Governor and Executive Council Agenda item PDF - 2026-03-04 - agenda 3

Meeting Date

2026-03-04

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Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

3

Agency Names

Department Of Natural And Cultural Resources

Parent Meeting Title

Governor and Executive Council meeting - 2026-03-04

Ken Merrifield

Commissioner

Danielle N. Albert

Deputy Commissioner

of ^ampslftrp

Department of Labor

36MAR 0 A

Hugh J. Gallen

State Office Park

Spaulding Building

95 Pleasant Street

Concord, NH 03301

603/271-3176

TDD Access: Relay NH

1-800-735-2964

FAX: 603/271-6149

http://vvww.nh.gov/labor

January 26,2026

Her Excellency, Governor Kelly A. Ayotte

And the Honorable Cotmcil

State House

Concord, New Hampshire 03301

REQUESTED ACTION

Pursuant to RSA 273:10 and RSA 281-A:61, authorize the acceptance of the Department of Labor's

Bienmal Report for the period July 1,2023 through June 30,2025 effective upon Governor and Council

approval.

EXPLANATION

Attached, please find copies of the 2024-2025 Biennial report for the Department of Labor as required by

law.

Respectfully submitted,

/I

Ken Merrifield

Commissioner

Department of Labor

Commissioner

Ken Merrifield

Deputy Commissioner

Danielle N. Albert

95 Pleasant Street

Concord New Hampshire 03301

66th Biennial Report

July 1, 2023 to June 30, 2025

As required by RSA 273:10 and

RSA 281-A:61

Mission Statement

Our vision is to be recognized by the public as

being a proactive and accessible resource to employees

and employers; ensuring fair and consistent labor practices;

utilizing progressive technologies; having efficient and

responsive processes; treating all individuals with respect

and courtesy; and being competent and professional

State of New Hampshire

DEPARTMENT OF LABOR

Vision Statement

To serve and protect the interests

and dignity of the New Hampshire workforce

TO THE

GOVERNOR AND EXECUTIVE COUNCIL

HER EXCELLENCY, GOVERNOR

KELLY A. AYOTTE

THE HONORABLE JOSEPH D. KENNEY

EXECUTIVE COUNCILOR - FIRST DISTRICT

THE HONORABLE KAREN LIOT HILL

EXECUTIVE COUNCILOR - SECOND DISTRICT

THE HONORABLE JANET STEVENS

EXECUTIVE COUNCILOR - THIRD DISTRICT

THE HONORABLE JOHN STEPHEN

EXECUTIVE COUNCILOR - FOURTH DISTRICT

THE HONORABLE DAVID K. WHEELER

EXECUTIVE COUNCILOR - FIFTH DISTRICT

STATE OF NEW HAMPSHIRE—DEPARTMENT OF LABOR

66th Biennial Report

Special thanks to the NH Department of Business &

Economic Affairs—Division of Travel & Tourism for our use of

their New Hampshire photography in this publication.

TABLE OF CONTENTS

LETTER OF TRANSMITTAL…………………………………………………………..1

ORGANIZATIONAL STRUCTURE………………………………………………..2

ADMINISTRATION, FINANCE, & PERSONNEL……………….....…..3

LEGAL AND LEGISLATIVE…………………………………………………………….7

WORKERS’ COMPENSATION DIVISION…………..……………………..9

INSPECTION DIVISION……………………………………………………………….19

HEARINGS BUREAU…………………………………………………………………….25

TRAINING RECAP…………………………………………………………………………27

Ken Merrifield

Commissioner of Labor

Danielle N. Albert

Deputy Commissioner

State of New Hampshire

Department of Labor

Hugh J. Gallen

State Office Park

Spaulding Building

PO Box 2076

Concord, NH 03302-2076

603/271-3176

1

2

Administration

The Commissioner ’s Office is pleased to re-

port some of the progress being made at the

Department of Labor during the last bienni-

um:

 The Department is a General Fund con-

tributor through its Restricted Fund, and

is pleased to report end of fiscal year

transfers of $2.87M and $2.54M in

State Fiscal Years 24 and 25, respective-

ly. These are among some of the highest

transfers in our history.

