Builders Trust of New Mexico affiliated with New Mexico Home Builders Association

Current New Mexico Workers’ Compensation law regarding drunk and intoxicated workers, hurt on the job, requires the employer or their insurance carrier to pay 90% of their wage replacement benefits even if their own intoxication caused the injury. This is most certainly not fair to employ-ers! We have been working for five years to pass legislation to correct this issue. Well, we have good news! On March 2, 2016, Governor Martinez signed Senate Bill 214 into law. The new law sends a strong message to our state that it is not ok to be intoxicated on the job. If a worker is found to be drunk or high on the job, a Workers’ Compensation Judge can now reduce their wage replacement benefits by up to 90%. This holds workers who make the poor decision to go to work intoxicated accountable for their actions.

THE NEXT STEP IS UP TO YOU!

We have worked hard for years to change the law. Now that we have, it is up to you, the employer, to do what is needed to take advantage of the benefits that the new law gives you. In order for an employer to be eligible for this defense: The employer must have a written drug and alcohol policy in place and implement it. If there is no policy

in place, there is no reduction in benefits for an intoxicated worker. The employer is also charged with paying for post injury drug and alcohol testing. The samples for the

drug or alcohol test must be taken by a certified lab and kept for a year. If an employer knows that the worker is intoxicated and does not prevent them from working, the

employer cannot take advantage of the reduction in benefits. If a worker passes away as a result of the injury, the dependents’ benefits are not reduced. Also, an injured worker is still eligible for medical benefits, regardless of intoxication.

Builders Trust takes a leading role in advocating for workers’ comp issues. We work

cooperatively with other industry participants and interested parties, seeking solutions that

will service the best interests of all New Mexicans

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Builders Trust of New Mexico affiliated with New Mexico Home Builders Association

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This is the time of year we always get calls asking us “what are the rules for hiring teens in the construction industry”. Here is the answer directly from the U.S. Department of Labor - Wage and Hour Division.

CONSTRUCTION EMPLOYER'S QUICK GUIDE TO TEEN WORKER RULES

Minors under 16 years of age may only perform office or sales work in the construction industry. They may not be employed on a construction site. The federal rules also limit the number of hours and times of day that such youth may be employed.

Minors age 16 and 17 may work in the construction industry and on construction sites, but there are several tasks or jobs that are deemed to be too hazardous for them to perform, such as:

Working in occupations involving the mixing, handling or transporting of explosive compounds;

Driving a motor vehicle or working as an outside helper (17 year olds may drive automobiles and trucks on an incidental and occasional basis if certain criteria are met);

Riding on most construction elevators and operating or assisting in the operation of cranes, hoists, forklifts, Bobcat loaders, front-end loaders, backhoes, and skid steer loaders;

Loading, operating, and unloading most trash compactors and balers;

Operating power-driven woodworking machines and metal forming, punching, and shearing machines—including portable machines;

Operating power-driven circular saws, band saws, chain saws, reciprocating saws, guillotine shears, wood chippers, and abrasive cutting discs—including portable machines;

Working in wrecking, demolition, and shipbreaking;

Working in roofing and on or about a roof;

Working in excavation.

Note: This is not the complete list of hazardous occupations and there are some exceptions provided for 16 and 17 year olds who are apprentices and bona-fide student-learners. Please see the complete list at www.youthrules.dol.gov.

Minors age 18 and older may perform any work in construction.

State laws may have stricter rules regarding the employment of youth. www.dws.state.nm.us/Labor-Relations/Labor-Information/Child-Labor

This information is provided as a public service. Please visit the U.S. Department of Labor on the Internet at www.youthrules.dol.gov or contact them at their Toll-Free Help Line 1-866-4US-WAGE (TTY: 1-877-889-5627) for more detailed information.

Builders Trust of New Mexico affiliated with New Mexico Home Builders Association

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A delayed report is the precursor to a problematic claim and it can hurt all involved in the long run. The sooner a claim is received by an insurer, the fresher and more accurate is the information obtained. The foundation for a claim is based on the initial investigation and results. A late report only degrades the information as a person’s memory fades. A timely investigation is imperative to determining what happened, why it happened, and how it happened. This initial information is crucial to determine compensability and to also determine if a third party caused this loss, which can help offset the cost of the claim for the employer. Additionally, our ability to keep your workers’ compensation costs down is also tied to your timely reporting. The sooner Builders Trust gets involved, the sooner our licensed adjusters can get to work, assign nurse case management when needed, and keep things from getting out of control. The time to

control a claim is early on. Statistics show that the overall claim cost does increase the later the claim is reported. There are also statutory mandates for claim reporting. Rule 11.4.3.12 (4) states an employer must report every claim to their insurance carrier with 72 hours of knowing of the loss, regardless of whether or not the employer considers the claim to be valid. Failure by an employer to report a claim to their carrier in a timely manner not only damages the credibility of the investigation, it is noncompliant with the NM WCA rule 11.4.3.9 C and can

result in fines from the WCA up to $1000 per occurrence. These fines are issued to the employer. Workers’ Compensation statue and rules also bar an employer from paying their own claims. Violation of this rule can result in fines under 11.4.3.12 (5), unfair claims practices violations, or bad faith penalties. An employer paying their own claims can also be considered fraud and subject to both criminal and civil penalties. A better way to control claims cost is to file your claim in a timely manner with Builders Trust. Our Claims staff reviews all medical bills and we consistently reduce payments well below the billed amount via utilization review, professional review, health care provider agreements. Bill reductions can exceed 50% of the amount billed.

The Builders Trust CPO (Claims Payment Option) program allows you to pay, or buy back, a claim. The smaller claims that employers try to handle themselves are usually the ones that qualify for the CPO program, which is one more reason to report all claims.

In short, the sooner a claim gets to Builders Trust, the better it is for all parties involved. Our ability to effectively handle a claim can help reduce the claim expense, which in turn helps your Experience Modifier, which in turns helps reduce your future premium expense.

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P.O. Box 91330

Albuquerque, NM 87199

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PLEASE ENJOY THIS COMPLIMENTARY ISSUE OF BT BLUEPRINTS

To find out how you can join Builders Trust of New Mexico AND receive the best value in workers’ compensation coverage for New Mexico Home Builders Association members, please contact our

Marketing General Agent Ronnie Letcher at Ronnie Letcher, MGA, LLC , 1-888-618-6022

FREE - ONLINE SAFETY

TRAINING VIDEOS

Builders Trust is pleased to offer our Participants, for FREE, the unlimited use of quality online safety videos. There are over 70 videos available in English and over 40 in Spanish and the library will continue to grow over time. In order to sign up for this valuable service, please contact our Service Center at 1-800-640-3369 or 505-345-3477. In only three simple steps you will be up and running. 1. Call our Service Center for Disclosure and Login instructions

2. Sign and return Disclosure

3. Register your User ID and Password You are now ready to go! Some of the titles include:

Aerial Lift Safety Back Safety Basic First Aid Electrical Safety Excavation & Trenching Safety Fall Protection

Guarding Floor and Wall Openings Hand and Power Tool Safety Ladder Safety Leadership in Safety Scaffold Safety Awareness And Many More