2023 New Mexico Statutes › Chapter 52 - Workers' Compensation › Article 1 - Workers' Compensation › Section 52-1-6.2 - Safety programs; inspections; penalties; bonuses.

A. Every employer subject to the provisions of the Workers' Compensation Act who has an annual workers' compensation premium liability of fifteen thousand dollars ($15,000) or more or who is a certified self-insurer shall receive an annual safety inspection. The director shall determine the adequacy and structure of the safety inspection, including establishing procedures for appropriate self-inspection. For any employer who is not self-insured, inspections and recommendations for creating a safer workplace shall be provided upon request by every insurer providing workers' compensation insurance in this state to its workers' compensation insurance policyholders. To enforce this provision, the director may assess a penalty not to exceed five thousand dollars ($5,000) against any employer.
B. The administration shall develop safety programs for employers with an annual workers' compensation premium liability of less than fifteen thousand dollars ($15,000).
C. The superintendent of insurance may assess a penalty against an insurer that refuses to provide annual safety inspections and recommendations. The penalty shall not exceed five thousand dollars ($5,000) per insurer per violation.
D. Any employer who is subject to the provisions of the Workers' Compensation Act may implement a safety program, as approved by the superintendent of insurance, that provides for bonuses of up to ten percent of a worker's wage to be paid to a worker who fulfills criteria established by the employer for eligibility for the bonus. The criteria shall incorporate the concept of bonuses based upon a stated number of accident-free work days completed by the worker. Any bonus paid under a program authorized by this section shall not be included in computing a worker's average wage for establishing workers' compensation insurance premiums or benefits.
E. The administration shall develop a program to identify extra-hazardous employers. The administration shall notify each identified extra-hazardous employer and the insurance carrier for that employer that the employer has been identified as an extra-hazardous employer.
F. An employer that receives notification under Subsection E of this section shall obtain a safety consultation within thirty days from the administration's safety consultants, the employer's insurer or another professional source approved by the director for that purpose. The safety consultant shall file a written report with the director and the employer setting out any hazardous conditions or practices identified by the safety consultation.
G. The employer, in consultation with the safety consultant, shall, within a reasonable time, formulate a specific accident-prevention plan that addresses the hazards identified by the consultant. An employer that fails to formulate, implement or otherwise comply with the accident-prevention plan shall be subject to a penalty not to exceed five thousand dollars ($5,000).
History:
Laws 1989, ch. 263, § 92; 1990 (2nd S.S.), ch. 2, § 5; 2013, ch. 134, § 2.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, raised the minimum threshold for a mandatory safety visit; providing for accident-prevention plans for extra-hazardous employers; in Subsection A, at the beginning of the first sentence, deleted "Effective July 1, 1991" and after "premium liability of", deleted "five thousand dollars ($5,000)" and added "fifteen thousand dollars ($15,000)"; in Subsection B, at the beginning of the sentence, after "The", deleted "advisory council on workers' compensation and occupational disease disablement" and added "administration" and after "of less than", deleted "five thousand dollars ($5,000)" and added "fifteen thousand dollars ($15,000)"; and added Subsections E through G.
The 1990 (2nd S.S.) amendment,
effective January 1, 1991, rewrote the catchline; added present Subsections A to C; designated the previously existing text as Subsection D, substituting "who" for "that" in two places, and adding "or benefits".
Law reviews.
— For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Workers' compensation: bonus as factor in determining amount of compensation, 84 A.L.R.4th 1055.