44-5,104.Accident prevention programs; requirementsand reports;inspections; duties of secretary of labor; failure to maintain,penalties.(a) Each insurance company or group-funded self-insuranceplan providing workers compensation insurance coverage in Kansas shall maintainand shall provide accident prevention programsupon request of the covered employer as aprerequisite forauthority toprovide such insurance or coverage. The accident prevention programsshall beadequate tofurnish accident prevention services required by the nature of the operationsof the policyholders or other covered entities and the accident preventionservices shall include surveys, recommendations, training programs,consultations, analyses of accident causes, industrial hygiene and industrialhealth services to implement the program of accident prevention services. Theaccident prevention programs shall be staffed with field safetyrepresentatives. Each fieldsafety representative shall be a person who is (1) a college graduate who has abachelor'sdegree in science, industrial hygiene, safety or losscontrol, or engineering, (2) aregistered professional engineer, (3) acertified safety professional, who has attained the designation from theboard of certified safety professionals, (4) a certified industrialhygienist, who has attained the designation from the American board ofindustrial hygiene (5) anindividualwith five years of experience in occupational safety andhealth,(6) a person who is working under direct supervision of a person who meets thequalification requirements of this section (7) a person who has attained thedesignation of associate in loss control management or associate in riskmanagement from the insurance institute of America, who has attained thedesignation of occupational safety and health technologist from the board ofcertified safety professionals, or who has attained any other comparabledesignation or certification by a recognized organization as determined by thesecretary of labor,or (8) an individualwho has completed a certified training program in accident prevention servicesapproved by the secretary of labor. The insurancecompany orgroup-funded self-insurance plan may employ qualified personnel, retainqualifiedindependent contractors, contract with the policyholder to provide qualifiedaccident prevention personnel and services, or use a combination of suchmethods to fulfill the obligations imposed by this section. Accidentprevention personnel shall have the qualifications required for field safetyrepresentatives.
(b) The secretary of labor may conduct suchinspections as thesecretary deems necessary to determine the adequacy of the accident preventionservices required by subsection (a) for each insurance company and group-fundedself-insurance plan providing workers compensation insurance coverage inKansas, including, but not limited to, random inspections and those basedupon employer complaints. Documented employer complaints shall beappropriately investigated and the results shall be reported to thecommissioner of insurance. The secretary shall not be required by this sectionto inspect each insurance company or group-funded self-insurance plan.
(c) A notice that accident prevention services are available to thepolicyholder from the insurance company shall appear in no less than ten-pointboldface type on the front page of each workers compensation insurance policydelivered or issued for delivery in this state.
(d) At least once each year, each insurance company or group-fundedself-insurance plan providing workers compensation insurance in Kansas shallsubmit to the director of workers compensation detailed information on the typeofaccident prevention programs offered to the policyholders by the insurancecompany orto the covered entities by the group-funded self-insurance plan, as the casemay be. The information shall include:
(1) The amount of money spent by the insurance company or group-fundedself-insured plan on accident prevention services;
(2) the names, number and qualifications of field safetyrepresentativesemployed;
(3) the number of site inspections performed;
(4) any accident prevention services made available under a contractualarrangement;
(5) a specification and listing of the premium size of the risks to whichaccident prevention services were actually provided;
(6) evidence of the effectiveness of and accomplishments in accidentprevention; and
(7) any additional information required by the director of workerscompensation.
(e) If the insurance company or group-funded self-insurance plan does notmaintain or provide the accident prevention services required by this section,the director of workers compensation shall notify the commissioner ofinsurance.Upon receiving such notification, the commissioner of insurance shall presumethe insurance company or group-funded self-insurance plan knew or reasonablyshould have known of the violation and shall assess the penalty prescribedtherefore pursuant to K.S.A. 40-2,125 and amendments thereto.The secretary shall send the information and results obtained pursuant tosubsection (d) to the insurance commissioner who shall widely disseminateinformation about the program.
(f) The secretary of labor shall employ thepersonnel necessary toenforce the provisions of this section and shall employ sufficient safetyinspectors to perform inspections at job sites or other work places and mayaudit accident prevention programs of eachinsurance company orgroup-funded self-insurance plan which is subject to this section to determinethe adequacy of the accident prevention services provided. The safetyinspectors shall have the qualifications required for field safetyrepresentatives by subsection (a).
(g) The insurance company or group-funded self-insurance plan, and anyagent, servant, or employee thereof, shall have no liability with respect toany accident based on the allegation that such accident was caused or couldhave been prevented by a program, inspection or other activity or by a serviceundertaken or not undertaken by the insurance company or group-fundedself-insurance plan for the prevention of accidents in connection withoperations of the employer. This immunity shall not affect the liability ofthe insurance company or group-funded self-insurance plan for compensation oras otherwise provided in this act.
History: L. 1993, ch. 286, § 10;L. 2000, ch. 160, § 21;L. 2004, ch. 179, § 20; July 1.