 Restructuring of the Workers ’ Compen-

sation Division has resulted in more

timely processing of Memos of Pay-

ment, which had historically been a

persistent lagging metric. The Claims

Bureau is now current in its processing.

 The Department ’s Policy Team, estab-

lished in 2017, has continued to meet

monthly and has issued 37 active inter-

nal policies and procedures.

 As detailed in the Inspection Division

report later in this publication, a wage

and hour case management system has

been launched in our new system of

record, OnBase. The Inspection team

has streamlined its processing of com-

plaints and substantially increased re-

sponse speed for our customers.

 In addition to the migration of wage and

hour case management, it was also nec-

essary to move the financial processing

associated with these cases into On-

Base. While financial management is

currently occurring in parallel in the

legacy AS400 for other activities of the

Department, it is our hope that all finan-

cial processing will migrate to OnBase in

the coming biennium. As of this writing,

the migration of special funds pro-

cessing to OnBase has begun. The Ad-

ministration Fund, for example, repre-

sents more than 85% of the Depart-

ment’s budgeted revenue and supports

all Department activities associated

with workers ’ compensation. The Sec-

ond Injury Fund is a non -appropriated

revolving fund, but has been as large as

$20M in recent years. Migration of

these financial activities to OnBase is

viewed as absolutely critical to the oper-

ation of the Department and the suc-

cess of the overall project.

Farewell to Spaulding Building

NH Healthcare Workplace

Safety Commission

As part of the prior biennial budget,

the Department of Labor was given

oversight responsibility for the NH

Healthcare Workplace Safety Com-

mission. The Commission has en-

joyed the participation of every hos-

pital in the Granite State, and has

been very active. As noted in its an-

nual report, the Commission was

determined to continue holding

monthly meetings in Concord to

avoid any loss of momentum in its

efforts. The Commission is tasked

with reporting incidents of work-

place violence from each hospital,

analyzing those events, and deter-

mining strategies for mitigation.

During Fiscal Year 2025, the Com-

mission reported 3,358 workplace

violence events. The Commission

has discussed numerous mitigation

strategies, inclusive of staff training,

the hardening of physical assets,

weapon detection technology, psy-

chological assessment tools, patient

codes of conduct, and active shooter

drills. Other discussions have fo-

cused on phone de -escalation tech-

niques, violence risk -assessment

tools, hospital signage and messag-

ing, and best practices for reporting

of events to leadership.

With thanks to the Department of Administrative Services, the Spaulding Building,

first constructed in 1933, has undergone significant renovation and improvements

in recent years. Air conditioning had been provided by an aging cooling tower to the

west of the building, and this has now been replaced with a state of the art cooling

tower. Also replaced were console heating and cooling units located in each individ-

ual office and corridor in the building. In addition, the Spaulding Building roof was

completely replaced. Nearby is Londergan Hall, formerly the home of the Depart-

ment of Education. As of this writing, renovation of that building is nearly complete.

Early in the new biennium, the Labor Department will move for the first time since

the 1990s and share the Londergan Building with administrative offices of the De-

partment of Safety. We look forward to the move to our new home.

3

Receipts for the Biennium by Class

4

Expenditures for the Biennium by Class

5

POSITION ROSTER

87 fulltime authorized positions as

reflected in the now -approved 26-27

Budget Request.

6

Statutes Administered by the Department

The Ne w Hampshire Departmen t of Labor was establishe d by Chapter 48 o f the

Laws of 1893.

RSA 273 Department of Labor Principally provides for the operation and organization of the De-

partment of Labor.

RSA 157-A Boiler and Pressure Vessel Inspection Law Establishes that the Department of Labor

certifies boilers and pressure vessels for safe operation and issues licenses for all boiler inspectors

active within the state.

RSA 157-B Elevator & Accessibility Lift Law Establishes that the Department of Labor certifies el-

evators and accessibility lifts for safe operation and issues licenses for all elevator and accessibility

lift inspectors and mechanics active within the state.

RSA 275 Protective Legislation Governs the conditions of employment such as the prompt and

proper payment of wages. Additionally this chapter provides a platform for the recovery of unpaid

wages.

RSA 275-A Citizens Job Protection This law addresses labor strikes and employment of undocu-

mented workers.

