Upper Valley Business and Education Partnership

Non-Paid Work-Based Learning Experiences (i.e., internships, industry tours, job shadowing, mentoring, service learning, etc.)
Adapted from State of New Hampshire: Practices in Work-Based Learning

School Districts - need to contact their General Liability insurer to confirm coverage and learn if these activities are within the scope of their policy. Liability awards are limited (by statute) for public entities to $150,000 per person, $500,000 per occurrence unless they carry higher General Liability limits. Medical costs incurred as a result of an accident would not be covered under a general liability policy unless caused by the district's negligence. Therefore, a Student Accident Policy is available to districts to access adequate coverage at very reasonable cost.

Although students participating in non-paid work-based learning activities will be visiting worksites in order to gain these experiences they are not considered employees of that employer. As long as the experience is an extension of the classroom, no employer/employee relationship exists. Therefore, they would not be covered under the business partners workers' compensation insurance and this is why we recommend the aforementioned student accident policy for adequate coverage in case of an incident on site.

Any non-paid work-based activity or program involving New Hampshire employers must be approved by the New Hampshire Department of Labor (NH DOL). The "Approval Form for Non-Paid Work-based Activities" can be obtained from UVBEP or NH DOL.

In addition, New Hampshire employers hosting students must be pre-approved by the NH DOL. Approval must be obtained before any student is placed at a business location. For a list of pre-approved employers, click here. If a partner school needs pre-approval for an employer not listed, UVBEP will handle the necessary paperwork for partner schools. Contact us for assistance.

Business Partners will not be liable under the workers' compensation statute for students in non-paid work-based learning activities as long as the Department of Labor approves the activities.

Work-based learning activities must be approved by the NH DOL. Schools are responsible for securing this approval.

In addition, NH employers must be pre-screened annually by the NH DOL for unpaid work-based activities under RSA 279:22aa. Participating schools or the UVBEP will complete the paperwork necessary. Employers with ten or more employees should be sure to have a safety plan on file with the DOL per Workers Compensation regulations. If a business location is rejected, the reason for rejection will be stated on the profile list (returned to the school or UVBEP) and the school coordinator will be responsible for contacting the business to discuss the reason for rejection or request the Department of Labor staff to address such with the business site.

Paid Work-Based Learning Experiences (i.e., paid internship, apprenticeship, etc.)
Adapted from State of New Hampshire: Practices in Work-Based Learning

Students in paid work-based experiences are considered employees and, as such, must be covered under the business partners' workers compensation insurance. An employer who hires one or more persons in one or more trades, businesses, professions or occupations whether in one or more locations is subject to the provisions of RSA 281-A, the Workers' Compensation Statute.

The only business exempt from the requirement to purchase workers' compensation coverage are sole proprietorships (self-employed persons) and corporations which have only three corporate officers and no employees other than these three officers.

There is often confusion about the respective responsibilities of employers and subcontractors in providing workers' compensation coverage for workers. If a business utilizes the services of subcontractors the businesses should be certain that all subcontractors provide the required workers' compensation coverage for their employees. The business (or general contractor) may be held liable for compensation of any injury that occurs to the subcontractor's employees, if the subcontractor fails to provide workers' compensation coverage.

NH Registered Youth Apprenticeship involves actual work including earnings. These programs are approved through a separate process. Please contact Jack Jarvis at the Department of Labor at 603-271-6297, or Jill Houser at the Bureau of Apprenticeship and Training at 603-225-1444 for information regarding these paid experiences. Or, visit the State's apprenticeship website.

A cooperative work experience is a structured method of instruction whereby students parallel their high school or post-secondary studies with paid employment in a field related to their academics or occupational objectives. The terms of the cooperative agreement are addressed in the Memorandum of Understanding. This two-page document requires information and signatures from faculty members, the student, parent and employer. The NH Departments of Education and Labor also provide approval.

School Faculty
From State of New Hampshire: Practices in Work-Based Learning

Faculty members who participate in work-based learning activities on-site with business partners are protected under the workers' compensation laws of New Hampshire (this is an extension of their job as a member of the faculty within the school district). Again, we encourage teachers to be involved in these work-based learning activities and recommend they experience these opportunities to better apply the academics in the classroom to business and community environments. The business partner is not liable for workers' compensation coverage when a faculty member participates in activities on-site. This is strictly the responsibility of the school district.