44-5,104.Accident prevention programs; requirementsand reports;inspections; duties of secretary of labor; failure to maintain,penalties.(a) Each insurance company or group-funded self-insuranceplan providing workers compensation insurance coverage in Kansas shall maintainand shall provide accident prevention programsupon request of the covered employer as aprerequisite forauthority toprovide such insurance or coverage. The accident prevention programsshall beadequate tofurnish accident prevention services required by the nature of the operationsof the policyholders or other covered entities and the accident preventionservices shall include surveys, recommendations, training programs,consultations, analyses of accident causes, industrial hygiene and industrialhealth services to implement the program of accident prevention services. Theaccident prevention programs shall be staffed with field safetyrepresentatives. Each fieldsafety representative shall be a person who is (1) a college graduate who has abachelor'sdegree in science, industrial hygiene, safety or losscontrol, or engineering, (2) aregistered professional engineer, (3) acertified safety professional, who has attained the designation from theboard of certified safety professionals, (4) a certified industrialhygienist, who has attained the designation from the American board ofindustrial hygiene (5) anindividualwith five years of experience in occupational safety andhealth,(6) a person who is working under direct supervision of a person who meets thequalification requirements of this section (7) a person who has attained thedesignation of associate in loss control management or associate in riskmanagement from the insurance institute of America, who has attained thedesignation of occupational safety and health technologist from the board ofcertified safety professionals, or who has attained any other comparabledesignation or certification by a recognized organization as determined by thesecretary of labor,or (8) an individualwho has completed a certified training program in accident prevention servicesapproved by the secretary of labor. The insurancecompany orgroup-funded self-insurance plan may employ qualified personnel, retainqualifiedindependent contractors, contract with the policyholder to provide qualifiedaccident prevention personnel and services, or use a combination of suchmethods to fulfill the obligations imposed by this section. Accidentprevention personnel shall have the qualifications required for field safetyrepresentatives.
(b) The secretary of labor may conduct suchinspections as thesecretary deems necessary to determine the adequacy of the accident preventionservices required by subsection (a) for each insurance company and group-fundedself-insurance plan providing workers compensation insurance coverage inKansas, including, but not limited to, random inspections and those basedupon employer complaints. Documented employer complaints shall beappropriately investigated and the results shall be reported to thecommissioner of insurance. The secretary shall not be required by this sectionto inspect each insurance company or group-funded self-insurance plan.
(c) A notice that accident prevention services are available to thepolicyholder from the insurance company shall appear in no less than ten-pointboldface type on the front page of each workers compensation insurance policydelivered or issued for delivery in this state.
(d) At least once each year, each insurance company or group-fundedself-insurance plan providing workers compensation insurance in Kansas shallsubmit to the director of workers compensation detailed information on the typeofaccident prevention programs offered to the policyholders by the insurancecompany orto the covered entities by the group-funded self-insurance plan, as the casemay be. The information shall include:
(1) The amount of money spent by the insurance company or group-fundedself-insured plan on accident prevention services;
(2) the names, number and qualifications of field safetyrepresentativesemployed;
(3) the number of site inspections performed;
(4) any accident prevention services made available under a contractualarrangement;
(5) a specification and listing of the premium size of the risks to whichaccident prevention services were actually provided;
(6) evidence of the effectiveness of and accomplishments in accidentprevention; and
(7) any additional information required by the director of workerscompensation.
(e) If the insurance company or group-funded self-insurance plan does notmaintain or provide the accident prevention services required by this section,the director of workers compensation shall notify the commissioner ofinsurance.Upon receiving such notification, the commissioner of insurance shall presumethe insurance company or group-funded self-insurance plan knew or reasonablyshould have known of the violation and shall assess the penalty prescribedtherefore pursuant to K.S.A. 40-2,125 and amendments thereto.The secretary shall send the information and results obtained pursuant tosubsection (d) to the insurance commissioner who shall widely disseminateinformation about the program.
(f) The secretary of labor shall employ thepersonnel necessary toenforce the provisions of this section and shall employ sufficient safetyinspectors to perform inspections at job sites or other work places and mayaudit accident prevention programs of eachinsurance company orgroup-funded self-insurance plan which is subject to this section to determinethe adequacy of the accident prevention services provided. The safetyinspectors shall have the qualifications required for field safetyrepresentatives by subsection (a).
(g) The insurance company or group-funded self-insurance plan, and anyagent, servant, or employee thereof, shall have no liability with respect toany accident based on the allegation that such accident was caused or couldhave been prevented by a program, inspection or other activity or by a serviceundertaken or not undertaken by the insurance company or group-fundedself-insurance plan for the prevention of accidents in connection withoperations of the employer. This immunity shall not affect the liability ofthe insurance company or group-funded self-insurance plan for compensation oras otherwise provided in this act.
History: L. 1993, ch. 286, § 10;L. 2000, ch. 160, § 21;L. 2004, ch. 179, § 20; July 1.
