New Hampshire Revised Statutes 228:4-b – Certification of Current Workers’ Compensation Coverage Required
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I. Prior to any work being done by an individual contractor on any state transportation project carried out under this subdivision, such contractor, including all subcontractors and independent contractors, working on a highway, bridge, or other construction, reconstruction, alteration, or maintenance project, excluding routine maintenance operations conducted utilizing the contract rental agreement process, and excluding deliveries to and removals from a project administered by the department shall provide to the commissioner of transportation:
(a) A certificate of insurance of his or her current workers’ compensation coverage in New Hampshire for the classification of work to be completed on the project;
(b) A sworn statement that this coverage shall remain in effect for the duration of his or her anticipated work on the project;
(c) A completed work certificate, provided pursuant to N.H. Rev. Stat. § 281-A:4-b, that shall include the total number of employees anticipated to be employed by such contractor, subcontractor, or independent contractor on the project during the contract period, delineated by the National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work to be performed;
(d) A copy of the contractor’s compliance with a current written safety program, if applicable, as filed with the commissioner of labor under N.H. Rev. Stat. § 281-A:64, II and proof of an existing joint loss management committee as required under N.H. Rev. Stat. § 281-A:64, III, if applicable; and
(e) The department may develop procedures to obtain the requirements in this section on an annual basis or by a prequalification procedure rather than on a project-by-project basis.
II. If any highway, bridge, or other construction contractor, subcontractor, or independent contractor who might otherwise claim an exclusion under N.H. Rev. Stat. § 281-A:18-a is directly performing the work on a project covered under this section, such contractor, subcontractor, or independent contractor shall comply with the provisions of this section.
III. The commissioner of labor may assess any contractor, subcontractor, or independent contractor who falsifies information or fails to comply with this section a civil penalty of up to $2,500 and in addition, such an employer shall be assessed a civil penalty of up to $100 per employee per day of noncompliance. Notwithstanding any other provision of law to the contrary, any person with control or responsibility over the decisions to disburse funds and salaries and who knowingly falsified information or knowingly failed to comply with this section shall be held personally liable for the payment of penalties under this section and such contractor, subcontractor, or independent contractor shall not be allowed to bid or work on state projects for up to 5 years. The state shall be entitled to recover from the violator all costs and fees directly associated with uncovering falsified information supplied under this section.
IV. All funds collected under this section shall be deposited into the department of labor restricted fund established pursuant to N.H. Rev. Stat. § 273:1-b.
V. The commissioner of labor shall appoint as many individuals as necessary to carry out the department’s responsibilities under this section.
VI. On a quarterly basis, the commissioners of transportation and labor shall post electronically for public access and shall also circulate to all other public works construction or renovation awarding authorities of state government, including the college and university systems and the department of education office of building aid, a list of any highway, bridge, or other construction contractors, subcontractors, or independent contractors found to be in violation of this section, including the amount fined and the period of time such persons or entities shall not be allowed to bid or work on state projects.
(a) A certificate of insurance of his or her current workers’ compensation coverage in New Hampshire for the classification of work to be completed on the project;
Terms Used In New Hampshire Revised Statutes 228:4-b
- Contract: A legal written agreement that becomes binding when signed.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
(b) A sworn statement that this coverage shall remain in effect for the duration of his or her anticipated work on the project;
(c) A completed work certificate, provided pursuant to N.H. Rev. Stat. § 281-A:4-b, that shall include the total number of employees anticipated to be employed by such contractor, subcontractor, or independent contractor on the project during the contract period, delineated by the National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work to be performed;
(d) A copy of the contractor’s compliance with a current written safety program, if applicable, as filed with the commissioner of labor under N.H. Rev. Stat. § 281-A:64, II and proof of an existing joint loss management committee as required under N.H. Rev. Stat. § 281-A:64, III, if applicable; and
(e) The department may develop procedures to obtain the requirements in this section on an annual basis or by a prequalification procedure rather than on a project-by-project basis.
II. If any highway, bridge, or other construction contractor, subcontractor, or independent contractor who might otherwise claim an exclusion under N.H. Rev. Stat. § 281-A:18-a is directly performing the work on a project covered under this section, such contractor, subcontractor, or independent contractor shall comply with the provisions of this section.
III. The commissioner of labor may assess any contractor, subcontractor, or independent contractor who falsifies information or fails to comply with this section a civil penalty of up to $2,500 and in addition, such an employer shall be assessed a civil penalty of up to $100 per employee per day of noncompliance. Notwithstanding any other provision of law to the contrary, any person with control or responsibility over the decisions to disburse funds and salaries and who knowingly falsified information or knowingly failed to comply with this section shall be held personally liable for the payment of penalties under this section and such contractor, subcontractor, or independent contractor shall not be allowed to bid or work on state projects for up to 5 years. The state shall be entitled to recover from the violator all costs and fees directly associated with uncovering falsified information supplied under this section.
IV. All funds collected under this section shall be deposited into the department of labor restricted fund established pursuant to N.H. Rev. Stat. § 273:1-b.
V. The commissioner of labor shall appoint as many individuals as necessary to carry out the department’s responsibilities under this section.
VI. On a quarterly basis, the commissioners of transportation and labor shall post electronically for public access and shall also circulate to all other public works construction or renovation awarding authorities of state government, including the college and university systems and the department of education office of building aid, a list of any highway, bridge, or other construction contractors, subcontractors, or independent contractors found to be in violation of this section, including the amount fined and the period of time such persons or entities shall not be allowed to bid or work on state projects.