(1) Any increased costs associated with a failure by an employer to comply
with a requirement of this Chapter can be taken into account (in conformity
with the requirements of this Act with respect to the determination of
premiums) in the calculation of a claims experience factor for the employer
for use in the determination of the premium payable for an insurance policy by
the employer.
(2) The regulations may make provision for or with respect to
the payment by an employer who fails to comply with a requirement of this
Chapter of an amount by way of a premium surcharge.
(3) The amount of any
such premium surcharge payable under the regulations need not be referable to
any increase in costs attributable to or associated with the employer's
failure to comply.
(4) The amount of a premium surcharge payable under the
regulations is to be added to, and becomes payable as part of, the premium
payable by the employer for the issue or renewal of a policy of insurance as
provided by the regulations.
(5) It is a condition of any policy of insurance
issued under the 1987 Act that the employer must comply with the requirements
of this Chapter, but only if the insurer has taken appropriate steps to ensure
that the employer is made aware of those obligations.