DE| The Delaware Department of Insurance Bulletin No. 64 (revised from 2013) restates Delaware carriers’ obligations under 19 Del. C. Ch. 23 and 18 Del. Admin. Code 802 for the Workplace Safety Program (WPS), emphasizing biannual certification of carrier inspection procedures, minimum inspector qualifications, and robust inspection practices that include both physical walk-throughs and review of employers’ injury and safety data to support eligibility for WPS premium credits, while also introducing an annual administrative survey confirming whether carriers offer WPS‑compliant inspections and specifying email submission processes and timelines for both certification materials and survey responses.
Key Points:
- All authorized workers’ compensation carriers must respond annually to a WPS survey email by June 1 identifying each carrier, its NAIC number, and whether it offers WPS‑compliant inspections (administrative only, no new inspection duty), and all inspection procedure certifications and findings, along with any questions, must be submitted via the designated safety@delaware.gov email, with the bulletin effective immediately until changed.
- Carriers using their own WPS inspection procedures must ensure inspector training meets specified OSHA and industry standards, include detailed review of three years of injury history and related employer data, and submit biannual procedure certifications that are at least as rigorous as the Department’s inspections, with “biannually” interpreted as submissions due by June 30 and December 31.
- For new WPS applicants, carriers must conduct one announced and one unannounced inspection (completed by the policy expiration tied to the credit), are encouraged to complete inspections and submit reports four months before renewal, and must provide written reports explaining how the information reviewed did or did not affect the employer’s WPS credit eligibility.