New Hampshire law requires all employers with 5 or more employees to establish and maintain what is commonly referred to as a "safety committee" at each of its primary locations. The main purpose of a safety committee is to assess worksite health and safety risks and to implement a safety program to reduce such risks. Additionally, New Hampshire law requires all employers with 10 or more employees to maintain an up-to-date, written safety program and to file summaries of the safety program with the New Hampshire Department of Labor every 2 years.

There are specific requirements for an employer's safety committee such as the size and makeup of the committee, meeting on a quarterly basis, conducting safety inspections at the workplace, and coordinating necessary training for employees. There also are requirements for the content of a written safety program, which can be overwhelming to an employer, and include things such as documenting the responsibilities of the safety committee, establishing a process of warnings, suspension, and job termination for violations of the safety rules, and providing for medical services, emergency responses, first aid, accident reporting and investigation. Additional requirements may apply to specific types of employers, including the responsibility of an employer to ensure that its subcontractors comply with the safety program.

If your business is not currently in compliance with these requirements, be aware that the penalties for non-compliance can be significant and include a $1,000 per day fine for violations. Given the potential exposure for past and continuing violations, employers should carefully review the compliance requirements when implementing a new program and making their first filing with the New Hampshire Department of Labor. Legal counsel may be able to assist in avoiding or minimizing the penalties.

If you have any questions about what requirements apply to your business, or if you would like assistance with implementing a new safety program or updating an outdated written safety program, please contact Gary Carpenter, David K. Fries, or Doug Whitlock.