HB 1597-FN – AS INTRODUCED

2008 SESSION

08-2126

01/10

HOUSE BILL 1597-FN

AN ACT relative to workers’ compensation compliance.

SPONSORS: Rep. Hunt, Ches 7; Rep. Chandler, Carr 1

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill specifies that any person, regardless of status or title within a corporation or limited liability company, who is actively engaged in on-site work on any state-funded project in New Hampshire must show evidence of workers’ compensation coverage or evidence of a current health insurance and disability policy.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2126 01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to workers’ compensation compliance.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Workers’ Compensation; Exclusion. Amend RSA 281-A:18-a, I to read as follows:

I. Any corporation or limited liability company may elect to exclude up to 3 executive officers or members from the compulsive coverage requirements under this chapter[; provided, that such exclusion shall not apply to any individual, regardless of status or title within a corporation or limited liability company, who is actively engaged in on-site work on any construction site within the state of New Hampshire].

2 State Transportation Projects; Certification of Current Workers’ Compensation Coverage. Amend RSA 228:4-b, I-III to read as follows:

I. Prior to any work being done by [an individual contractor] any person on any state transportation project carried out under this subdivision, such [contractor] person, including all subcontractors and independent contractors and any person who is claiming an exclusion under RSA 281-A:18-a, I and who is actively engaged in on-site work, working on a highway, bridge, or other construction, reconstruction, alteration, or maintenance project funded within the capital budget by the department shall provide to the commissioner of transportation:

(a) A certificate of insurance of his or her current workers’ compensation coverage in New Hampshire for the classification of work to be completed on the project or evidence of a current health insurance and disability policy;

(b) A sworn statement that this coverage shall remain in effect for the duration of his or her anticipated work on the project;

(c) A completed work certificate, provided pursuant to RSA 281-A:4-b, that shall include the total number of employees anticipated to be employed by such [contractor, subcontractor, or independent contractor] person on the project during the contract period, delineated by the National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work to be performed;

(d) A copy of the contractor’s compliance with a current written safety program, if applicable, as filed with the commissioner of labor under RSA 281-A:64, II and proof of an existing joint loss management committee as required under RSA 281-A:64, III, if applicable; and

(e) Any other information the commissioner of transportation deems necessary.

II. [If any highway, bridge, or other construction contractor, subcontractor, or independent contractor who might otherwise claim an exclusion under RSA 281-A:18-a is directly performing the work on a project covered under this section, such contractor, subcontractor, or independent contractor shall comply with the provisions of this section.

III.] The commissioner of labor may assess any [contractor, subcontractor, or independent contractor] person who falsifies information or fails to comply with this section a civil penalty of up to $2,500 and in addition, such an employer shall be assessed a civil penalty of up to $100 per employee per day of noncompliance. Notwithstanding any other provision of law to the contrary, any person with control or responsibility over the decisions to disburse funds and salaries and who knowingly falsified information or failed to comply with this section shall be held personally liable for the payment of penalties under this section and such [contractor, subcontractor, or independent contractor] person shall not be allowed to bid or work on state projects for up to 5 years. The state shall be entitled to recover from the violator all costs and fees directly associated with uncovering falsified information supplied under this section.

3 Major State Projects; Workers’ Compensation Coverage. Amend RSA 21-I:80, VI (a)-(c) to read as follows:

VI.(a) Prior to any work being done by [an individual contractor] any person, including any person who is claiming an exclusion under RSA 281-A:18-a, I who is actively engaged in any on-site work, on any major project funded as a state capital budget project under this section, such [contractor, including all subcontractors and independent contractors,] person shall provide to the commissioner of administrative services:

(1) A certificate of insurance of his or her current workers’ compensation coverage in New Hampshire for the classification of work to be completed on the project or evidence of a current health insurance and disability policy;

(2) A sworn statement that this coverage shall remain in effect for the duration of his or her anticipated work on the project;

(3) A completed work certificate, provided pursuant to RSA 281-A:4-b, that shall include the total number of employees anticipated to be employed by such [contractor, subcontractor, or independent contractor] person on the project during the contract period, delineated by the National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work to be performed;

(4) A copy of the contractor’s compliance with a current written safety program, if applicable, as filed with the commissioner of labor under RSA 281-A:64, II and proof of an existing joint loss management committee as required under RSA 281 A:64, III, if applicable; and

(5) Any other information the commissioner of administrative services deems necessary.

(b) [If any construction contractor, subcontractor, or independent contractor who might otherwise claim an exclusion under RSA 281-A:18-a is directly performing the work on a project covered under this section, such [contractor, subcontractor, or independent contractor shall comply with the provisions of this section.

(c)] The commissioner of labor may assess any [contractor, subcontractor, or independent contractor] person who falsifies information or fails to comply with this section a civil penalty of up to $2,500 and in addition, such an employer shall be assessed a civil penalty of up to $100 per employee per day of noncompliance. Notwithstanding any other provision of law to the contrary, any person with control or responsibility over the decisions to disburse funds and salaries and who knowingly falsified information or failed to comply with this section shall be held personally liable for the payment of penalties under this section and such [contractor, subcontractor, or independent contractor] person shall not be allowed to bid or work on state projects for up to 5 years. The state shall be entitled to recover from the violator all costs and fees directly associated with uncovering falsified information supplied under this section.

4 Effective Date. This act shall take effect 60 days after its passage.

LBAO

08-2126

12/18/07

HB 1597-FN - FISCAL NOTE

AN ACT relative to workers’ compensation compliance.

FISCAL IMPACT:

METHODOLOGY:

 

FY 2009

FY 2010

FY 2011

FY 2012

Clerk of the Works I (LG 22)

$333,060

$356,304

$371,280

$390,156

Clerk of the Works II (LG 24)

$332,514

$356,402

$371,963

$388,479

Benefits

$321,472

$344,237

$358,986

$376,081

In-state Travel

$97,500

$97,500

$97,500

$97,500

Equipment

$7,500

$7,500

$7,500

$7,500

Total

$1,092,046

$1,161,943

$1,207,229

$1,259,716