RSA 275-E Whistleblowers’ Protection Act This act provides protection against retaliation for an

employee reporting violations of law or for refusing to execute illegal directives

RSA 275-F WARN Act The Worker Adjustment and Retraining Notification Act protects workers by

requiring advance notice of significant employment losses at employers numbering one hundred or

more employees.

RSA 276-A Youth Employment Sets forth the requisite standards and safeguards relative to the

engagement of workers under the age of 18.

RSA 277 Safety and Health of Employees Establishes that the Department of Labor is responsi-

ble for addressing workplace safety issues and incidents in the public sphere.

RSA 277-A Workers’ Right to Know Law Sets forth notice requirements for public employers that

have a workforce that is exposed to toxic substances in the workplace.

RSA 277-B Employee Leasing Companies Establishes that the Department of Labor regulates

Employee Leasing Companies in order to protect employers’ and employees’ payroll and benefits

including tax payments

RSA 279 Minimum Wage Law Prov ides fo r the Enforcement of minimu m wage a nd overtime

payments

RSA 281-A Workers’ Compensation Law Prov ides that the Departme nt of Labor administers the

workers’ compensation syste m in New Hampshire, inclusive of processing claims, adjudicating

benefits and enforcing coverage requirements.

7

SB 588 (2024)

Title: Relative to employer notice of veterans' benefits and services.

This bill created a new mandatory workplace poster that provides employees information about

veterans benefits and services including substance abuse and mental health resources, educational

and workforce training resources, tax benefit information, legal services resources, and contact

information for the US Department of Veterans Affairs veterans crisis line.

HB 2 (2025)

Title: Leave of Absence to Attend Medical Appointments for Childbirth, Postpartum Care, and

Infant Pediatric Medical Appointments.

This bill created a new requirement that employers with more than 20 employees must permit an

employee up to 25 hours of leave from work to attend the employee's own medical appointments

for childbirth, postpartum care, or the employee's child's pediatric medical appointments within

the first year of the child's birth or adoption.

HB 225 (2025)

Title: Relative to the employment of military spouses in the event of involuntary deployment of

service member.

This bill provides new employment protections for the spouses of mobilized military members.

HB 282 (2025)

Title: Increasing the maximum benefits for first responders critically injured in the line of duty.

This bill increased the total aggregate amount available to pay qualifying first responders' critical

injury benefits from $500,000 per biennium to $1 million per biennium. Individual benefit limits

remained at $125,000.

8

Legislative Items of Note 2024 & 2025

WORKERS’ COMPENSATION DIVISION

The workers’ compensation division is established under RSA 273:4-a. The division

primarily administers and enforces the provisions of RSA 281-A. It also is responsible for

administering and enforcing the provisions of RSA 277-B relative to employee leasing

companies.

RSA 281-A is also known as the State’s workers’ compensation law. Generally, this

chapter requires any employer operating in the State of New Hampshire to secure workers’

compensation coverage and report injuries to the Department. The chapter also requires

employers and carriers to make payment of compensation in accordance with the

provisions. Notably, New Hampshire is considered a “no fault” jurisdiction, meaning

compensation must be provided to workers injured in the course of employment in the form

of wage replacement, medical payments, and/or disability benefits.

A key function of the division is monitoring compliance with all rules and regulations

connected with the chapter. The division additionally strives to ensure that all parties and

participants within the workers’ compensation platform understand their rights and

responsibilities. The division does so through multiple units detailed within this report.

Further, the division does so by working with other agencies, both State and Federal, as

well as with private entities in conducting trainings and outreach. During the biennium, the

division conducted and/or participated in numerous trainings, panels, and informational

sessions in furtherance of this purpose.

WORKERS’ COMPENSATION BY THE NUMBERS

0

500

1,000

1,500

2,000

2,500

3,000

3,500

Hearings Scheduled Decisions Issued Appeals Requested

Workers' Compensation Hearings

Total

Workplace

Injuries

Reported:

87,036

Total Injuries

Resulting in a

Permanent

Impairment:

1,185

Certified

Vocational

Rehabilitation

Providers: 12

Average

Memos of

Payment

Received

Weekly: 265

Coverage

Penalties

Collected:

$3,563,362

PRO SE DISPUTE RESOLUTION

RSA 281-A:42-c, entitled “Position Established for Assisting Unrepresented Injured

Employees” created a full-time position within the workers’ compensation division. The goal

of the position is two-fold. First, the position is intended to assist unrepresented injured

employees in understanding, asserting, and protecting their rights under the workers’

compensation law. Second, the position is intended to resolve claims or concerns without

the need for

litigation. Notably, the assistance provided under this statute does not include

representation of em

ployees. Given this, the position refers employees to the New

Hampshire Bar A

ssociation if they wish to seek representation.

