2006 New Mexico Statutes - Section 52-1-6.2 — Safety programs; inspections; penalties; bonuses.

52-1-6.2. Safety programs; inspections; penalties; bonuses.

A.     Effective July 1, 1991, every employer subject to the provisions of the Workers' Compensation Act [this article] who has an annual workers' compensation premium liability of five thousand dollars ($5,000) 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 their 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 advisory council on workers' compensation and occupational disease disablement shall develop safety programs for employers with an annual workers' compensation premium liability of less than five thousand dollars ($5,000).   

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.