44-5,104. Accident prevention programs; requirements and reports; inspections; duties of secretary of labor; failure to maintain, penalties. (a) Each insurance company or group-funded self-insurance plan providing workers compensation insurance coverage in Kansas shall maintain and shall provide accident prevention programs upon request of the covered employer as a prerequisite for authority to provide such insurance or coverage. The accident prevention programs shall be adequate to furnish accident prevention services required by the nature of the operations of the policyholders or other covered entities and the accident prevention services shall include surveys, recommendations, training programs, consultations, analyses of accident causes, industrial hygiene and industrial health services to implement the program of accident prevention services. The accident prevention programs shall be staffed with field safety representatives. Each field safety representative shall be a person who is (1) a college graduate who has a bachelor's degree in science, industrial hygiene, safety or loss control, or engineering, (2) a registered professional engineer, (3) a certified safety professional, who has attained the designation from the board of certified safety professionals, (4) a certified industrial hygienist, who has attained the designation from the American board of industrial hygiene, (5) an individual with five years of experience in occupational safety and health, (6) a person who is working under direct supervision of a person who meets the qualification requirements of this section, (7) a person who has attained the designation of associate in loss control management or associate in risk management from the insurance institute of America, who has attained the designation of occupational safety and health technologist from the board of certified safety professionals, or who has attained any other comparable designation or certification by a recognized organization as determined by the secretary of labor, or (8) an individual who has completed a certified training program in accident prevention services approved by the secretary of labor. The insurance company or group-funded self-insurance plan may employ qualified personnel, retain qualified independent contractors, contract with the policyholder to provide qualified accident prevention personnel and services, or use a combination of such methods to fulfill the obligations imposed by this section. Accident prevention personnel shall have the qualifications required for field safety representatives.
(b) The secretary of labor may conduct such inspections as the secretary deems necessary to determine the adequacy of the accident prevention services required by subsection (a) for each insurance company and group-funded self-insurance plan providing workers compensation insurance coverage in Kansas, including, but not limited to, random inspections and those based upon employer complaints. Documented employer complaints shall be appropriately investigated and the results shall be reported to the commissioner of insurance. The secretary shall not be required by this section to inspect each insurance company or group-funded self-insurance plan.
(c) A notice that accident prevention services are available to the policyholder from the insurance company shall appear in no less than ten-point boldface type on the front page of each workers compensation insurance policy delivered or issued for delivery in this state.
(d) At least once each year, each insurance company or group-funded self-insurance plan providing workers compensation insurance in Kansas shall submit to the director of workers compensation detailed information on the type of accident prevention programs offered to the policyholders by the insurance company or to the covered entities by the group-funded self-insurance plan, as the case may be. The information shall include:
(1) The amount of money spent by the insurance company or group-funded self-insured plan on accident prevention services;
(2) the names, number and qualifications of field safety representatives employed;
(3) the number of site inspections performed;
(4) any accident prevention services made available under a contractual arrangement;
(5) a specification and listing of the premium size of the risks to which accident prevention services were actually provided;
(6) evidence of the effectiveness of and accomplishments in accident prevention; and
(7) any additional information required by the director of workers compensation.
(e) If the insurance company or group-funded self-insurance plan does not maintain or provide the accident prevention services required by this section, the director of workers compensation shall notify the commissioner of insurance. Upon receiving such notification, the commissioner of insurance shall presume the insurance company or group-funded self-insurance plan knew or reasonably should have known of the violation and shall assess the penalty prescribed therefore pursuant to K.S.A. 40-2,125, and amendments thereto. The secretary shall send the information and results obtained pursuant to subsection (d) to the insurance commissioner who shall widely disseminate information about the program.
(f) The secretary of labor shall employ the personnel necessary to enforce the provisions of this section and shall employ sufficient safety inspectors to perform inspections at job sites or other work places and may audit accident prevention programs of each insurance company or group-funded self-insurance plan which is subject to this section to determine the adequacy of the accident prevention services provided. The safety inspectors shall have the qualifications required for field safety representatives by subsection (a).
(g) The insurance company or group-funded self-insurance plan, and any agent, servant, or employee thereof, shall have no liability with respect to any accident based on the allegation that such accident was caused or could have been prevented by a program, inspection or other activity or by a service undertaken or not undertaken by the insurance company or group-funded self-insurance plan for the prevention of accidents in connection with operations of the employer. This immunity shall not affect the liability of the insurance company or group-funded self-insurance plan for compensation or as otherwise provided in this act.
