58-20-21. Annual workplace safety review services--Recommendations for improved safety--Increased premiums.
Any insurer writing workers' compensation insurance in this state shall offer to conduct or contract for annual workplace safety review services, including review reports with written recommendations for improved safety procedures, to each of its insureds whose policy premium is five thousand dollars or more, unless the employer has five or fewer employees. No written recommendation prepared by an insurer pursuant to this section is subject to discovery or disclosure under chapter 15-6 or any other provision of law or admissible as evidence in any action of any kind in any court or arbitration forum. However, the recommendation may be disclosed to a subsequent insurer of the employer. Compliance with this section does not constitute an undertaking by an insurer to supplant any responsibility its insured may otherwise have for workplace safety. Any employer subject to this section shall have workplace safety reviews conducted by the employer's insurer at least once every three years. If an insurer makes a written recommendation to correct a safety deficiency pursuant to §58-20-21, including failure to post safety posters as required by §62-2-11, and the deficiency has not been corrected at the time of a subsequent safety review, the insured is subject to an appropriate increase in premium as determined by the insurer subject to the approval of the director. The insurer is not responsible for inspecting for compliance with federal or state safety laws or regulations.
Source: SL 1992, ch 364, §8; SL 1993, ch 362, §1; SL 1997, ch 292, §1; SL 2004, ch 306, §3.
Structure South Dakota Codified Laws
Chapter 20 - Workers' Compensation Insurance
Section 58-20-1 - Definition of terms.
Section 58-20-2 - Policies subject to chapter.
Section 58-20-3.1 - Premiums based on certain wages prohibited.
Section 58-20-4 - Separate coverage of workers' compensation liabilities.
Section 58-20-10 - Notice to either employer or insurer--Required policy provision.
Section 58-20-11 - Provision relieving insurer from payment on insolvency of insured prohibited.
Section 58-20-13 - Form of insurance to be approved before issuance--Ruling subject to appeal.
Section 58-20-14 - Cancellation of policy--Notice of intention to cancel--Service on employer.
Section 58-20-16 - Reinsurance reserve--Amount required.
Section 58-20-20 - Annual statement--Inclusion of experience schedule.
Section 58-20-22 - Premium reductions and premium increases for certain insurers.
Section 58-20-23 - Liability for indemnity compensation or medical loss defined.
Section 58-20-24 - Policy to provide medical services and health care.
Section 58-20-25 - Terms as used in §§ 58-20-25 to 58-20-40.
Section 58-20-26 - Electric utilities authorized to form self-insurance associations.
Section 58-20-27 - Application for self-insurance association--Form.
Section 58-20-28 - Requirements to obtain self-insurance certificate.
Section 58-20-29 - Granting self-insurance application--Revocation.
Section 58-20-30 - Examination of self-insurance association's activities and records.
Section 58-20-31 - Promulgation of rules governing self-insurance associations.
Section 58-20-32 - Voluntary termination of participation in self-insurance association.
Section 58-20-33 - Involuntary termination of membership in self-insurance association.
Section 58-20-35 - Annual report of affairs of self-insurance associations.
Section 58-20-36 - Dissolution of self-insurance association to be approved by department.
Section 58-20-37 - Deficiency of self-insurance associations made up by members.
Section 58-20-38 - Revocation of self-insurance association's certificate.
Section 58-20-39 - Self-insurance association not an insurance company.
Section 58-20-40 - Proceedings or investigations by department.