In ca

rrying out the overall mission, the position works with injured employees who do not

have representation and may investigate potential claims or concerns employees have

regar

ding their claims. The position does so through outreach to employers, carriers, self-

insurers, and health care providers, where appropriate, on behalf of the employee. This can

include potential missing payments, how to request a hearing, contact information for

relevant parties, or general questions, among other items. While the position does not

represent individuals at hearings, a key aspect is helping unrepresented litigants understand

their rights and responsibilities as it relates to any hearing.

The position had contact with a total of 856 individuals between July 1, 2023 and July 1,

2025. The posi

tion assisted individuals with a variety of issues with the primary issues being

i

dentified below.

Cases above that proceeded to hearing resulted in the following determinations as of the

date of this report:

• Case accepted: 16

• Case denied: 35

• Case pending appeal: 5

• Case dismissed: 2

• Case withdrawn: 22

• Case settled: 1

Note, for the figures above, many initial contacts also proceeded to hearing. However, many

obtained counsel or did not require assistance beyond general questions and were thus not

tracked for ultimate resolution.

69

72

Coverage Activity by Type

SFY 2024 & 2025

Voluntary Coverage Assigned Risk

Self-Insured Reinstatement

Leasing Wrap-Up

$0.00

$500,000.00

$1,000,000.00

$1,500,000.00

$2,000,000.00

$2,500,000.00

$3,000,000.00

$3,500,000.00

Coverage Violation Penalties

Collected SFY 2024 & 2025

Carrier Employer

-

5,000

10,000

15,000

20,000

25,000

30,000

Number of Notice of Terminations

Coverage Termination Reasons

SFY 2024 & 2025

Change of Carrier Out of Business Business Sold No Employees

Premium Payment Due Request of Carrier Revocation

Managed Care Organization Recertification Date

Corvel Corp

Bedford, NH

September 2025

(Awaiting ratification by the WCAC)

Stratham, NH October 2030

Liberty Mutual Managed Care

Dover, NH October 2027

Tandem Injury Management LLC

Manchester, NH May 2030

Travelers Insurance Managed Care Program

Bedford, NH May 2028

Windham Group

Manchester, NH September 2026

VOCATIONAL REHABILITATION

The Workers' Compensation law, through RSA 281-A:25, provides vocational rehabilitation benefits to

injured workers with compensable work-related injuries. Vocational Rehabilitation benefits include

retraining and job placement services to injured workers who, as a result of a work-related injury, are

unable to return to the work for which they have training and experience. The purpose of the benefit is to

restore injured workers to, or as close as possible to, their previous earning capacity.

ELIGIBILITY AND SERVICES

Injured workers who are disabled from performing work for which they have training or experience may

be eligible for vocational rehabilitation services. Once an eligibility determination is made, a referral for

services is filed with the Department of Labor, and an Individualized Written Rehabilitation Plan {IWRP) is

developed. IWRPs detail the specific vocational services provided to the injured worker, as approved by

the Department. A closure report is submitted to the Department once services have concluded.

CERTIFIED VOCATIONAL REHABILITATION PROVIDERS

Vocational Rehabilitation services are provided by Certified Vocational Rehabilitation Providers {CVRP).

CVRPs are employed by private rehabilitation companies and paid for by the employer or the employers'

insurance carrier. Any CVRP providing services to an injured worker is certified through the New

Hampshire Department of Labor and VR Provider Advisory Board, as required by RSA 281-A:68. CVRP's

are required to be recertified on a biennial basis.

FIRST REPORTS OF INJURY UNIT

The First Report of Injury Unit initiates the review process of an injured worker's claim. This step must be

completed before the claim can be reviewed for potential indemnity benefits through the employer's

insurance carrier.

