be followed;

(3) Natural or synthetic fiber rope slings shall not be used if end attachments in contact with the rope have sharp edges or projections;

(4) Natural or synthetic fiber rope slings shall be immediately removed from service if any of the following conditions are present:

a. Abnormal wear;

b. Powdered fiber between strands;

c. Broken or cut fibers;

d. Variations in the size or roundness of strands;

e. Discoloration or rotting; or

f. Distortion of hardware in the sling;

(g) Employers shall utilize synthetic webbing in accordance with the following:

(1) The employer shall have each synthetic web sling marked or coded to show:

a. Name or trademark of manufacturer;

b. Rated capacities for the type of hitch; and

c. Type of material;

(2) Synthetic webbing shall be of uniform thickness and width and selvage edges shall not be split from the webbing’s width;

(3) Fittings shall be:

a. Of a minimum breaking strength equal to that of the sling; and

b. Free of all sharp edges that could in any way damage the webbing;

(4) Stitching shall be the only method used to attach end fittings to webbing and to form eyes. The thread shall be in an even pattern and contain enough stitches to develop the full breaking strength of the sling;

(5) When synthetic web slings are used, the following precautions shall be taken:

a. Nylon web slings shall not be used where acidic or phenolic fumes, vapors, sprays, mists, or liquids are present;

b. Polyester and polypropylene web slings shall not be used where caustic fumes, vapors, sprays, mists, or liquids are present; and

c. Web slings with aluminum fittings shall not be used where caustic fumes, vapors, sprays, mists, or liquids are present;

(6) Synthetic web slings of polyester and nylon shall not be used at temperatures above 180 °F. Polypropylene web slings shall not be used at temperatures above 200 °F;

(7) Synthetic web slings shall be immediately removed from service if any of the following conditions are present:

a. Acidic or caustic burns;

b. Melting or charring of any part of the sling surface;

c. Snags, punctures, tears, or cuts;

d. Broken or worn stitches; or

e. Distortion of fittings;

(h) For shackles and hooks, the manufacturer's recommendations shall be followed in determining the safe working loads of the various sizes and types of specific and identifiable shackles or hooks. All shackles or hooks for which no applicable manufacturer's recommendations are available shall be tested to twice the intended safe working load before they are initially put into use. The employer shall maintain a record of the dates and results of such tests;

(i) Employers shall use Table 1400.8 to determine maximum allowable wear; and

Table 1400.8 – Maximum Allowable Wear.

Chain size, (inches)

Maximum allowable wear (inch)

1/4"

3/64"

3/8"

5/64"

1/2"

7/64"

5/8"

9/64"

3/4"

5/32"

7/8"

11/64"

3/16"

1 - 1/8"

7/32"

1 - 1/4"

1/4"

1 - 3/8"

9/32"

1 - 1/2"

5/16"

1 - 3/4"

11/32"

(j) Employers shall use Table 1400.9 to determine number and spacing of U-Bolt wire rope clips:

Table 1400. 9 – Number and Spacing of U-Bolt Wire Rope Clips.

Number of Clips

Improved Plow Steel, Rope Diameter (inches)

Drop Forged

Other Material

Minimum Spacing (inches)

1/2"

5/8"

3 - 3/4"

4-Mar

4 - 1/2"

7/8"

5 - 1/4"

1 - 1/8"

6 - 3/4"

1 - 1/4"

7 - 1/2"

1 - 3/8"

8 - 1/4"

1 - 1/2"

History

#10809, eff 4-9-15 (from Lab 1403.65); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

N.H. Code Admin. R. Ann. Lab 1403.70 Woodworking Machinery {#sec-lab-1403.70 omnilex-key=us-nh-regs-official--agency-lab--Lab 1403.70}

The employer shall ensure compliance with the following requirements:

(a) All woodworking machinery such as table saws, swing saws, radial saws, band saws, jointers, tenoning machines, boring and mortising machines, shapers, planers, lathes sanders, and veneer cutters, shall be effectively guarded to protect the operator and other employees from hazards inherent to their operation;

(b) A power control device shall be provided on each machine to make it possible for the operator to cut off the power to the machine without leaving their position at the point of operation;

(c) Power controls and operating controls shall be located within easy reach of the operator while the operator is at their regular work location, making it unnecessary to reach over the cutter to make adjustments. This shall not apply to constant pressure controls used only for setup purposes;

(d) Each operating treadle shall be protected against unexpected or accidental tripping;

(e) Disconnect switches shall be capable of being locked or tagged in the off position; and

(f) On applications where injury to the operator might result if motors were to restart after a power failure, provision shall be made to prevent machines from automatically restarting upon restoration of power.

