Section Lab 504.04 - Development of Temporary Alternative Work(a) All employers with 5 or more full time employees shall provide temporary alternative work programs to bring injured employees back to work.(b) Temporary alternative work shall be limited and transitional in nature. For the purpose of this provision, transitional means the duty elements are variable as the employee's work capacity increases.(c) The employer shall advise employees that there is a written alternative work program in place and advise employees of the established procedures to obtain alternative work in the event of an on-the-job injury.(d) The employer shall develop an outline of each position that details present requirements and essential functions of each job within the organization at the time of injury if lost time or restrictions are involved. The employer may use the "NHWC TASK ANALYSIS", form 23-b WC (9/2015), contained in Appendix II.(e) The employer shall review each position outline in conjunction with its joint loss management committees as described in Lab 603. This review shall begin with those positions which experience most workplace injuries. Together they shall develop and describe a policy or process that facilitates return to work.(f) The employer shall provide the treating physician with the appropriate outline of the present position with an essential task analysis as soon as possible after the injury occurs if lost time or restrictions are involved. The employer and employee shall have a joint responsibility to obtain needed medical information that will enable the employee to gradually increase his or her duties to bring the employee back to their original position.(g) The employer shall offer a position as approved by the treating physician and the employee shall demonstrate a reasonable effort to comply.N.H. Admin. Code § Lab 504.04
#5913, eff 10-18-94; ss by #6631, INTERIM, eff 11-16-97, EXPIRED: 3-16-98
New. #6806, eff 7-18-98); ss by #8682, INTERIM, eff 7-15-06, EXPIRED: 1-11-07
New. #9019, eff 11-1-07
Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11067, Effective 4/1/2016, Expires 4/1/2026.