N.M. Admin. Code § 6.50.12.8

Current through Register Vol. 35, No. 24, December 23, 2024

Section 6.50.12.8 - LOSS PREVENTION PROGRAM

A. The loss prevention program is hereby created to provide a mechanism for the identification and abatement of hazards relating to all lines of coverage provided by the authority.

B. The loss prevention program is a service provided to the member school districts, charter schools and other educational entities in order to protect the insurance fund and its members from claims that could otherwise be prevented. The authority, through the program, provides recommendations for compliance to the members. It is the responsibility of the members to implement the recommendations for abatement.

C. All visits or inspections shall be performed by the risk management consultant (RMC).

D. The RMC shall conduct evaluations of members. These evaluations shall include, but are not limited to:

(1) physical inspection of any or all of the members' structures, facilities, vehicles or equipment;

(2) review of the members' policies and procedures;

(3) observation of the members' scholastic and non-scholastic activities and operations; and

(4) interviews with members' administration, teachers, maintenance and other support personnel.

E. Within 25 working days following the RMC's completion of the onsite evaluation of a member, the RMC shall submit recommendations to the member for corrective action to eliminate the hazards or exposures observed.

F. Members shall have 20 working days from receipt of the RMC's report to reply to the RMC outlining their timetable for the implementation of recommendations, except for critical or imminent hazards as explained in Subsections G and H, below. If the hazard is not critical or imminent, upon request by the member, the RMC may grant additional time up to no more than 60 working days from receipt of the RMC's report for the member to reply.

G. Critical hazards are those hazards which have an above average potential for immediate occurrence, but are not immediately life threatening.

(1) The members shall have 10 working days from the receipt of the RMC's report to provide an implementation schedule of recommendations identified by the RMC as representing critical hazards.

(2) The RMC shall make a request to the loss prevention review board (LPRB) that any operation involving the critical hazard be suspended if:

(a) the member fails to submit a report within 10 working days;

(b) the member refuses to provide a report within 10 working days; or

(c) the member does not satisfactorily fix the hazard within the time provided in the implementation schedule agreed upon or ordered.

H. Imminent hazards are those hazards which require suspension of activities or operations so as to avoid the threat of an occurrence which could reasonably be expected to cause death or serious physical harm before the danger can be eliminated through the recommended abatement.

(1) The RMC shall convey any recommendation involving an imminent hazard immediately to the highest available member official.

(2) The RMC shall require that any operations involving an imminent hazard be suspended pending implementation of the applicable recommendations.

(3) A notification of the imminent hazard, its accompanying recommendations, and any other verbal request made by the RMC to the member shall be conveyed in writing to the executive director, LPRB, and the member within 72 hours.

(4) The member shall have 72 hours from the receipt of the notice of an imminent hazard to respond to the RMC's recommendation and set forth a plan satisfactory to the RMC to immediately abate the imminent hazard.

(5) The RMC shall make a presentation to the chairperson of the LPRB and the executive director of the authority recommending that insurance coverage provided to the specific operation of the member be suspended if the member refuses or fails to submit a report within 72 hours regarding the immediate implementation of the RMC's recommendation for abatement of the imminent hazard.

(6) The executive director and the chairperson of the LPRB shall consider the recommendation of the RMC and determine if the insurance coverage should be suspended pending a hearing before the LPRB under 6.50.12.11 NMAC.

I. The RMC shall physically re-inspect the hazard or exposure to ensure adequate abatement compliance.

J. The RMC shall provide loss prevention resource materials and activities where needed. These materials and activities shall include, but are not limited to:

(1) assisting members in the development of a member safety program when size and particular member activities warrant.

(2) providing sources for the procurement of safety-related literature, materials or services.

N.M. Admin. Code § 6.50.12.8

10-31-86, 11-4-88, 3-22-93; 6.50.12.8 NMAC - Rn & A, 6 NMAC 50.12.8, 7/14/2000, Adopted, New Mexico Register, Volume XXV, Issue 16, August 29, 2014, eff. 9/1/2014, Amended by New Mexico Register, Volume XXXV, Issue 23, December 10, 2024, eff. 12/10/2024