New Hampshire Revised Statutes 281-A:4-a – Workers’ Compensation Compliance Statement
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I. Within 30 days following a written request from the commissioner, any building or construction industry contractor, subcontractor, or independent contractor engaged in the nonresidential building or construction industry shall deliver to the commissioner a workers’ compensation compliance statement. The workers’ compensation compliance statement shall state the total number of employees employed during the entire prior policy term where such employee had a policy or a one-year period if no policy was in effect or partially in effect preceding the request and shall state the total number of hours the contractor, subcontractor, and independent contractor compensated such employees during such time period and which hours apply to the appropriate National Council on Compensation Insurance (NCCI) classification code applicable to the scope of work performed. Any contractor, subcontractor, or independent contractor who fails to comply with this section or who falsifies information on the statement may be fined up to $1,000 for each week of noncompliance beginning on the date of such failure or falsification. The commissioner shall be entitled to all costs and fees directly associated with obtaining any information not properly made available under this section. All moneys collected as a fine under this section shall be forwarded to the state treasurer and deposited into the department of labor restricted fund established in N.H. Rev. Stat. § 273:1-b. The commissioner shall make available a form as may be needed to comply with this section.
II. Any person may request that the commissioner provide such person with a copy of a contractor’s, subcontractor’s, or independent contractor’s workers’ compensation compliance statement. The commissioner shall obtain and provide the requested compliance statement if the requesting person submits evidence beyond bid proposals to the commissioner of a contractor’s, subcontractor’s, or independent contractor’s noncompliance with N.H. Rev. Stat. Chapter 281-A even if the contractor, subcontractor, or independent contractor appears to be in compliance at the time of the request. The statement shall be maintained as a public record in accordance with RSA 91-A. No contractor, subcontractor, or independent contractor, however, shall be required to deliver to the commissioner a requested workers’ compensation compliance statement more than twice in one calendar year.
II. Any person may request that the commissioner provide such person with a copy of a contractor’s, subcontractor’s, or independent contractor’s workers’ compensation compliance statement. The commissioner shall obtain and provide the requested compliance statement if the requesting person submits evidence beyond bid proposals to the commissioner of a contractor’s, subcontractor’s, or independent contractor’s noncompliance with N.H. Rev. Stat. Chapter 281-A even if the contractor, subcontractor, or independent contractor appears to be in compliance at the time of the request. The statement shall be maintained as a public record in accordance with RSA 91-A. No contractor, subcontractor, or independent contractor, however, shall be required to deliver to the commissioner a requested workers’ compensation compliance statement more than twice in one calendar year.
Terms Used In New Hampshire Revised Statutes 281-A:4-a
- Commissioner: means the labor commissioner appointed as provided in RSA 273. See New Hampshire Revised Statutes 281-A:2
- Contractor: means a person or organization which contracts with another to have work performed of a kind which is a regular and recurrent part of the work of the trade, business, occupation or profession of such person or organization performing the work. See New Hampshire Revised Statutes 281-A:2
- employee: includes persons who regularly operate businesses or practice their trades, professions, or occupations, whether individually, or in partnership, or association with other persons, whether or not they hire others as employees. See New Hampshire Revised Statutes 281-A:2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- 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
- Subcontractor: means a person who contracts with a contractor to perform the work described in paragraph III. See New Hampshire Revised Statutes 281-A:2