New York State Workers Compensation Programs: Compulsory Workplace Safety and Loss Prevention Program (Code Rule 59)

By July 2, 2012 August 22nd, 2018 Uncategorized

The Workplace Safety and Loss Prevention Program (Code Rule 59) was created in 1996 as part of the Regulatory Reform legislation. It requires that an employer undergo a comprehensive safety and loss prevention consultation if they have generated an experience modification rating higher than 1.20 and payroll over $800,000. The objective of this Program is to help reduce workplace injuries to employees covered under the Workers’ Compensation system in New York State.

An employer who meets the criteria for this program will receive a Notice from the New York Compensation Insurance Rating Board. Here are the steps to follow upon receipt:

  1. Select a consultant within 30 days of receipt of original notice. A list of consultants can be located at the Department of Labor website. Use the consultant database search engine to locate one in your area.
  2. Notify the Department of Labor and your Workers’ Compensation insurance carrier, in writing, of consultant choice within 10 days of making your selection.
  3. The evaluation must be completed by the consultant and the findings reported to the employer within 75 days from date of original notice.
  4. You must submit your remediation plan to the Department of Labor and the carrier within 30 days of receiving the consultant report.
  5. The remediation plan must be implemented within 6 months of the employer’s receipt of the evaluation.
  6. The consultant will follow up to see that recommendations have been implemented within 60 days after the maximum six months allotted to complete action items.
  7. The consultant will, within 45 days of inspection, report findings to DOL and the employer.

The Flanders Group has industry specific web portals created to implement the recommendations set forth in the consultant report including:

  • Complete Safety Plans which can be downloaded, edited and modified to fit your specific needs
  • Remediation plan templates
  • Training resources and forms
  • Policy and Program models
  • Safety Checklist
  • Safety Violation Policy
  • Inspections Checklist
  • Safety Rules

For more information about the Code Rule 59 Program contact The Flanders Group today. We will be able to give you resources to teach you how to lower your Experience Modification Factor and control your Workers’ Compensation costs.