An Act To Amend Title 19 Of The Delaware Code Relating To Workplace Safety Program.
Summary
SB 248 amends Delaware’s workplace safety program in Title 19 to adjust the formula used to calculate workers’ compensation insurance safety credits for qualified employers. The bill changes the premium size ranges and corresponding credits so that employers with favorable loss histories can receive larger credits, with the stated goal of restoring the level of premium savings that prior legislation was intended to provide. According to the synopsis, the update responds to an unintended reduction in discounts that followed changes to the experience rating plan filed by the Delaware Compensation Rating Bureau.
The bill is designed to preserve overall program stability while increasing the workers’ compensation insurance credit available to businesses. It clarifies that safety credits are based on the employer’s credibility under the uniform experience rating plan for the prior policy period, and if an employer was not experience-rated, the Insurance Commissioner will set the credibility amount by regulation. The act also specifies that safety credit packages are rounded to the nearest whole percent and applies only to safety credit calculations communicated by the Department of Insurance on or after December 1, 2026.
In practical terms, SB 248 affects employers participating in Delaware’s workplace safety program, especially those with lower-than-average claim costs and favorable experience modification factors. The bill is intended to ensure that these employers can again reach maximum premium savings of 12%, combining the workplace safety credit with experience-modification savings. It does not create a new program, but instead recalibrates an existing workers’ compensation discount structure within state insurance law.
The general sentiment reflected in the bill materials and voting history is strongly supportive. The bill passed the Senate 17-0 and the House 37-0, indicating broad bipartisan agreement. The synopsis frames the measure as a corrective update to an unintended consequence of prior law, suggesting the legislation was viewed as a technical fix rather than a controversial policy shift.
There is little explicit opposition in the available record, but the main point of policy concern is the balance between increasing business insurance credits and maintaining program stability. The bill’s supporters appear to have focused on restoring intended savings for employers with good safety records, while the underlying issue was the interaction between the workplace safety credit and the revised experience rating plan. No committee testimony is available in the provided materials, so any deeper disagreement is not reflected in the record.
Impact
SB 248 amends 19 Del. C. § 2379, the statute governing Delaware’s workplace safety program, by revising the premium size ranges and corresponding safety credit formula used for workers’ compensation insurance discounts. It also authorizes the Insurance Commissioner to set credibility by regulation for employers not previously experience-rated and delays implementation until safety credit calculations communicated on or after December 1, 2026. The practical effect is to increase available credits for qualifying employers and restore the intended maximum premium savings level, while leaving the overall structure of the workplace safety program in place.
Sentiment
The bill appears to have been received very positively. The available voting record shows unanimous approval in both chambers, with a 17-0 Senate vote and a 37-0 House vote. The synopsis characterizes the measure as a corrective update to an unintended reduction in discounts, which likely contributed to the broad support. No committee transcripts are available, but the record suggests the bill was viewed as a technical and pro-business adjustment rather than a contentious policy change.
Contention
The main substantive issue underlying SB 248 is how to set workers’ compensation safety credits so that employers with strong safety and claims histories receive the intended level of premium savings. The bill responds to an earlier change that, according to the synopsis, caused lower discounts than lawmakers had intended after a new experience rating plan was filed. Any tension in the policy is between increasing credits for businesses and preserving stability in the insurance rating system, but the available record shows no visible partisan or stakeholder conflict and no recorded opposition in floor votes.