# Title 92 — Workforce Safety and Insurance

## Article 92-05 — Workforce Safety and Insurance Risk Management Program

## Chapter 92-05-03 — Safety and Health Programs

### § 92-05-03-01. Safety and health programs - Purpose.

The organization may establish safety and health programs to fund safety interventions and
disbursements, or develop other programs to promote safety practices. A decision to discontinue a
safety and health program is at the discretion of the organization. An award under this section is within
the discretion of the organization.
History: Effective July 1, 2006; amended effective April 1, 2008; April 1, 2009; April 1, 2014; January 1,
2024.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04
### § 92-05-03-02. Eligibility.

A North Dakota-based employer with an active workforce safety and insurance account, a volunteer
organization that has elected volunteer coverage with the organization, an association or group
comprised of North Dakota employers or employees in good standing with the North Dakota secretary
of state for at least one year, or person is eligible to apply for a safety and health program. Depending
on the initiative an applicant may be required to submit a completed application. A safety and health
program applicant must complete all program requirements for eligibility consideration of an award.
The organization may require the applicant to submit proof of financial ability to support a matching
grant program. A grant award under this chapter rests solely within the discretion of the organization.
The organization may consider all aspects of an employer's history, including whether the employer
account is in good standing, in determining eligibility for a grant award under this chapter.
History: Effective July 1, 2006; amended effective July 1, 2007; April 1, 2009; January 1, 2024.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04
### § 92-05-03-03. Administration.

Safety and health awards must be determined by a review board established by the organization.
At the organization's discretion, safety and health awards by the organization are subject to the terms
of a signed agreement executed by the organization and the recipient of the award. No award may be
distributed until a signed agreement is fully executed. If the review board determines that an application
or supporting documentation contains erroneous or misrepresented facts, and an award was made
based on those facts, the organization may decline to process the application or revoke the award. The
applicant shall refund all award dollars to the organization.
History: Effective July 1, 2006; amended effective April 1, 2009; January 1, 2024.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04

### § 92-05-03-04. Transitional return-to-work program.

The organization may create programs to defray the costs incurred by a North Dakota employer
who elects to participate in the organization's transitional return-to-work program. An award under this
section is within the discretion of the organization.
History: Effective July 1, 2006; amended effective April 1, 2008.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04
### § 92-05-03-05. Ergonomic program.

The organization may create grant programs to defray the costs incurred by a North Dakota
employer who elects to participate in the organization's ergonomic grant program. A grant award under
this section is within the discretion of the organization.
History: Effective April 1, 2008.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04
### § 92-05-03-06. Hazard elimination learning program.

Repealed effective July 1, 2010.
### § 92-05-03-07. Safety training and education program.

The organization may create grant programs to defray the costs incurred by a North Dakota
association or formally organized pursuant to section 92-05-03-02 employee or employer group that
elects to participate in the organization's safety training and education program. A grant award under
this section is within the discretion of the organization.
History: Effective April 1, 2008; amended effective April 1, 2009.
General Authority: NDCC 65-02-08
Law Implemented: NDCC 65-03-04