APPENDIX A

Rule

Statute

Lab 1401.01 and Lab 1401.02

RSA 281-A:64; RSA 273:9; RSA 277:13; RSA 277:15

Lab 1402.01 – Lab 1402.08

RSA 281-A:64

Lab 1402.09

RSA 281-A:64; RSA 273:9; RSA 277:11; RSA 277:13; RSA 277:15

Lab 1402.10

RSA 281-A:64

Lab 1402.11 – Lab 1402.16

RSA 281-A:64

Lab 1402.17

RSA 281-A:64; RSA 273:9; RSA 277:11; RSA 277:13; RSA 277:15

Lab 1402.18

RSA 281-A:64; RSA 273:9; RSA 277:11; RSA 277:13; RSA 277:15

Lab 1402.19 – Lab 1402.24

RSA 281-A:64

Lab 1402.25

RSA 281-A:64; RSA 277:1-b, V

Lab 1402.26 – Lab 1402.45

RSA 281-A:64

Lab 1403.01 – Lab 1403.03

RSA 281-A:64

Lab 1403.04

RSA 281-A:64; RSA 277:15-a; RSA 277:15-b

Lab 1403.05 – Lab 1403.29

RSA 281-A:64; RSA 273:9; RSA 277:11; RSA 277:13; RSA 277:15

Lab 1403.30

RSA 281-A:64; RSA 273:9; RSA 277:10; RSA 277:11; RSA 277:13; RSA 277:15

Lab 1403.31 – Lab 1403.54

RSA 281-A:64; RSA 273:9; RSA 277:11; RSA 277:13; RSA 277:15

Lab 1403.55

RSA 281-A:64; RSA 273:9; RSA 277: 2; RSA 277:3; RSA 277: 4; RSA 277:11; RSA 277:13; RSA 277:15

Lab 1403.56 – Lab 1403.65

RSA 281-A:64; RSA 273:9; RSA 277:10; RSA277:11; RSA 277:13; RSA 277:15

Lab 1403.66

RSA 281-A:64; RSA 273:9; RSA 277:10; RSA 277:11; RSA 277:13; RSA 277:15

Lab 1403.67 – Lab 1403.70

RSA 281-A:64; RSA 273:9; RSA 277:10; RSA 277:11; RSA 277:13; RSA 277:15

APPENDIX B

Rule

Title

Obtain at:

Lab 1403.62(b)

Part 6 of the 2009 Edition of the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) with Revisions 1 and 2, May 2012 approved under Rules 23CFR PART 630, Subpart F, 630.1106 (c), effective January 15, 2010

The material can be obtained at no cost on the US Department of Transportation Federal Highway Administration’s web site: http://mutcd.fhwa.dot.gov/pdfs/2009/part6.pdf and Links to hard copy publications can be found on their web site at http://mutcd.fhwa.dot.gov/ser-pubs.htm.

Costs for hard a copy of publication: AASHTO Bookstore - $60.00 for non-members; American Traffic Safety Services Assoc. - $29.70 for non-members ($22.50 for Flash Drive); Institute of Transportation Engineers - $50.00; IMSA $100.00

History

#10809, eff 4-9-15 (from Lab 1403.66); ss by #14431, eff 11-22-25, EXPIRES: 11-22-35

Chapter Lab 1500 Employee Leasing Companies

Part Lab 1501 Purpose

N.H. Code Admin. R. Ann. Lab 1501.01 Purpose {#sec-lab-1501.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1501.01}

These rules establish standards for the operation, regulation, and licensing of employee leasing companies, as permitted by statute.

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12, ss by #13440, eff 8-24-22

Part Lab 1502 Definitions

N.H. Code Admin. R. Ann. Lab 1502.01 Applicant {#sec-lab-1502.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1502.01}

"Applicant" means “applicant” as defined in RSA 277-B:2 I, namely a person seeking to be licensed under RSA 277-B or seeking the renewal of a license issued under RSA 277-B.

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12, ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1502.02 Client company {#sec-lab-1502.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1502.02}

"Client company" means “client company” as defined in RSA 277-B:2, III, namely “a person who enters into an employee leasing arrangement with an employee leasing company.”

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12, ss by #13440, eff 8-24-22 (formerly Lab 1502.03)

N.H. Code Admin. R. Ann. Lab 1502.03 Commissioner {#sec-lab-1502.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1502.03}

"Commissioner" means “commissioner” as defined in RSA 277-B:2, II, namely “the commissioner of the department of labor.”

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12, ss by #13440, eff 8-24-22 (formerly Lab 1502.02)

N.H. Code Admin. R. Ann. Lab 1502.04 Employee leasing arrangement {#sec-lab-1502.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1502.04}

"Employee leasing arrangement" means “employee leasing arrangement” as defined in RSA 277-B:2, IV, namely “an arrangement, under written contract, whereby:

(a) An employee leasing company assigns an individual, including an individual who was previously employed by the client company or its predecessor, affiliate, or subsidiary, to perform services for the client company; and

(b) The arrangement is intended to be, or is, on-going rather than temporary in nature, and not aimed at temporarily supplementing the work force.”

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12, ss by #13440, eff 8-24-22 (formerly Lab 1502.04)

N.H. Code Admin. R. Ann. Lab 1502.05 Employee leasing company {#sec-lab-1502.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 1502.05}

"Employee leasing company" means “employee leasing company” as defined in RSA 277-B:2, V, namely “any person:

(a) Engaged in providing the services of employees pursuant to one or more employee leasing arrangements; or

(b) Who otherwise regularly provides services of a nature customarily understood to be employer responsibilities including, but not limited to, the provision of health insurance plans, workers' compensation or retirement or other benefit plans in the name of an entity other than the company on site where the employees provide services.”

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12, ss by #13440, eff 8-24-22 (formerly Lab 1502.05)

N.H. Code Admin. R. Ann. Lab 1502.06 Fine {#sec-lab-1502.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 1502.06}

“Fine” means a civil penalty as imposed by the department of labor.

