New Mexico § 52-1-6.2 - Safety programs; inspections; penalties; bonuses

§ 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).