New Mexico Administrative Code
Title 6 - PRIMARY AND SECONDARY EDUCATION
Chapter 50 - INSURANCE
Part 12 - LOSS PREVENTION MANAGEMENT SYSTEM
Section 6.50.12.8 - LOSS PREVENTION PROGRAM

Universal Citation: 6 NM Admin Code 6.50.12.8

Current through Register Vol. 35, No. 18, September 24, 2024

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 loss prevention representative (LPR).

D. The LPR 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 LPR's completion of the onsite evaluation of a member, the LPR 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 LPR's report to reply to the LPR 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 LPR may grant additional time up to no more than 60 working days from receipt of the LPR'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 LPR's report to provide an implementation schedule of recommendations identified by the LPR as representing critical hazards.

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

(2) The LPR 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 LPR 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 LPR's recommendation and set forth a plan satisfactory to the LPR to immediately abate the imminent hazard.

(5) The LPR 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 LPR's recommendation for abatement of the imminent hazard.

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

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

J. The LPR 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.

Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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