History

#13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1502.07 Person {#sec-lab-1502.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 1502.07}

“Person” means “person” as defined in RSA 277-B:2, V-a, namely “any individual, partnership, corporation, limited liability company, association, or other legal entity.”

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12 (from Lab 1502.06); ss by #13440, eff 8-24-22 (formerly Lab 1502.06)

N.H. Code Admin. R. Ann. Lab 1502.08 Temporary help service {#sec-lab-1502.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 1502.08}

"Temporary help service" means “temporary help service” as defined in RSA 277-B:2, VI, namely “a service whereby an organization hires its own employees and assigns them to clients to support or supplement the client work force in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects.”

History

#10221, eff 11-3-12 (from Lab 1502.07); ss by #13440, eff 8-24-22 (formerly Lab 1502.07)

N.H. Code Admin. R. Ann. Lab 1502.09 Temporary employee {#sec-lab-1502.09 omnilex-key=us-nh-regs-official--agency-lab--Lab 1502.09}

"Temporary employee" means “temporary employee” as defined in RSA 277-B:2, VII, namely “an individual hired to perform temporary help service.”

History

#13440, eff 8-24-22 (formerly Lab 1502.08)

Part Lab 1503 Licensing; Initial Application

N.H. Code Admin. R. Ann. Lab 1503.01 License Required {#sec-lab-1503.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1503.01}

No person shall engage in the business of employee leasing nor hold itself out to the public as an employee leasing company without first having secured a license under the provisions of RSA 277-B and these rules.

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12, ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1503.02 Initial Application {#sec-lab-1503.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1503.02}

(a) Every applicant for an initial employee leasing company license shall complete, sign, have the signature acknowledged by a notary public, and file with the commissioner “Employee Leasing Application” form WC-EMPLSNG Rev. 08/2022, together with a non-refundable application fee of $100. This application fee shall be in addition to the annual license fee set by Lab 1504.

(b) The applicant for an employee leasing company license shall supply the following on or attached to form “Employee Leasing Application”:

(1) A department of safety, division of state police, notarized “Criminal Record Release Authorization”, pursuant to rule Saf-C 5703, along with any required fee, with the commissioner identified as the recipient of the record or records, authorizing a criminal background check for each principal, officer, manager, or individual who owns 10 percent or more or exercises the power to control day to day operation or direction of the applicant;

(2) Proof of the applicant's workers’ compensation coverage as described by RSA 281-A:5 for all leased employees of the applicant;

(3) If applicable, certification that the health insurance policy provided complies with the requirements of RSA 277-B:11;

(4) Certification pursuant to RSA 277-B:5,VI that the applicant does not conduct a temporary help service through the same entity as the applicant's employee leasing company;

(5) The applicant’s audited financial statement prepared by an independent certified public accountant in accordance with generally accepted accounting principles within 13 months prior to the date of application which shows a minimum working capital of $100,000, pursuant to RSA 277-B:6, I;

(6) A copy of the manual provided to the leased employees pursuant to the requirements of RSA 277-B:9, I (i);

(7) A complete description of the employee grievance system required by RSA 277-B:9, I (j);

(8) Letters of good standing from the NH department of employment security and NH department of revenue administration, showing that the applicant has fulfilled the requirements of RSA 277-B:7;

(9) If the applicant is required to hold any additional license issued by a state or federal agency relative to its operations, provide certified copies of the licenses granted;

(10) If the applicant is not a New Hampshire domiciliary, a copy of the applicant’s employee-leasing license or registration issued by its state of domicile, or if no license or registration is issued by that state, then a certificate or letter of good standing;

(11) A written statement explaining how the applicant shall meet the financial assurances required by RSA 277-B:6;

(12) For any applicant domiciled in New Hampshire, a written safety summary of the applicant as required by RSA 281-A:64, II; and

(13) If the applicant is a subsidiary of a parent company, a document signed by the parent company agreeing and guaranteeing the direct payment of benefits if the applicant fails or defaults in its obligation to do so, which agreement shall not be terminated without 60 days’ notice to the commissioner. The parent company shall complete, sign, have the signature acknowledged by a notary public, and file with the commissioner the “Parent Company Agreement” form WC-EMPLSNG-PC Rev. 08/2022.

(c) The workers' compensation policy or policies as required in (b)(2) above shall reflect the workers' compensation classification based on the work performed by the employees of the leasing company.

(d) The workers' compensation policy or policies as required in (b)(2) above shall comply with RSA 281-A and Lab 100 through Lab 500 rules adopted thereunder.

(e) If meeting the requirement of (b)(3) above, the health insurance policy shall be in the name of the applicant and shall be current.

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12, ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1503.03 Information Evaluated {#sec-lab-1503.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1503.03}

(a) Every applicant for an employee leasing company license shall file with the commissioner the material required by Lab 1503.02. The information shall be evaluated as set forth in this section.

(b) The department shall first verify compliance with Lab 1503.02.

