§ 134. Workplace safety and loss prevention program; certification of\nsafety and loss management specialists. 1. The commissioner of labor, in\nconsultation with the superintendent of financial services and the chair\nof the board shall develop a compulsory workplace safety and loss\nprevention program for all employers whose most recent annual payroll is\nin excess of eight hundred thousand dollars and whose most recent\nexperience rating exceeds the level of 1.2. The commissioner of labor\nshall promulgate rules and regulations for the implementation of safety,\ndrug and alcohol prevention, and return to work incentive programs.\n 2. The commissioner of labor shall provide written notification to\nemployers whose most recent annual payroll is in excess of eight hundred\nthousand dollars and whose most recent experience rating exceeds the\nlevel of 1.2 that they are required to undergo a workplace safety and\nloss prevention consultation and written evaluation. Copies of the\nwritten notification shall be provided to the department of labor and\nthe employer's insurer. The employer must arrange for the consultation\nand evaluation within thirty days after receiving the notification and\nmust within ten days thereafter notify its insurer and the department of\nlabor in writing of the means by which the evaluation is to be\naccomplished. The employer must provide its insurer and the department\nof labor with a copy of the evaluation within thirty days after\nreceiving it from the safety and loss consultant. Any remedial action\nrecommended in the evaluation must be implemented by the employer within\na reasonable period of time, but not to exceed six months after the\nemployer receives the evaluation. The insurer, within sixty days after\nthe expiration of such six month period, shall conduct an inspection to\nascertain whether the recommended remedial action has been implemented,\nand the insurer shall within forty-five days thereafter provide to the\nemployer and the department of labor a copy of its inspection report.\n 3. If the employer does not arrange for a consultation and evaluation\nor fails to implement recommended remedial action within the times\nprescribed, the insurer shall surcharge the employer's manual rate\npremium by .05 for the next ensuing policy period, and so long as\nnon-compliance continues there shall be an additional .05 surcharge for\neach year thereafter of non-compliance. An employer may challenge an\ninsurer's determination that the employer has not taken the recommended\nremedial action by appeal to the department of labor on notice to the\ninsurer. The department of labor shall thereafter conduct an independent\ninspection and its determination of compliance or non-compliance shall\nbe final. However, such appeal may not be entertained if the employer\nhas not paid its billed premium including any surcharge thereof.\n 4. Employers required to participate in the workplace safety and loss\nprevention program established by this section shall be permitted to\nutilize the services of either the department of labor, or a private\nsafety and loss consultant which has been certified by the department of\nlabor. Private safety and loss consultants may charge employers a fee\nfor their services.\n 6. Safety, drug and alcohol prevention, and return to work incentive\nprograms. Employers insured through the state insurance fund (except\nthose who are current policyholders in a recognized safety group) or any\nother insurer that issues policies of workers' compensation insurance,\nshall be eligible for a credit in workers' compensation insurance\npremiums if they:\n a. pay annual workers' compensation insurance premiums of at least\nfive thousand dollars; and\n b. maintain an experience rating of under 1.30 for the year preceding\nand the years in which the credit has been applied for provided that no\ninsured required to implement a safety program pursuant to subdivision\none of this section shall
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