44-5,104.Accident prevention programs; requirementsand reports;inspections; duties of secretary of labor; failure to maintain,penalties.(a) Each insurance company or group-funded self-insuranceplan providing workers compensation insurance coverage in Kansas shall maintainand shall provide accident prevention programsupon request of the covered employer as aprerequisite forauthority toprovide such insurance or coverage. The accident prevention programsshall beadequate tofurnish accident prevention services required by the nature of the operationsof the policyholders or other covered entities and the accident preventionservices shall include surveys, recommendations, training programs,consultations, analyses of accident causes, industrial hygiene and industrialhealth services to implement the program of accident prevention services. Theaccident prevention programs shall be staffed with field safetyrepresentatives. Each fieldsafety representative shall be a person who is (1) a college graduate who has abachelor'sdegree in science, industrial hygiene, safety or losscontrol, or engineering, (2) aregistered professional engineer, (3) acertified safety professional, who has attained the designation from theboard of certified safety professionals, (4) a certified industrialhygienist, who has attained the designation from the American board ofindustrial hygiene (5) anindividualwith five years of experience in occupational safety andhealth,(6) a person who is working under direct supervision of a person who meets thequalification requirements of this section (7) a person who has attained thedesignation of associate in loss control management or associate in riskmanagement from the insurance institute of America, who has attained thedesignation of occupational safety and health technologist from the board ofcertified safety professionals, or who has attained any other comparabledesignation or certification by a recognized organization as determined by thesecretary of labor,or (8) an individualwho has completed a certified training program in accident prevention servicesapproved by the secretary of labor. The insurancecompany orgroup-funded self-insurance plan may employ qualified personnel, retainqualifiedindependent contractors, contract with the policyholder to provide qualifiedaccident prevention personnel and services, or use a combination of suchmethods to fulfill the obligations imposed by this section. Accidentprevention personnel shall have the qualifications required for field safetyrepresentatives.
(b) The secretary of labor may conduct suchinspections as thesecretary deems necessary to determine the adequacy of the accident preventionservices required by subsection (a) for each insurance company and group-fundedself-insurance plan providing workers compensation insurance coverage inKansas, including, but not limited to, random inspections and those basedupon employer complaints. Documented employer complaints shall beappropriately investigated and the results shall be reported to thecommissioner of insurance. The secretary shall not be required by this sectionto inspect each insurance company or group-funded self-insurance plan.
(c) A notice that accident prevention services are available to thepolicyholder from the insurance company shall appear in no less than ten-pointboldface type on the front page of each workers compensation insurance policydelivered or issued for delivery in this state.
(d) At least once each year, each insurance company or group-fundedself-insurance plan providing workers compensation insurance in Kansas shallsubmit to the director of workers compensation detailed information on the typeofaccident prevention programs offered to the policyholders by the insurancecompany orto the covered entities by the group-funded self-insurance plan, as the casemay be. The information shall include:
(1) The amount of money spent by the insurance company or group-fundedself-insured plan on accident prevention services;
(2) the names, number and qualifications of field safetyrepresentativesemployed;
(3) the number of site inspections performed;
(4) any accident prevention services made available under a contractualarrangement;
(5) a specification and listing of the premium size of the risks to whichaccident prevention services were actually provided;
(6) evidence of the effectiveness of and accomplishments in accidentprevention; and
(7) any additional information required by the director of workerscompensation.
(e) If the insurance company or group-funded self-insurance plan does notmaintain or provide the accident prevention services required by this section,the director of workers compensation shall notify the commissioner ofinsurance.Upon receiving such notification, the commissioner of insurance shall presumethe insurance company or group-funded self-insurance plan knew or reasonablyshould have known of the violation and shall assess the penalty prescribedtherefore pursuant to K.S.A. 40-2,125 and amendments thereto.The secretary shall send the information and results obtained pursuant tosubsection (d) to the insurance commissioner who shall widely disseminateinformation about the program.
(f) The secretary of labor shall employ thepersonnel necessary toenforce the provisions of this section and shall employ sufficient safetyinspectors to perform inspections at job sites or other work places and mayaudit accident prevention programs of eachinsurance company orgroup-funded self-insurance plan which is subject to this section to determinethe adequacy of the accident prevention services provided. The safetyinspectors shall have the qualifications required for field safetyrepresentatives by subsection (a).
(g) The insurance company or group-funded self-insurance plan, and anyagent, servant, or employee thereof, shall have no liability with respect toany accident based on the allegation that such accident was caused or couldhave been prevented by a program, inspection or other activity or by a serviceundertaken or not undertaken by the insurance company or group-fundedself-insurance plan for the prevention of accidents in connection withoperations of the employer. This immunity shall not affect the liability ofthe insurance company or group-funded self-insurance plan for compensation oras otherwise provided in this act.
History: L. 1993, ch. 286, § 10;L. 2000, ch. 160, § 21;L. 2004, ch. 179, § 20; July 1.