(1) Before issuing a license, the commissioner shall review the application to assure that the applicant shall be able to provide the services of an employee-leasing company as required by law; and

(2) To make this determination, the commissioner shall review information about the applicant’s history, operations, and financial abilities, including:

a. The applicant's identity;

b. The existence of workers' compensation coverage in the name of the applicant for every leased employee;

c. The health insurance coverage, if any;

d. The business activities of principals during the 5 years immediately preceding the date of application;

e. If the applicant has had its leasing license suspended, limited, or denied in any other jurisdiction;

f. If the applicant has not paid employee wages, benefits, federal or state payroll taxes, or unemployment compensation contributions when due in this state or any other jurisdiction;

g. If the potential leased employee will be informed via the employee manual that the leased employee is in an employee-leasing arrangement;

h. If a complete copy of the employee manual is available for distribution to the leased employees pursuant to the requirements of RSA 277-B:9, I (i);

i. If a complete description of the employee grievance system, as required by RSA 277-B:9, I (j), is included in the employee manual;

j. If the applicant is in good standing in the state of domicile through the applicant providing a copy of the license, or if no license by a letter of good standing;

k. If the applicant has outstanding unpaid civil penalties owed to New Hampshire; and

l. If any person named in the license application has been convicted of a crime, failed to pay business taxes required, or civil penalties owed, or in any other way avoided financial responsibility.

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12, ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1503.04 Temporary Help Employee Prohibited {#sec-lab-1503.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1503.04}

No employee leasing company shall provide temporary help employees through the same entity as the applicants leased employees, or commingle the funds of the 2 entities.

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12, ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1503.05 Use of an Approved Assurance Organization {#sec-lab-1503.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 1503.05}

(a) If the commissioner determines that it would provide greater financial protection or access to additional compliance information, or assist the commissioner in minimizing the cost of administration, then the commissioner shall approve an independent and qualified assurance organization in accordance with RSA 277-B:6, IV. Such approved assurance organization shall assure that applicants and licensed employee leasing companies comply with the requirements of RSA 277-B and these rules.

(b) To be considered for approval as an assurance organization, the assurance organization shall submit a written request for approval to the commissioner, including evidence that the assurance organization:

(1) Is independent;

(2) Is licensed or approved by one or more states to certify the qualifications of employee leasing companies;

(3) Has an established national program for the accreditation and financial assurance of employee leasing companies; and

(4) Is capable of determining a failure of any employee leasing company to meet the qualifications for licensure under RSA 277-B or to meet the requirements for certification by the assurance organization and is capable of providing written notice to the commissioner within 2 business days of such failure.

(c) The commissioner shall, by letter to the assurance organization, approve an assurance organization that meets the requirements of paragraphs (a) and (b).

(d) Once approved, the assurance organization may act on behalf of an employee leasing company to provide the commissioner with an application that has been executed by the authorized signatory of each employee leasing company requesting licensing under RSA 277-B:6, IV.

(e) Such application of the employee leasing company shall:

(1) Authorize the approved assurance organization to share with the commissioner the application and compliance reporting information that has been provided to the assurance organization by the employee leasing company;

(2) Authorize the commissioner to accept information shared by the assurance organization for licensing or renewal of licensing of the employee leasing company;

(3) Certify that the information provided by the assurance organization to the commissioner is true and complete and that the employee leasing company is in full and complete compliance with all requirements of RSA 277-B ; and

(4) Provide the certification of the assurance organization that the employee leasing company is in compliance with the assurance organization’s standards and procedures and is qualified for licensure or renewal of licensure under RSA 277-B.

(f) If an approved assurance organization no longer meets the requirements of paragraph (b), the commissioner shall begin the process to suspend such approval under RSA 541-A:30 and conduct a detailed review of all information provided by the assurance organization on behalf of each employee leasing company that was licensed based upon that assurance organization’s certification. In such case, the commissioner shall notify each such employee leasing company in writing of any deficiencies, and each such employee leasing company shall have 60 days to correct any deficiencies as necessary to maintain licensure.

(g) The approval issued to an assurance organization shall remain in effect until the assurance organization withdraws from the state or until approval is suspended.

(h) An employee leasing company may authorize an approved assurance organization to act on its behalf in complying with the licensing and licensing renewal requirements of RSA 277-B, including the electronic filing of applications and other information and the payment of application and licensing fees. Use of an approved assurance organization shall be optional and not mandatory for an employee leasing company.

(i) If an employee leasing company, which has been licensed pursuant to the certification of an approved assurance organization, fails to comply with any provision of RSA 277-B or these rules, the commissioner shall provide the assurance organization 30 days written notice prior to taking action against any bond provided by the assurance organization. During these 30 days, the assurance organization may cure the failure to comply. The assurance organization may request a hearing pursuant to Lab 200 should it disagree with the decision of the commissioner concerning the withdrawal of approval of the assurance bond.

(j) Nothing in these rules shall limit or change the commissioner’s authority to issue licenses, revoke licenses, conduct investigations, or enforce any provision of RSA 277-B.

(k) Approved assurance organizations may establish an online portal with the department, instructions for which may be requested directly from the department, to submit leasing documentation for employee leasing companies.

History

#10221, eff 11-3-12, ss by #13440, eff 8-24-22

Part Lab 1504 Issuance of License and Fees

N.H. Code Admin. R. Ann. Lab 1504.01 License and Fees {#sec-lab-1504.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1504.01}

(a) The commissioner shall issue a license to operate as an employee leasing company, valid for one year from date of issue, to any person who qualifies for the license under the provisions of RSA 277-B:7, I and these rules.