History: L. 1993, ch. 286, § 10; L. 2000, ch. 160, § 21; L. 2004, ch. 179, § 20; July 1.
Structure Kansas Statutes
Chapter 44 - Labor And Industries
Article 5 - Workers Compensation
44-501b Legislative intent; employer obligation, burden of proof; liability.
44-501c Public service benefits protection act.
44-502 Reservation of penalties.
44-503a Multiple employment; apportionment of liability.
44-503c Employment status of an owner-operator of a motor vehicle; definitions.
44-505b County as self-insurer; establishment of reserve fund; retransfers.
44-505c Local political and taxing subdivision; payment of workmen's compensation coverage.
44-505f City as self-insurer; establishment of reserve fund; retransfers.
44-506 Application of act to certain businesses or employments, lands and premises.
44-509 Incapacitated workman or dependent; exercise of rights; limitation of actions.
44-510c Compensation for permanent total and temporary total disabilities.
44-510d Compensation for certain permanent partial disabilities; computation thereof; schedule.
44-510f Employer's maximum liability for disability compensation; credit for unearned wages.
44-510j Medical benefits; fee disputes; utilization and peer review.
44-510l Warning notice to injured employee.
44-511 Definitions; average weekly wage; volunteers; state's average weekly wage.
44-512 Time and manner of compensation payments.
44-512b Failure to pay compensation prior to award without just cause; interest, penalty.
44-513a Minors entitled to compensation; payment.
44-513b Same; act supplemental.
44-514 Payments not assignable; exception, orders for support.
44-516 Medical examination by neutral health care provider.
44-518 Refusal of medical examination; effect.
44-519 Certificate of health care provider as evidence.
44-525 Form of findings and awards; effective date.
44-526 Filing agreements, awards, etc.
44-528 Review and modification of awards; reinstatement; cancellation; effective date.
44-529 Judgment on agreement or awards.
44-530 Staying proceedings upon an award.
44-531 Redemption of liability; lump-sum payment of award; exception.
44-534 Proceedings; time limitations; electronic filing system authorized.
44-535 When the right to compensation accrues.
44-536a Signing of pleadings, motions and other documents; liability for frivolous filings.
44-542a Election by individual employer, partner or self-employed person.
44-543 Election by certain employees.
44-545 Defenses available in certain cases.
44-550 Records of proceedings, documents; custody and preservation.
44-550b Records open to public inspection, exceptions.
44-552 Record of hearing; certified shorthand reporter; transcript; costs.
44-555 Reporter's fees, assessment.
44-556a Transfer of appeals due to constitutional defect.
44-559 Insurance against liability; form and contents of policy.
44-562 Reports to insurance commissioner; inspection.
44-566 Workers compensation fund to facilitate employment of handicapped workers; definitions.
44-569a Same; employer or insurance carrier reimbursed from fund, when.
44-572 Same; review; modification or cancellation of awards.
44-573 Rules and regulations; filing.
44-574 Construing and citing workers compensation laws; severability.
44-578 Same; administrative rules and regulations.
44-579 Same; copies of accident reports to secretary of administration.
44-580 Same; construction of 44-575 to 44-580.
44-581 Group-funded workers compensation pools; requirements.
44-582 Same; certificate of authority; application; commissioner's review of surplus funds.
44-583 Same; irrevocable consent; service of process on commissioner of insurance.
44-584 Same; certificate of authority, renewal, suspension, revocation; examinations.
44-585 Same; premiums; contributions; deposit of premiums; refunds.
44-586 Same; premiums; use; investments.
44-588 Same; premium tax; payment.
44-589 Same; assessments; subject to article 24 of chapter 40 of Kansas Statutes Annotated.
44-590 Same; new members; application; termination.
44-591 Same; board of trustees; duties.
44-592 Same; licensing of persons soliciting workers compensation insurance.
44-593 Reorganization of pool agreement under 12-2216 et seq.
44-594 Same; confidentiality of certain financial information.
44-5,102 Same; distribution upon notice of injury; preparation and dissemination.
44-5,117 Mediation conferences.
44-5,121 Same; cause of action to recover economic losses.
44-5,123 Same; immunity from civil liability for reporting information in good faith.
44-5,124 Assistant attorney general; appointment within division of workers compensation; duties.