Article 92-05. Workforce Safety and Insurance Risk Management Program
Chapter 92-05-01. General Provisions [Repealed]
[Repealed effective July 1, 2006]
Chapter 92-05-02. Risk Management Programs
Section 92-05-02-01. Denitions.
As used in this article:
1. "Baseline period" means the period of time immediately preceding the premium period being rated for risk management programs. The baseline period may not be less than six months and not more than eighteen months.
2. "Employer" means employer as dened in North Dakota Century Code section 65-01-02.
3. "Frequency rate" means the total number of claims accepted by the organization attributable to an employer in that employer’s premium period multiplied by one million dollars and divided by the employer’s gross payroll for mandatory coverage and the current wage cap for optional coverage.
4. "Good standing" for purposes of this article means an employer account that is not in default pursuant to North Dakota Century Code section 65-04-22.
5. "Measurement year" means the premium period being rated for the risk management programs.
6. "Organization" means workforce safety and insurance.
7. "Risk management programs" means all premium reduction and premium calculation programs offered and approved by the organization. Participants in the deductible and retrospective rating program are not eligible for discounts under this chapter.
8. "Safety intervention" means any program, practice, or initiative approved by the organization intended to eliminate workplace hazards.
9. "Severity rate" means the rate calculated by multiplying the total number of days for which disability benets were paid by the organization because of a workplace injury during the measurement year by one million dollars and divided by the employer’s gross payroll for mandatory coverage and the current wage cap for optional coverage. The total number of lost time days incurred during the employer’s premium period will be calculated only for those claims with acceptance dates in the measurement year and preceding four premium billing periods. Death claims shall be assessed three hundred sixty-ve lost time days during the premium billing period in which the workplace death occurs and an additional three hundred sixty-ve lost time days for the subsequent premium billing period.
History: Effective July 1, 2006; amended effective July 1, 2007; July 1, 2010.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04, 65-04-19.1
Section 92-05-02-02. Availability.
The availability of the risk management programs is contingent on sufficient fund surplus as determined by the organization. The organization may develop additional programs and modify existing programs.
History: Effective July 1, 2006.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04, 65-04-19.1
Section 92-05-02-03. Eligibility - Billing.
All employers, except participants in the retrospective rating and deductible programs are eligible to participate in the organization’s risk management programs.
An employer may elect, subject to the organization’s approval, to participate in an alternative risk management program.
The organization, in its discretion, shall determine eligibility for the safety outreach program. Pursuant to this program, the organization will serve the sector of industry and business that has historically generated high frequency or severity rates, or both.
Volunteer accounts are not eligible for participation in risk management programs.
At the organization’s discretion, an employer account that is delinquent, uninsured, or not in good standing pursuant to section 92-05-02-01 may not be eligible for discounts under this article.
Discounts are automatically calculated by the organization. At the organization’s discretion, discounts earned under section 92-05-02-06 may be payable either as a credit to the employer’s premium billing statement or as a cash payment to the employer.
History: Effective July 1, 2006; amended effective April 1, 2008; July 1, 2010.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04, 65-04-19.1
Section 92-05-02-04. Death claims. [Repealed]
Repealed effective July 1, 2010.
Section 92-05-02-05. Risk management program plus. [Repealed]
Repealed effective July 1, 2010.
Section 92-05-02-06. Safety outreach program.
North Dakota employers with the highest frequency and greatest severity rates and those employers in rate classification industries with historically high frequency and severity rates may be selected by the organization to participate in this three-year program.
1. Calculation of discount. The safety outreach program provides a ten percent annual premium discount for the creation and implementation of a written action plan approved by the organization. The safety outreach program provides a ten percent premium discount for a reduction of at least ten percent in frequency rate and a ten percent premium discount for a reduction of at least ten percent in severity rate. If an employer reduces both frequency and severity rates by at least ten percent each in a premium year, that employer is entitled to an additional five percent premium discount. An employer's annual discount under this program may not exceed thirty-five percent.
2. Ongoing eligibility. Participation beyond the inception year is subject to the sole discretion of the organization. In no event shall an employer's participation extend beyond three consecutive years.
History: Effective July 1, 2006; amended effective April 1, 2009.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04, 65-04-19.1, 65-04-19.3
Section 92-05-02-07. Alternative risk management programs.
The organization may create new risk management programs, or modify existing employer premium calculation programs under this article to provide greater or lesser premium discounts.
History: Effective April 1, 2008; amended effective July 1, 2010.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04, 65-04-19.1, 65-04-19.3
Chapter 92-05-03. Grant Programs
Section 92-05-03-01. Grant programs - Purpose.
The organization may create grant programs to fund safety interventions or develop other programs to reduce workplace injury and illness. A grant award under this section is within the discretion of the organization.
History: Effective July 1, 2006; amended effective April 1, 2008; April 1, 2009.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04
Section 92-05-03-02. Eligibility.
A North Dakota-based employer who has an active employer account, a volunteer organization that has elected volunteer coverage with the organization, or an association or group comprised of North Dakota employers or employees active and in good standing with the North Dakota secretary of state for at least one year are eligible to apply for an organization grant. An applicant must submit a completed application. An applicant must demonstrate a need for grant moneys pursuant to the terms of the grant application. The organization may require the applicant to submit proof of its financial ability to support a matching grant program. A grant award under this chapter rests solely within the discretion of the organization. The organization may consider all aspects of an employer's history, including whether the employer account is in good standing, in determining eligibility for a grant award under this chapter.
History: Effective July 1, 2006; amended effective July 1, 2007; April 1, 2009.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04
Section 92-05-03-03. Administration.
Grant awards must be determined by a grant review board established by the organization. Grants awarded by the organization are subject to the terms of a signed agreement executed by the organization and the recipient of the grant moneys. No grant money may be distributed until a signed agreement is fully executed.
If the review board determines that a grant application contains erroneous or misrepresented facts, and a grant award was made based on those facts, the organization may decline to process a grant application or revoke a grant award.
The applicant shall refund all grant dollars to the organization.
History: Effective July 1, 2006; amended effective April 1, 2009.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04
Section 92-05-03-04. Transitional return-to-work program.
The organization may create programs to defray the costs incurred by a North Dakota employer who elects to participate in the organization's transitional return-to-work program. An award under this section is within the discretion of the organization.
History: Effective July 1, 2006; amended effective April 1, 2008.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04
Section 92-05-03-05. Ergonomic program.
The organization may create grant programs to defray the costs incurred by a North Dakota employer who elects to participate in the organization's ergonomic grant program. A grant award under this section is within the discretion of the organization.
History: Effective April 1, 2008.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04
Section 92-05-03-06. Hazard elimination learning program. [Repealed]
Repealed effective July 1, 2010.
Section 92-05-03-07. Safety training and education program.
The organization may create grant programs to defray the costs incurred by a North Dakota association or formally organized pursuant to section 92-05-03-02 employee or employer group that elects to participate in the organization's safety training and education program. A grant award under this section is within the discretion of the organization.
History: Effective April 1, 2008; amended effective April 1, 2009.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04