(b) The applicant, if a domiciliary of New Hampshire, shall pay an annual license fee of $500. If the applicant is not domiciled in New Hampshire, the applicant shall pay an annual license fee in the amount of $500 or the amount required by the domiciliary state, whichever is greater.

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12, ss by #13440, eff 8-24-22

Part Lab 1505 Requirements During Operation as a Licensed Employee Leasing Company

N.H. Code Admin. R. Ann. Lab 1505.01 Adding or Terminating Clients {#sec-lab-1505.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1505.01}

The licensee shall submit to the department updated information on new and terminated client companies within the state of New Hampshire within 20 business days of such event by completing and filing “Notification of Employee Leasing Company Client Addition or Termination” form 6WC-LE, Rev.08/2022 . A client company shall be considered “new” if it commences to be subject to New Hampshire labor laws, regardless whether the client was previously a client of the licensee in another jurisdiction.

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12; ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1505.02 Financial Information Update {#sec-lab-1505.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1505.02}

The licensee shall submit to the department within 60 days after the end of each calendar quarter a certification by an independent certified public accountant that for such quarter all applicable federal and state payroll taxes have been paid on a timely basis in all such jurisdictions.

History

#10221, eff 11-3-12; ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1505.03 Client List {#sec-lab-1505.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1505.03}

Within 30 days of receipt of certification and each calendar quarter thereafter, the licensee shall submit to the department a list of current clients. This list shall not be considered a substitute for the individual notification on “Notification of Employee Leasing Company Client Addition or Termination” form 6WC-LE , Rev. 08/2022 required by Lab 1505.01.

History

#10221, eff 11-3-12; ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1505.04 Financial Statement {#sec-lab-1505.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1505.04}

Annually, the licensee shall submit to the department an audited financial statement prepared by an independent certified accountant showing the licensee has a minimum working capital of $100,000, or if the licensee does not have that level of working capital then the licensee shall explain how it will deal with any shortfall using the alternatives of RSA 277-B:6, I.

History

#10221, eff 11-3-12; ss by #13440, eff 8-24-22

Part Lab 1506 Renewal License

N.H. Code Admin. R. Ann. Lab 1506.01 Application {#sec-lab-1506.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1506.01}

for a Renewal License.

(a) Every licensee shall complete, sign, have the signature acknowledged by a notary public, and file form “Employee Leasing Application” form WC-EMPLSNG Rev. 08/2022 for renewal of license at least 60 days prior to expiration of its license, together with the renewal application fee of $100;

(b) The applicant for a renewal license shall supply the information required in Lab 1503.02(b)(1)-(13);

(c) The applicant for renewal license shall submit a completed “Notification of Employee Leasing Company Client Addition or Termination” form 6WC-LE, Rev 08/2022 for each client company in New Hampshire;

(d) If the applicant for renewal has received commissioner’s approval as to Lab 1503.02 (b) (10) by providing a surety bond, the bond shall be in the sum of $100,000 and shall remain in effect unless an applicant receives approval pursuant to Lab 1503.05 to substitute another bond or other guarantee that obligates the surety to pay all liabilities of the applicant under RSA 277-B.

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12; ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1506.02 Renewals After 5 Years {#sec-lab-1506.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1506.02}

If an employee leasing company has been continuously licensed without revocation or suspension for a period of 5 years or more, a renewal license shall remain in force for 2 years from the date of issue, provided that financial information required under RSA 277-B:6 is submitted on an annual basis. The licensing fee for a 2 year license shall be twice the annual amount.

History

#6626, eff 11-4-97, EXPIRED: 11-4-05
#10221, eff 11-3-12; ss by #13440, eff 8-24-22

Part Lab 1507 Restricted License

N.H. Code Admin. R. Ann. Lab 1507.01 Application for a Restricted License {#sec-lab-1507.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1507.01}

(a) An employee leasing company domiciled in any other state may apply for a restricted license for limited operation within this state if the applicant:

(1) Establishes that its domiciliary state provides substantially the same conditions for licensure of a New Hampshire domiciled employee leasing company in such jurisdiction;

(2) Does not maintain an office, a sales force, or sales representative in this state, and does not solicit clients residing or domiciled in this state;

(3) Does not have more than 100 leased employees working in this state.

(b) An applicant for a restricted license shall complete, sign, have the signature acknowledged by a notary public, and file form “Restricted Employee Leasing Application”, Rev.08/2022, together with an application fee of $100. The applicant shall pay an annual license fee of $100 or amount required by state of domicile pursuant to RSA 277-B:5, III(c), whichever is greater.

(c) The applicant shall attach the following information to completed form “Restricted Employee Leasing Application”, Rev. 08/2022:

(1) A detailed explanation, including relevant documentation, showing compliance with Lab 1507.01(a)(1)-(3); and

(2) That information required by Lab 1503.02(b)(1)-(13).

(d) The application for restricted license shall be reviewed pursuant to the criteria outlined in Lab 1503.03.