The First Report of Injury Unit is responsible for ensuring these reports are filed completely, accurately,

and in a timely manner. Employers are required to file this report with the Department of Labor within five

days of being notified by the employee of an occupational injury or illness. Failure to file timely can result

in delayed payments to injured workers and medical providers. Accordingly, through education and

enforcement, the Department works to ensure that employers adhere to filing requirements.

Body Part # of Injuries

FIRST REPORTS

OF

INJURY

Workplace Injury

Statistics

for

SFY 2024 & 2025

Outcome # of Injuries

Ankle 3,374 Allergic Reaction 26

Arm 4,067 Amputation 61

Back 1,715 Bites and/or Scratches 604

Back & Leg 8 Body Fluid Exposure 117

Brain 385 Broken or Fractured Bone 2,708

Buttocks 392 Bruise 16,673

Ear 300 Burn 2,273

Elbow 1,392 Cancer or Exposure

(Asbestos)

24

Eye 3,271 Carpal Tunnel 93

Fatal 19 COVID19 Coronavirus 433

Finger 9,474 Cut or Puncture 18,299

Foot 2,510 Death 22

Foot & Ankle 9 Electrical Shock 170

Hand 6,958 Cause # of Injuries Foreign Body 1,845

Hand & Wrist 362 Airborne

Particle(s)

1,429 Frost Bite 22

Head 5,887 Animal 2,165 Fumes, Dust and/or Smoke

Inhalation

37

Heart 123 Chemical 485 Hearing Aid 63

Hip 843 COVID19 390 Hearing Loss 59

Hip & Leg 11 Criminal Act 222 Heart Attack 132

Knee 5,924 Electricity 167 Heat Exhaustion 107

Leg 786 Hit by Object 10,494 Hepatitis Exposure 8

Lower Back 5,299 Hot Liquid / Object 1,913 Hernia 193

Lower Leg 1,635 Insect 104 Muscle Pull / Strain / Sprain 24,594

Lungs 423 Lifting Action 13,884 Nonapplicable 7,238

Mouth 616 Machinery 822 Occupational Disease (Other) 1,158

Neck 82 Motor Vehicle

Accident

1,650 Other Respiratory 168

Neck & Back 13 Needle 94 Rash or Dermatitis 335

Neck & Head 22 Nonapplicable 3,343 Stress 249

Neck & Shoulders 14 Other 12,530 Stroke or Seizure 8

Nonapplicable 1,444 Person 4,776 Tendonitis 1

Nose 425 Pinch / Squeeze 1,589 Unknown 9,196

Other 6,050 Plant 822 Vision 120

Other Multiples 12,519 Quality of Air 220 Total: 87,036

Shoulder 4,182 Repetitious 1,857

The data presented here demonstrates the

variety and quantity of these first reports of

injury which are categorized upon receipt by

the Department. These categories include

outcome, cause, and nature.

Thumb 2,373 Sharp Object 4,949

Toe 679 Slip or Fall 16,666

Unknown - Spaces 346 Tool 4,243

Unknown - Zeros 247 Twist 1,595

Upper Leg 41 Unknown - UK 608

Wrist 2,816 Weather 19

Total: 87,036 Total: 87,036

INTAKE UNIT

The Intake Unit processes incoming mail, faxes, and email correspondence. Incoming

correspondence is sorted, delivered, and scanned to the proper work area for further action. This

includes submissions for pending hearings. In doing so, the Intake Unit also maintains records of

the Department.

In addition to the above, the Intake Unit is also responsible for monitoring and responding to

requests for workers’ compensation records requests for copies of files. The requests must be

reviewed to ensure compliance with RSA 281-A:21-b. In conducting this review, the Intake Unit

must determine if the requestor is authorized to receive the information or if a signed release from

the claimant is included. These copies can be emailed or added to a CD and mailed to the

requester.

CLAIMS UNIT

The Claims Unit serves as the initial point of contact for injured workers, attorneys, employers, and insurance

companies. This unit is responsible for providing basic technical guidance on Workers’ Compensation laws and

completing state forms.

The primary function of the Claims Unit is reviewing and processing Memo of Payment (MOP) forms filed by

insurance carriers pursuant to RSA 281-A:15. MOP forms show the disability periods, the average weekly wage,

and the compensation rate being paid to the injured worker. The claims unit reviews and processes MOPs for

accuracy. In doing so, it provides insurance carriers guidance where appropriate and will reject submissions that

do not conform to requirements under statute and rule.

