Delaware Workplace Safety Program

♦INSURANCE.DELAWARE.GOV♦ 1351 W. NORTH ST., SUITE 101, DOVER, DELAWARE 19904 (302) 674-7300 DOVER♦ (302) 259-7554 GEORGETOWN♦ (302) 577-5280 WILMINGTON DOMESTIC/FOREIGN INSURERS BULLETIN NO. 64 TO: ALL INSURANCE COMPANIES DOING BUSINESS IN DELAWARE RE: DELAWARE WORKPLACE SAFETY PROGRAM DATED: July 15, 2013 REVISED: July 16, 2026 Purpose The Delaware Department of Insurance (Department) is revising and reissuing this Bulletin to remind carriers doing business in Delaware of their obligations under 19 Del. C. Ch. 23 and 18 Del. Admin. Code 802. In addition, to support effective administration of the Workplace Safety Program (WPS), the Department requests that carriers participate in an annual WPS survey described in this Bulletin. This reissuance is prompted by instances in which carriers have not ensured that their inspection procedures have been recertified on a biannual basis as required under 19 Del. C. § 2379. The Bulletin serves to reinforce carrier obligations under the statute and promote continued compliance with the requirement that carrier-established inspection procedures remain current and properly certified. Background Legislation was enacted in 2013 implementing the legislative recommendations of the Workers Compensation Task Force to strengthen Delaware’s workers’ compensation system. Key changes affecting Delaware’s WPS include: • Requiring more rigorous inquiries into past workplace injuries before awarding the WPS premium credit • Allowing the option of substituting carrier-performed safety inspections that are at least as rigorous as those performed by the Department • Requiring employers to comply with their “back to work” responsibilities for injured employees before becoming eligible for the WPS premium credit Compliance Requirements – 18 Del. Admin. Code 802  Inspector Qualification Requirements Carriers adopting their own inspection procedures must include a list of their inspectors’ qualifications in their biannual report to the Department for certification. Training must be appropriate for the types of premises being inspected. At a minimum, inspectors should possess current training such as: • OSHA 10 and/or 30-Hour General Industry Training • OSHA 10 and/or 30-Hour Construction Training • OSHA Hazard Communication Standard Training • Any applicable industry-specific training (e.g., OSHA Maritime, Industrial Hygienist, NIOSH Environmental Health Safety, Trenching and Shoring, Confined Space Training)  Inspection Requirements In addition to hazard recognition based on a physical walk-through of Delaware premises, the carrier’s inspection procedures must include a review of the following employer-provided data: • Workplace injury history for the past three (3) years • The specific nature and outcome of injuries • Any fines or findings resulting from the workplace injuries • A list of possible assignments for injured workers • Any safety measures taken by the employer  Recertification of Inspection Procedures • Pursuant to 18 Del. Admin. Code 802-7.2.2, carriers that provide their own inspection procedures are required to have those procedures recertified on a biannual basis. As required under 18 Del. Admin. Code 802, these inspection procedures must be at least as rigorous as those conducted by the Department. • The Department interprets “biannually” to mean two submissions per year, due by June 30 and December 31  Additional Requirements for New Applicants For employers applying for the WPS for the first time, the Department requires two inspections: • One announced inspection • One unannounced inspection The unannounced inspection must be completed no later than the expiration date of the policy to which any workplace safety credit will apply. This confirms the employer’s initial certification of workplace safety.  Recommended Inspection Timeline The Department recommends that WPS inspections be completed, and corresponding reports submitted no later than four (4) months before renewal. This promotes efficient review and helps ensure employers do not experience delays in certification.  Explanation of Eligibility Determination Written report(s) submitted by carriers must explain in detail how the information reviewed did or did not impact the employer’s eligibility for a workplace safety credit. This explanation must accompany all carrier-submitted inspection reports used in support of a WPS determination.  Annual WPS Survey Request to Carriers To support effective program administration, the Department requests that all workers’ compensation insurers authorized to write in Delaware submit an annual confirmation indicating whether the carrier offers WPS-compliant inspections. Survey responses should be emailed to survey@delaware.gov by June 1 each year. The email subject line must read “WPS Survey.” Each email should include: • Each workers’ compensation carrier in the group • The carrier’s NAIC number • A YES/NO indicating whether the carrier offers WPS-compliant inspections This survey request is for administrative purposes only and does not create any new inspection obligations for carriers. Submission Instructions All inspection procedure certification submissions and carrier inspection findings must be emailed to safety@delaware.gov. Questions about this Bulletin should be emailed to safety@delaware.gov. This Bulletin shall be effective immediately and shall remain in effect unless withdrawn or superseded by subsequent law, regulation or bulletin. ___________________________________ Trinidad Navarro Delaware Insurance Commissioner NOTE: This Bulletin is intended solely for informational purposes. It is not intended to set forth legal rights, duties, or privileges, nor is it intended to provide legal advice. Readers should consult applicable statutes and rules and contact the Delaware Department of Insurance if additional information is needed.