History

#10221, eff 11-3-12 (from Lab 1506.01); ss by #13440, eff 8-24-22

Part Lab 1508 Fines

N.H. Code Admin. R. Ann. Lab 1508.01 Fine {#sec-lab-1508.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1508.01}

Any person or employee leasing company who violates the provisions of RSA 277-B shall be subject to fines by the commissioner up to $1,000 per employee for each day the violation continues.

History

#10221, eff 11-3-12; ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1508.02 Commensurate Fines {#sec-lab-1508.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1508.02}

Any fines for violations of the labor laws of this state shall be assessed either against the employee company or the client company based upon the commensurate level of control of the worksite and each leasing party’s responsibility for compliance with the applicable violation.

History

#10221, eff 11-3-12; ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1508.03 Successive Violations {#sec-lab-1508.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1508.03}

Any such fines assessed by the department to an employee leasing company for violations of the labor laws of New Hampshire shall specify at which client company the violation occurred. Unless successive labor law violations occur within the same client company, the department shall treat each violation assessed to an employee leasing company for violations at a specific client company as a first violation and shall not aggregate violations at separate client companies to assess additional and successive fines.

History

#10221, eff 11-3-12; ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1508.04 Calculation of Proposed Fines {#sec-lab-1508.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1508.04}

(a) The total fine proposed by the department shall not be more than the sum of $1,000 per employee per each day the violation continues.

(b) In any case of a continuing violation activity, each day during which such violation occurs shall be a separate violation.

(c) When calculating the proposed fine, the department shall apply mitigating factors or aggravating factors as described in Lab 1508.04 (d) and (e) to determine mitigating circumstances or aggravating circumstances.

(d) The department shall apply the following mitigating factors when calculating a proposed fine:

(1) The violation of law was remedied within 30 days;

(2) The leasing company does not have a history of non-compliance with the statute (s) or rule(s) of the department;

(3) The leasing company has not derived direct or indirect economic benefit from the violation; and

(4) The leasing company has made a good faith effort to comply with the statute(s) or rule(s)

involved and the violation occurred despite those efforts.

(e) The department shall consider the following aggravating factors when calculating the proposed fine:

(1) The leasing company was aware of the requirements applicable to the activity(ies) that formed the basis for the department’s allegations at the time of the violation;

(2) The leasing company derived some direct or indirect economic benefit from the offense;

(3) The leasing company did not act in good faith to remedy the violation(s) for which the fine is sought; and

(4) The leasing company has a history of non-compliance with the statute(s) or rule(s) of the department.

History

#10221, eff 11-3-12; ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1508.05 Notice of Proposed Fine: Contents {#sec-lab-1508.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 1508.05}

To initiate an administrative fine proceeding, the department of labor shall notify the leasing company in writing of the following:

(a) The violation(s) alleged by the department and the facts on which the allegations are based;

(b) The statute that authorizes the commissioner to impose a fine;

(c) The statutory section(s) or rule(s) that specify the amount of the fine and the amount of the fine specified therein;

(d) The total amount of fine(s) being sought;

(e) An explanation of the mitigating and aggravating factors used to determine the amount of the proposed fine;

(f) That the leasing company has a right to a hearing prior to the imposition of the fine; and

(g) That the leasing company is required to respond to the notice within 30 days of the date of the notice.

History

#10221, eff 11-3-12; ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1508.06 Notice of Proposed Fine: Delivery {#sec-lab-1508.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 1508.06}

The notice required by Lab 1508.06 shall be delivered by:

(a) Mailing the notice first class mail, to the leasing company at the address listed on the application; or

(b) Emailing a copy of the proposed fine to the leasing company at the email address listed on the application; or

(c) Delivering the notice in hand to the leasing company or, if the leasing company is not available, to the leasing company’s representative.

History

#10221, eff 11-3-12; ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1508.07 Required Response to Notice of Proposed Fine {#sec-lab-1508.07 omnilex-key=us-nh-regs-official--agency-lab--Lab 1508.07}

(a) After receiving a notice of proposed fine, the leasing company shall respond to the notice by either:

(1) Indicating that the leasing company shall attend a hearing;

(2) Waiving the hearing and paying the proposed fine; or

(3) Requesting an informal meeting with the department to discuss the proposed fine.

(b) The leasing company shall file the response no later than 30 days from the date of the notice.

(c) Any leasing company who does not waive the hearing shall inform the department of any change in the leasing company’s mailing address that occurs prior to the final resolution of the matter.

(d) If the leasing company does not respond to the notice of proposed fine pursuant to Lab 1508.07 (a)(1) through to (a)(3) the department shall file a petition for hearing pursuant to Lab 200.

History

#10221, eff 11-3-12; ss by #13440, eff 8-24-22

N.H. Code Admin. R. Ann. Lab 1508.08 Payment of Fines {#sec-lab-1508.08 omnilex-key=us-nh-regs-official--agency-lab--Lab 1508.08}

(a) If the leasing company waives the right to a hearing, the leasing company shall pay the fine:

(1) No later than 30 days from the date of the notice; or

(2) If the case is settled, in accordance with the settlement agreement signed by the leasing company and the commissioner.

(b) In all other cases where a fine is imposed, the leasing company shall pay the fine within 30 days of the date of the hearing officer’s decision, or such longer time period as shall be specified in the decision.

(c) Payment shall be sent to the commissioner or such other person as is identified in the notice, decision, or settlement agreement, as applicable. Payment made by check or money order shall be made payable to “Treasurer, State of New Hampshire”.