During the current biennium, the Department introduced a new email box for filing of MOPs. The Claims Unit

monitors and processes su bmissions from t his email.

PERMANENT IMPAIRMENT

The Workers’ Compensation Law, RSA 281-A, section 32, allows for a monetary award called a

permanent impairment award. A permanent impairment is appropriate in instances when a work-

related injury or illness causes permanent loss or use of certain compensable body parts as

scheduled by statute. An award may be paid when an injured worker has had a permanency

evaluation performed by a medical provider to determine whether the injured worker has

reached maximum medical improvement and then assesses the percentage of permanency. The

amount of the award is calculated based on the number of total weeks of bodily loss multiplied

by the percentage of the permanency. That total will then be multiplied by the injured worker’s

compensation rate at the time of injury.

The tables below represent the number of injuries resulting in permanent impairments as well as

the average and total amounts paid in permanency benefits.

Inspection Division

The Inspection Division is responsible for

administering and enforcing the Protective

Legislation Law, Citizens Job Protection Law,

Whistleblowers’ Protection Act, Minimum Wage

Law, WARN Act (Worker Adjustment and

Retraining Notification Act), Boiler and Pressure

Vessel Law, Elevator and Accessibility Lift Law,

Safety & Health Laws, and the Worker’s Right to

Know Law. Division staff process and investigate

alleged violations of labor laws. When a

violation is found, cases are resolved through an

informal settlement conference or formal

hearing, with inspectors participating in both

processes to ensure compliance and fairness.

In response to complaints, the Division

conducts business inspections to verify

employer compliance with state labor laws,

which may result in payment of wages due and

assessment of civil penalties. The Division’s

informal settlement process continues to serve

as an effective tool for encouraging voluntary

compliance and reducing civil penalties where

employers demonstrate corrective action

without requiring a formal hearing.

Over the past biennium, the Division has

experienced a notable increase in complaints

and inspection requests, reflecting both

heightened awareness among workers and the

complexity of labor issues across industries. To

maintain efficiency and uphold the Division’s

commitment to timely enforcement, staffing

capacity has been expanded through targeted

hiring of additional inspectors.

This strategic enhancement ensures the

appropriate allocation of resources, enabling

staff to respond quickly, manage higher

caseloads, and sustain consistent enforcement

and education efforts statewide.

The Division also continues to ensure

compliance with elevator, accessibility lift,

boiler, and pressure vessel safety codes adopted

by the State of New Hampshire.

These responsibilities are carried out through

inspection, enforcement, administration, and

licensing processes that safeguard workers and

members of the public in facilities where these

systems operate.

In addition to its enforcement work, the

Division conducts safety and compliance

webinars for employers and provides technical

assistance to help businesses develop

workplace safety programs that meet state

standards.

Find more helpful information about the

Division at:

https://www.dol.nh.gov/inspections

Our Mission:

“To protect public

safety and the eco-

nomic well-being of

New Hampshire’s

workforce through

enforcement and

education.”

Inspection

Timeframes

Through comprehensive process

review and targeted staffing

enhancements, the Inspection

Division has significantly improved

efficiency and timeliness in case

handling. In FY 2024, the Division

conducted 726 inspections -

including 223 complaint -based and

503 coverage inspection - a

substantial increase from 398

inspections in the prior year.

Streamlined procedures, refined

case management practices, and

focused backlog reduction efforts

have reduced the age of pending

inspections from more than two

years old to no older than one year.

These improvements ensure that

complaints are reviewed promptly,

investigations are initiated without

unnecessary delay, and both

employers and complainants receive

timely communication throughout

the inspection process

Education

Learning Opportunities

Over the past biennium, the

Department has placed a strong

emphasis on building collaborative

relationships with educational

institutions, service providers, and

employers involved in Educational

Learning Opportunities (ELOs)

approved under the sub- minimum

wage provisions of New Hampshire

labor law. These programs provide

valuable work -based learning for

practical experiences for students and

individuals with disabilities, while

ensuring that participants are treated

fairly and that all legal standards are

met. The Department has worked

closely with program administrators to

ensure consistency in application and

oversight, fostering a streamlined

approach that aligns educational

objectives with statutory compliance.