			New Hampshire Insurance and Liability Issues Non-Paid Work-Based Learning Experiences Paid Work-Based Learning Experiences School Faculty Non-Paid Work-Based Learning Experiences (i.e., internships, industry tours, job shadowing, mentoring, service learning, etc.) Adapted from State of New Hampshire: Practices in Work-Based Learning School Districts - need to contact their General Liability insurer to confirm coverage and learn if these activities are within the scope of their policy. Liability awards are limited (by statute) for public entities to $150,000 per person, $500,000 per occurrence unless they carry higher General Liability limits. Medical costs incurred as a result of an accident would not be covered under a general liability policy unless caused by the district's negligence. Therefore, a Student Accident Policy is available to districts to access adequate coverage at very reasonable cost. Although students participating in non-paid work-based learning activities will be visiting worksites in order to gain these experiences they are not considered employees of that employer. As long as the experience is an extension of the classroom, no employer/employee relationship exists. Therefore, they would not be covered under the business partners workers' compensation insurance and this is why we recommend the aforementioned student accident policy for adequate coverage in case of an incident on site. Any non-paid work-based activity or program involving New Hampshire employers must be approved by the New Hampshire Department of Labor (NH DOL). The "Approval Form for Non-Paid Work-based Activities" can be obtained from UVBEP or NH DOL. In addition, New Hampshire employers hosting students must be pre-approved by the NH DOL. Approval must be obtained before any student is placed at a business location. For a list of pre-approved employers, click here. If a partner school needs pre-approval for an employer not listed, UVBEP will handle the necessary paperwork for partner schools. Contact us for assistance. Business Partners will not be liable under the workers' compensation statute for students in non-paid work-based learning activities as long as the Department of Labor approves the activities. Work-based learning activities must be approved by the NH DOL. Schools are responsible for securing this approval. In addition, NH employers must be pre-screened annually by the NH DOL for unpaid work-based activities under RSA 279:22aa. Participating schools or the UVBEP will complete the paperwork necessary. Employers with ten or more employees should be sure to have a safety plan on file with the DOL per Workers Compensation regulations. If a business location is rejected, the reason for rejection will be stated on the profile list (returned to the school or UVBEP) and the school coordinator will be responsible for contacting the business to discuss the reason for rejection or request the Department of Labor staff to address such with the business site. Paid Work-Based Learning Experiences (i.e., paid internship, apprenticeship, etc.) Adapted from State of New Hampshire: Practices in Work-Based Learning Students in paid work-based experiences are considered employees and, as such, must be covered under the business partners' workers compensation insurance. An employer who hires one or more persons in one or more trades, businesses, professions or occupations whether in one or more locations is subject to the provisions of RSA 281-A, the Workers' Compensation Statute. The only business exempt from the requirement to purchase workers' compensation coverage are sole proprietorships (self-employed persons) and corporations which have only three corporate officers and no employees other than these three officers. There is often confusion about the respective responsibilities of employers and subcontractors in providing workers' compensation coverage for workers. If a business utilizes the services of subcontractors the businesses should be certain that all subcontractors provide the required workers' compensation coverage for their employees. The business (or general contractor) may be held liable for compensation of any injury that occurs to the subcontractor's employees, if the subcontractor fails to provide workers' compensation coverage. NH Registered Youth Apprenticeship involves actual work including earnings. These programs are approved through a separate process. Please contact Jack Jarvis at the Department of Labor at 603-271-6297, or Jill Houser at the Bureau of Apprenticeship and Training at 603-225-1444 for information regarding these paid experiences. Or, visit the State's apprenticeship website. A cooperative work experience is a structured method of instruction whereby students parallel their high school or post-secondary studies with paid employment in a field related to their academics or occupational objectives. The terms of the cooperative agreement are addressed in the Memorandum of Understanding. This two-page document requires information and signatures from faculty members, the student, parent and employer. The NH Departments of Education and Labor also provide approval. School Faculty From State of New Hampshire: Practices in Work-Based Learning Faculty members who participate in work-based learning activities on-site with business partners are protected under the workers' compensation laws of New Hampshire (this is an extension of their job as a member of the faculty within the school district). Again, we encourage teachers to be involved in these work-based learning activities and recommend they experience these opportunities to better apply the academics in the classroom to business and community environments. The business partner is not liable for workers' compensation coverage when a faculty member participates in activities on-site. This is strictly the responsibility of the school district.
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New Hampshire Insurance and Liability Issues