APPENDIX

Rule

Specific State Statute which the Rule Implements

Lab 1501.01

RSA 277-B:1

Lab 1502.01 through Lab 1502.09

RSA 277-B:2

Lab 1503.01

RSA 277-B:12, I

Lab 1503.02 and Lab 1503.03

RSA 277-B:5-7

Lab 1503.04

RSA 277-B:5,VI

Lab 1503.05

RSA 277-B:6,IV

Lab 1504.01

RSA 277-B:5,I, RSA 277-B:7, RSA 277-B:8

Lab 1505.01

RSA 277-B:9,III

Lab 1505.02

RSA 277-B,6,III

Lab 1505.03

RSA 277-B:15-a

Lab 1505.04

RSA 277-B:6,I

Lab 1506.01

RSA 277-B:5,I

Lab 1506.02

RSA 277-B:8

Lab 1507.01

RSA 277-B:5,III

Lab 1507.01 through Lab 1508.03

RSA 277-B:12

Lab 1508.04

RSA 277-B:15

Lab 1508.05 to Lab 1508.08

RSA 277-B:12

History

#10221, eff 11-3-12; ss by #13440, eff 8-24-22 (formerly Lab 1508.14)

Chapter Lab 1600 Workers’ Compensation Appeals Advisory Board

Part Lab 1601 Purpose

N.H. Code Admin. R. Ann. Lab 1601.01 Statement of Purpose {#sec-lab-1601.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1601.01}

This chapter sets forth the procedures and forms for carrying out the provisions of RSA 281-A:42-aa pertaining to the workers’ compensation appeals advisory board.

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15; ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

Part Lab 1602 Definitions

N.H. Code Admin. R. Ann. Lab 1602.01 Advisory board {#sec-lab-1602.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1602.01}

“Advisory board” means the compensation appeals advisory board as established by RSA 281-A:42-aa.

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15; ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. Lab 1602.02 Candidate {#sec-lab-1602.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1602.02}

“Candidate” means a prospective member or a current member whose term is expiring.

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15; ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. Lab 1602.03 Commissioner {#sec-lab-1602.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1602.03}

“Commissioner” means the New Hampshire department of labor commissioner.

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15 (from 1602.02); ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. Lab 1602.04 Department {#sec-lab-1602.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1602.04}

“Department” means the New Hampshire department of labor.

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15 (from 1602.03); ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. Lab 1602.05 Compensation appeals board {#sec-lab-1602.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 1602.05}

“Compensation appeals board” means the workers’ compensation appeals board as established by RSA 281-A:42-a.

History

#10959, eff 10-23-15 (from 1602.04); ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

Part Lab 1603 Description of the Advisory Board

N.H. Code Admin. R. Ann. Lab 1603.01 Membership {#sec-lab-1603.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1603.01}

The advisory board shall consist of 5 voting members appointed in the manner prescribed in RSA 281-A:42-aa, I, and the commissioner who shall serve as the non-voting chair.

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15; ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. Lab 1603.02 Term {#sec-lab-1603.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1603.02}

(a) Voting members of the advisory board shall be appointed for a term of 3 years.

(b) No voting member shall serve for more than 2 consecutive terms.

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15; ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

Part Lab 1604 Duties of the Advisory Board

N.H. Code Admin. R. Ann. Lab 1604.01 Duties {#sec-lab-1604.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1604.01}

The advisory board shall meet as needed to perform the following functions:

(a) To evaluate candidate(s) for nomination to a term as a member of the compensation appeals board;

(b) To submit to the commissioner names of persons deemed qualified for nomination as members of the compensation appeals board; and

(c) To receive and review complaints concerning current members of the compensation appeals board forwarded to the advisory board by the commissioner in accordance with RSA 281-A:42-e.

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15; ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. Lab 1604.02 Meetings {#sec-lab-1604.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1604.02}

(a) The advisory board shall meet at the offices of the department at the call of the commissioner

(b) The commissioner shall set a date for a meeting and notify the advisory board at least 60 days prior to the date that the term of a member of the compensation appeals board is to expire.

Send the anonymous questionnaire, as cited in RSA 281-A:42- aa, IV (d) and Lab 1604.06, to participants in the appeal process; and
Upon receipt of completed questionnaires, the commissioner shall forward the questionnaires to the advisory board.

(d) The advisory board shall meet no later than 45 days prior to the date that the term of a member of the compensation appeals board is due to expire to evaluate candidates for the position and make their recommendation to the commissioner.

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15; ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. Lab 1604.03 Quorum {#sec-lab-1604.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1604.03}

Three voting members shall constitute a quorum for conducting business.

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15; ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. Lab 1604.04 Evaluation of Candidates {#sec-lab-1604.04 omnilex-key=us-nh-regs-official--agency-lab--Lab 1604.04}

(a) In determining whether a candidate for nomination to a term on the compensation appeals board should be recommended to the commissioner, the advisory board shall interview new candidates and review the materials submitted to it, including the resume and personal references of the candidate to determine:

That the candidate has the necessary education, 5 years’ experience and knowledge in the area of current workers’ compensation law based upon their:

a. Knowledge of current workers’ compensation law;

b. Education in workers’ compensation law; and

c. Practical experience in workers’ compensation law.