Meetings with stakeholders including

schools, employers, and advocacy

organizations have been instrumental

in clarifying program expectations and

identifying areas where additional

guidance or rule revisions were

needed. Throughout this biennium,

stakeholder engagement has been a

key focus, with numerous groups

proactively requesting meetings to

share their perspectives and provide

feedback on the new rules currently

under development. This input has

been essential in shaping policies that

balance program flexibility with worker

protections, ensuring clarity,

consistency, and transparency in the

approval and monitoring process.

19

20

LEAST COMMON VIOLATIONS

MOST COMMON VIOLATIONS

22 22

DATABASE UPGRADES

Over the biennium, the Division implemented a centralized case management database in the

Department’s new OnBase system to modernize complaint and inspection tracking across all

program areas. Developed in 2023 and launched in August 2024, the system represents a major

step forward in how the Department monitors, manages, and reports on enforcement activities.

This enhanced platform allows staff to log and process complaints, review cases for inspection or

warning eligibility, assign and monitor cases in real time, and track each matter through to

resolution, including informal conferences and civil penalties. The system’s integrated dashboard

provides real -

time visibility into case status, inspector workload, and Division performance

metrics.

The new database also enables the automated generation of customized reports, improving

internal oversight, data accuracy, and overall accountability. By streamlining case workflows

and providing reliable performance data, the Department can now more effectively allocate

resources, identify trends, and ensure timely and consistent responses to complaints.

22

Safety & Public Employers

In addition to broad outreach across state and municipal agencies, the

Division has worked closely with School Administrative Units (SAUs) to

ensure compliance with Joint Loss Management Committee (JLMC) standards

and to support the development and implementation of Student Violence

Prevention & Management Plans.

The Division also responds to fatalities and serious injuries occurring within

public-sector workplaces, providing guidance and oversight to ensure that

root causes are identified and corrective actions are implemented.

This process includes collaboration with agenc y leadership and JLMCs to

develop mitigation strategies that st rengthen overall safety practices.

Through these efforts, the Department continues to advance

compliance, prom ote prevention, and reinforce its commitment to

protecting the health and safety of New Hampshire’s public employees.

23

Boiler & Elevator Inspection

The Inspection Division continues to

uphold its statutory responsibility to

ensure the safe installation and

operation of boilers, pressure vessels,

elevators, and accessibility lifts in

accordance with RSA 157 -A and RSA

157-B. The Division’s trained

inspectors conduct installation

inspections of all new units to verify

compliance with applicable safety

codes and standards prior to

operation, safeguarding both workers

and the public.

During the biennium, the Division has

undertaken a comprehensive review

and update of the administrative

rules governing these programs to

strengthen enforcement authority,

clarify inspection requirements, and

align regulatory provisions with

current industry standards. These

updates support a more consistent

and transparent inspection process

while enhancing the Division’s ability

to respond to emerging technologies

and evolving safety needs.

With these efforts, the Department

reinforces its commitment to public

safety and ensures that NH ’s

regulatory framework continues to

promote compliance, accountability,

and confidence in the safe operation

of these critical systems.

24

“The Department of Labor helps employers and insurance carriers to op-

erate successfully within New Hampshire’s labor laws. We encourage a

successful, fair, and safe workplace throughout the Granite State.”

DEPARTMENT OF LABOR HEARINGS

BUREAU

TYPES OF HEARINGS

The Department of Labor Hearings Bureau schedules and

adjudicates cases regarding workers’ compensation claim

disputes, wage claim disputes, whistleblower protection

act claims, workers’ compensation premium audit dis-

putes, and a variety of labor law enforcement actions rela-

tive to compliance with New Hampshire’s labor laws.

The majority of cases heard by the Hearings Bureau in FY

2024 and FY 2025 were disputed workers compensation

benefit cases. In FY 2024, the Hearings Bureau heard ap-

proximately 1,487 cases, 1,070 of which were workers’

compensation claim disputes. In FY 2025, the Hearings

Bureau heard approximately 1,203 cases, 930 of which

were workers’ compensation benefit cases.

