The Delaware Department of Insurance published a bulletin reminding insurers of their obligations under the state's Workplace Safety Program.
The program creates safer work environments and helps to lower workers' compensation insurance premiums. Since the inception of the program, the Department has notified eligible employers of the availability of the program. They also asked that insurers writing workers' comp in the state include information about the program in their renewal documentation.
8 Del. Admin. Code 802 requires that insurers that adopt their own inspection procedures include a list of their inspectors' qualifications in their biannual report. Inspectors must be appropriately trained based on the type of premises being inspected.
18 Del. Admin. Code 802 requires that carriers who provide their own inspection procedures have their procedures recertified twice a year. The inspection must be at least as rigorous as those conducted by the Department. The two submissions are due by June 30 and December 31 annually.
An insurer's inspection procedures must include a review of workplace injury history for the past three years; the specific nature and outcomes of injuries; fines or findings resulting from workplace injuries; a list of possible assignments for injured workers; and safety measures taken by the employer.
For employers applying for the program for the first time, there is a requirement for an announced inspection and an unannounced inspection. The unannounced inspection must be completed before the policy expires. The Department suggests that inspections be completed at least four months before renewal.
Finally, the Department asks that all workers' compensation insurers in the state submit an annual confirmation indicating whether the insurers offer WPS-compliant inspections. The survey should be emailed by June 1 annually to [email protected] with the subject line "WPS Survey".
The bulletin can be found here.