New Hampshire is not a “state plan” state; that is, it does not have a federally approved occupational safety and health regulatory program. Consequently, federal rules govern occupational safety and health requirements in private sector workplaces, including requirements for written safety plans for specific activities (e.g., bloodborne pathogens exposure control plan, hazard communication plan) and for specific hazardous substances. The federal rules do not apply to public (state and local governments) sector employers.
Any private or public sector employer with 15 or more employees insured under workers’ compensation rules in the state must develop a written safety program.
Federal OSHA administers the federal occupational safety and health rules for private sector workplaces. The NH Department of Labor’s (DOL) Safety and Training Division administers and enforces the written safety program rules for private and public sector employers.
WRITTEN SAFETY PROGRAM
NH Stat. 281-A:64, NH Stat. 281-A:64a, and NH Regulations-Labor 602
Employers with 15 or more employees (formerly 10 or more employees) must develop a written safety program and file a summary of it by January 1 every 2 years with DOL. DOL provides a special Safety Summary Form for this purpose. The written plan must provide for employee training and must include the process of warnings, job suspension, and job termination for violations of the safety rules described in the program.
Basic elements of a written Plan. The written program must include:
- Designation, by name and title, of a person who must be knowledgeable of site-specific safety requirements and be accountable for their implementation and adherence;
- Provisions ...