Relative to workers’ compensation lump sum settlements,

the Hearings Bureau approved approximately 517 settle-

ments in FY 2024, and approximately 442 settlements in

FY 2025.

The New Hampshire Department of

Labor Hearings Bureau, established by

RSA 273:4-b, is responsible for schedul-

ing and adjudication of disputed labor

law cases regulated by the Department.

This includes workers’ compensation,

wage claim, and whistleblower disputes,

as well as labor law enforcement actions.

The Hearings Bureau is comprised of

five hearing officers, two schedulers,

and two support staff, and is overseen

by an administrator of hearings. The

Hearings Bureau is independent of the

Department’s regulatory Divisions in

order to assure that decisions are made

in a fair and impartial manner. Cases

are scheduled within six weeks from the

date of receipt of a hearing request.

Participants in Department of Labor

hearings may appear pro se, meaning

without legal representation, or with an

attorney. Hearings are presided over by

hearing officers, and decided in accord-

ance with applicable statute and regula-

tory law, and are based on a

“preponderance of the evidence” legal

standard. All parties to a hearing are

held to the same legal standard regard-

less of whether or not the party is repre-

sented. Hearing decisions are issued

within 30 days from the close of a hear-

ing record and may be appealed in ac-

cordance with applicable law

1

25

Any party aggrieved by the outcome of a hearing decision rendered by the

Department has a right to appeal as authorized by law.

Any party aggrieved by a workers’ compensation hearing case may appeal

the decision to the Workers’ Compensation Appeals Board (CAB) for a de

novo hearing, in accordance with RSA 281-A. A party aggrieved by a deci-

sion assessing a civil penalty may appeal the decision to the Civil Penalty

Appeals Board for a de novo hearing, in accordance with RSA 273. “De no-

vo” means a new hearing that is not bound by the findings and rulings of a

previous hearing before a hearing officer and which allows the parties to

introduce new evidence or evidence not considered by the hearing officer at

a hearing, subject to applicable administrative rule.

Parties aggrieved by a wage claim decision or wage adjustment action may

appeal to the Superior Court in accordance with RSA 275:51. The Superior

Court does not conduct a new hearing and will only review the matter for

errors of law.

APPEAL PROCESS

26

27

 2023 Ski NH Labor Law Training

 2023 ELO Coordinator Meeting – Youth

Labor Law training

 2023 Workers’ Compensation Adjuster

Training – Memos of Payment

 2024 Winter Workers’ Compensation

CVRP Training

 2024 Labor Laws - NH

Parks/Recreations

 2024 Labor law training - Seacoast HR

Association

 2024 Youth Labor - NH Lodging &

Restaurant Association

 2024 Workers’ Compensation Adjuster

Training

 2024 Labor Law Employer Spring

Seminar

 2024 Blue Lion Group – Labor Laws

 2024 Fall Workers’ Compensation CVRP

Training

 2024 NH Bar Association Workers

Compensation Section – Department

Updates

 2024 NH College and University Council

- School to Work/Experiential Learning

Opportunities training

 2024 NH Association of School

Business Officials – Labor Law

 2024 Arch Expo – Labor Law

 2024 23rd Annual Labor & Employment

Law Update, CLE

 2024 Healthcare Workplace Safety

Commission – Workers’ Compensation

Injury Reporting Requirements

 2024 NHWPCA/NHDOL – Workplace

Safety

 2025 Educational Learning

Opportunities presentation for State

employee's

 2025 NH Camps Board – Labor Law

training

 2025 Spring Workers’ Compensation

CVRP Training

 2025- NH Grocers Assoc. Annual

Conference – Labor Law

 2025- Current trends in school ops.-

Joint loss management procedures

 SNHRM – Labor Law

 2025 NH Adjusters conference

 2025 Legislative Conference

 2025 NH Bar Association Workers’

Compensation Section

The Department of Labor places a

strong emphasis on public education, striving

to ensure that employers, workers and

insurance carriers are well- informed about

their rights and responsibilities under various

labor laws through comprehensive outreach

and educational initiatives. Over the past

Biennium the Department has participated in

the following trainings:

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STATE OF NEW HAMPSHIRE—DEPARTMENT OF LABOR

66th Biennial Report—SFY 24-25