That the candidate has demonstrated the ability to serve in an unbiased and impartial manner.

(b) In determining whether a candidate for re-nomination to a term on the compensation appeals board should be recommended to the commissioner, the advisory board, in addition to the considerations contained in paragraph (a), shall also consider any complaints or concerns against the candidate that have been filed with the commissioner pursuant to RSA 281-A: 42-e and Lab 1604.02 (c), and responses to questionnaires returned pursuant to Lab 1604.06(c).

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15; ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. Lab 1604.05 Voting {#sec-lab-1604.05 omnilex-key=us-nh-regs-official--agency-lab--Lab 1604.05}

(a) Upon due consideration and deliberation, the advisory board shall vote based on the criteria noted in Lab 1604.04 whether to recommend a candidate for nomination to the compensation appeals board.

(b) The vote may be taken by voice vote or, at the request of the majority of the voting advisory board members in attendance, by secret ballot.

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15; ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

N.H. Code Admin. R. Ann. Lab 1604.06 Anonymous Questionnaire {#sec-lab-1604.06 omnilex-key=us-nh-regs-official--agency-lab--Lab 1604.06}

(a) In the discharge of its duties, the advisory board shall periodically review the content of the questionnaire, distributed in accordance with RSA 281-A:42—aa to participants involved in the appeal process.

(b) The advisory board shall determine the content of the questionnaire. Questionnaire content shall include issues of conduct of the compensation appeals board members and fairness of the proceedings without regard to whether the position advocated by the party was supported or rejected by the compensation appeals board panel. The Advisory Board may use “Workers’ Compensation Appeals Board Questionnaire, Form WCAAB 1 (1-2026).

(c) Completion of a questionnaire by a recipient shall be voluntary and anonymous. If a recipient chooses to complete the questionnaire, the recipient shall complete and return it by the date indicated on the questionnaire.

(d) The results of the questionnaire, in addition to the requirements set forth in Lab 1604.04(b) and Lab 1604.02 (c), shall be one factor used by the advisory board in the evaluation of candidates who are members of the compensation appeals board.

(e) The advisory board can request administrative assistance from the department in the distribution and compilation of the questionnaire.

APPENDIX

Rule

Specific State Statute the Rule Implements

Lab 1600

RSA 281-A:42-a; RSA 281-A:42-aa

History

#8527, eff 12-22-05, EXPIRED: 12-22-13
#10959, eff 10-23-15; ss by #14489, eff 1-22-26; EXPIRES: 1-22-36

Chapter Lab 1700 New Hampshire Worker Adjustment and Retraining

Part Lab 1701 Purpose

N.H. Code Admin. R. Ann. Lab 1701.01 Purpose {#sec-lab-1701.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1701.01}

The purpose of these rules are to define terms contained in RSA 275-F, to describe the notice required to be provided by RSA 275-F:3, and to notify employers how to inform required parties of any exceptions under the statute.

History

#13189, eff 4-20-21

Part Lab 1702 Definitions

N.H. Code Admin. R. Ann. Lab 1702.01 Days {#sec-lab-1702.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1702.01}

“Days” means calendar days, unless otherwise specified.

History

#13189, eff 4-20-21

Part Lab 1703 Rules for Providing Notice of a Mass Layoff or Plant Closure

N.H. Code Admin. R. Ann. Lab 1703.01 Required Notice {#sec-lab-1703.01 omnilex-key=us-nh-regs-official--agency-lab--Lab 1703.01}

Any employer who is anticipating carrying out a plant closing or mass layoff shall give notice to affected employees or their representative(s). The employer shall determine the most appropriate person within the employer’s organization to prepare and deliver the notice pursuant to Lab 1703.03.

History

#13189, eff 4-20-21

N.H. Code Admin. R. Ann. Lab 1703.02 Notice Timing {#sec-lab-1703.02 omnilex-key=us-nh-regs-official--agency-lab--Lab 1703.02}

Unless RSA 275-F:4 and Lab 1704.01 apply, notice shall be given at least 60 days prior to any planned plant closing or mass layoff, and the information in the notice shall be based on the best information available to the employer at the time the notice is issued.

History

#13189, eff 4-20-21

N.H. Code Admin. R. Ann. Lab 1703.03 Notification Requirements {#sec-lab-1703.03 omnilex-key=us-nh-regs-official--agency-lab--Lab 1703.03}

(a) The employer’s written statement as described in Lab 1703.03 (b) shall be mailed via First Class US Mail to:

(1) Affected employees and representatives of affective employees;

(2) The commissioner;

(3) The New Hampshire attorney general; and

(4) The chief elected official of each municipality in New Hampshire within which the plant closing or mass layoff occurs.

(b) The written notice shall include the following information:

(1) The name and address of the employment site where the plant closing or mass layoff will occur;

(2) A name and telephone number of a company official to contact for further information;

(3) A statement whether or not the planned action is expected to be permanent or temporary;

(4) A statement whether or not the entire plant is to be closed; and

(5) The expected date of the first separation and the anticipated schedule for making separations.

(c) The notice may also include additional information useful to the employees such as information on available dislocated worker assistance, and, if the planned action is expected to be temporary, the estimate duration, if known.

History

#13189, eff 4-20-21