CHAPTER
Lab 600 SAFETY PROGRAMS AND JOINT LOSS
MANAGEMENT COMMITTEES
REVISION NOTE:
Document
#5909, effective 10-13-94, made extensive changes to the wording, format,
structure, and numbering of rules in Chapter Lab 600. Document #5909 supersedes all prior filings
for the sections in this chapter. The
prior filings for former Chapter Lab 600 include the following documents:
#5372, eff 4-14-92
PART
Lab 601 DEFINITIONS
Lab 601.01 “Administrative
units” means those entities regulated pursuant to RSA 194-C.
Source. #13149, eff 12-29-20; ss by #13523, eff 1-24-23
Lab 601.02 “Chartered
public schools” means those entities regulated pursuant to RSA 194-B.
Source. #13149, eff 12-29-20; ss by #13523, 1-24-23
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;
(c) Suspend;
(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.
Source. (See Revision Note at chapter heading for Lab
600) #5909, eff 10-13-94, EXPIRED: 10-13-00
New. #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
Lab
601.04 “School districts” means those entities regulated pursuant to RSA 194.
Source. #13149, eff 12-29-20; ss by #13523, eff 1-24-23
PART
Lab 602 SAFETY PROGRAMS
Lab 602.01 Program Requirements. 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;
(c) Provision(s)
for the commitment of adequate resources solely for safety;
(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.
Source. (See Revision Note at chapter heading for Lab
600) #5909, eff 10-13-94, EXPIRED: 10-13-00
New. #8592, eff 3-24-06; ss by #10379, eff 7-18-13;
ss by #13523, eff 1-24-23
Lab 602.02 Filing Procedures. 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.
Source. (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
Lab 603.01 Purpose. 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.
Source. (See Revision Note at chapter heading for Lab
600) #5909, eff 10-13-94, EXPIRED: 10-13-00
New. #8592, eff 3-24-06;
ss by #10379, eff 7-18-13; ss by #13523, eff 1-24-23
Lab 603.02 Establishment of
Joint Loss Management Committee.
(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.
Source. (See Revision Note at chapter heading for Lab
600) #5909, eff 10-13-94, EXPIRED: 10-13-00
New. #8592, eff 3-24-06; ss by #10379, eff 7-18-13;
ss by #13523, eff 1-24-23
Lab 603.03 Duties and
Responsibilities of Joint Loss Management Committee. 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;
(c) Elect
a chairperson, alternating between employee and employer representatives;
(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.
Source. (See Revision Note at chapter heading for Lab
600) #5909, eff 10-13-94, EXPIRED: 10-13-00
New.
#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
Lab 603.04 Duties and
Responsibilities of the Employer. 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.
Source. (See Revision Note at chapter heading for Lab
600) #5909, eff 10-13-94, EXPIRED: 10-13-00
New. #8592, eff 3-24-06; ss by #10379, eff 7-18-13;
ss by #13523, eff 1-24-23
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 |