304.13-412 Workers' compensation premium -- Credit for certified drug-free
workplace program at coal mine.
(1)
(2)
(3)
(4)
Any employer who is also a licensee of a coal mine that has implemented a drugfree workplace program, including an employee assistance program, certified by the
Office of Mine Safety and Licensing shall be eligible to obtain a credit on the
licensee's premium for workers' compensation insurance.
Each insurer authorized to write workers' compensation insurance policies shall
provide the credit on the workers' compensation premium to any employer who is
also a licensee of a coal mine for which the insurer has written a workers'
compensation policy. The credit on the workers' compensation premium shall not:
(a) Be available to those employers that are also licensees who do not maintain
their drug-free workplace program for the entire workers' compensation policy
period; or
(b) Apply to minimum premium policies.
The Department of Insurance shall approve workers' compensation rating plans that
give a credit on the premium for a certified drug-free workplace so long as the
credit is actuarially sound. The credit shall be at least five percent (5%) unless the
Department of Insurance determines that five percent (5%) is actuarially unsound.
The credit on the workers' compensation premium may be applied by the insurer at
the final audit.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 1147, effective July 15, 2010. -- Created
2006 Ky. Acts ch. 241, sec. 1, effective July 12, 2006.
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