New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 4 - WORKERS' COMPENSATION › Part 13 - CONTROLLED INSURANCE PLANS › Section 11.4.13.15 - PROHIBITED ACTS

Current through Register Vol. 35, No. 13, July 16, 2024
The following acts are prohibited:
A. The establishment of the controlled
				insurance plan for projects that do not have an aggregate construction value in
				excess of $150 million, including equipment and furnishings, expended within a
				five-year period as provided in NMSA 1978, Section 52-1-4.2(A) and Section
				11.4.7.9 of these rules.
B. The
				establishment of a rolling wrap-up plan or establishment of a construction
				project insured under a rolling wrap-up plan.
C. Establishment of a controlled insurance
				plan on a site other than the single construction site, or establishment of the
				controlled insurance plan on a noncontiguous construction site.
D. Failure to include appropriate notice of
				the controlled insurance plan in request for bids or request for proposals to
				construction contractors and subcontractors, and failure to include an accurate
				description of the single construction site or failure to include a copy of the
				proposed controlled insurance safety plan with the request for bids or request
				for proposals.
E. Failure to
				include copies of specifications for the controlled insurance plan with request
				for bids or request for proposals to construction contractors and
				subcontractors and failure to provide a mechanism for contractors and
				subcontractors to have their questions concerning the controlled insurance plan
				answered before the bid or proposal is due.
F. Failure to timely file the contract for a
				controlled insurance plan and evidence of compliance with NMSA 1978, Section
				52-1-4.2
				(A-E) with the WCA and the superintendent insurance at least 30 days before the
				date on which the applicant is to begin receiving bids or proposals on the
				project.
G. Failure to request and
				obtain written approval from the WCA of the application for approval and the
				site safety plan for the controlled insurance project, prior to the
				commencement of work on the project.
H. Failure to distribute project performance
				based refunded premiums or dividends to each participating contractor or
				subcontractor on a proportional basis, if such refunded premiums or dividends
				are provided for in the contract.
I. Failure to establish a method for timely
				reporting of job related injuries to employees of the contractor and
				subcontractors to their specific employer, the controlled insurance plan
				insurer and the WCA.
J. Failure to
				maintain and report unit statistical data to the insurance company writing the
				workers' compensation insurance policies for the contractors and subcontractors
				participating in the controlled insurance plan project within the time frame
				required by the insurance company.
K. Failure by contractors and subcontractors
				participating in the controlled insurance plan project to allow access to
				payroll records for payroll auditing purposes.
L. Failure to provide contractors and
				subcontractors with actual specific payroll audit data following the end of the
				annual policy period.
M. Failure to
				provide information to contractors and subcontractors concerning injuries to
				their workers in a form and format designed to quickly and accurately inform
				the contractors and subcontractors concerning the nature and extent of injuries
				and the circumstances in which the injury occurred.
N. Failure to cover the injury to an employee
				of any contractor or subcontractor that occurs within the physical confines of
				the single construction site.
O.
				Failure to update and keep current the application, safety plan, narrative
				description of the single construction site and visual diagram of the single
				construction site.
P. Failure to
				take steps to conform the controlled insurance plan policy to the single
				construction site definition before work is done, or knowingly allowing work to
				be commenced in any area intended to be covered by the controlled insurance
				plan, without ensuring that the controlled insurance plan policy is written to
				conform its geographic scope of coverage to the single construction
				site.
Q. Failure to comply with any
				provision of these rules, or to knowingly allow any contractor, subcontractor
				or employee or independent contractor of the general contractor to violate any
				provision of these rules.