N.Y. WKC Law § 134 — New York Code / Act WKC / Article 7 / Section 134
Workplace safety and loss prevention program; certification of safety and loss management specialists
Status: in_force

§ 134. Workplace safety and loss prevention program; certification of\nsafety and loss management specialists. 1. The commissioner of labor, in\nconsultation with the superintendent of financial services and the chair\nof the board shall develop a compulsory workplace safety and loss\nprevention program for all employers whose most recent annual payroll is\nin excess of eight hundred thousand dollars and whose most recent\nexperience rating exceeds the level of 1.2. The commissioner of labor\nshall promulgate rules and regulations for the implementation of safety,\ndrug and alcohol prevention, and return to work incentive programs.\n  2. The commissioner of labor shall provide written notification to\nemployers whose most recent annual payroll is in excess of eight hundred\nthousand dollars and whose most recent experience rating exceeds the\nlevel of 1.2 that they are required to undergo a workplace safety and\nloss prevention consultation and written evaluation. Copies of the\nwritten notification shall be provided to the department of labor and\nthe employer's insurer. The employer must arrange for the consultation\nand evaluation within thirty days after receiving the notification and\nmust within ten days thereafter notify its insurer and the department of\nlabor in writing of the means by which the evaluation is to be\naccomplished. The employer must provide its insurer and the department\nof labor with a copy of the evaluation within thirty days after\nreceiving it from the safety and loss consultant. Any remedial action\nrecommended in the evaluation must be implemented by the employer within\na reasonable period of time, but not to exceed six months after the\nemployer receives the evaluation. The insurer, within sixty days after\nthe expiration of such six month period, shall conduct an inspection to\nascertain whether the recommended remedial action has been implemented,\nand the insurer shall within forty-five days thereafter provide to the\nemployer and the department of labor a copy of its inspection report.\n  3. If the employer does not arrange for a consultation and evaluation\nor fails to implement recommended remedial action within the times\nprescribed, the insurer shall surcharge the employer's manual rate\npremium by .05 for the next ensuing policy period, and so long as\nnon-compliance continues there shall be an additional .05 surcharge for\neach year thereafter of non-compliance. An employer may challenge an\ninsurer's determination that the employer has not taken the recommended\nremedial action by appeal to the department of labor on notice to the\ninsurer. The department of labor shall thereafter conduct an independent\ninspection and its determination of compliance or non-compliance shall\nbe final. However, such appeal may not be entertained if the employer\nhas not paid its billed premium including any surcharge thereof.\n  4. Employers required to participate in the workplace safety and loss\nprevention program established by this section shall be permitted to\nutilize the services of either the department of labor, or a private\nsafety and loss consultant which has been certified by the department of\nlabor. Private safety and loss consultants may charge employers a fee\nfor their services.\n  6. Safety, drug and alcohol prevention, and return to work incentive\nprograms. Employers insured through the state insurance fund (except\nthose who are current policyholders in a recognized safety group) or any\nother insurer that issues policies of workers' compensation insurance,\nshall be eligible for a credit in workers' compensation insurance\npremiums if they:\n  a. pay annual workers' compensation insurance premiums of at least\nfive thousand dollars; and\n  b. maintain an experience rating of under 1.30 for the year preceding\nand the years in which the credit has been applied for provided that no\ninsured required to implement a safety program pursuant to subdivision\none of this section shall be eligible for a premium credit under this\nsubdivision; and\n  c. implement any of the following:\n  (1) a safety incentive plan, that has been recommended by a safety and\nloss management specialist after such specialist has been certified by\nthe commissioner of labor, or if such plan otherwise conforms to\nregulations promulgated by the commissioner of labor;\n  (2) a drug and alcohol prevention program that conforms to regulations\nissued by the commissioner of labor, in consultation with the office of\nalcoholism and substance abuse services; and\n  (3) a return to work program that conforms to regulations issued by\nthe commissioner of labor.\n  The credit for each such program shall be established by regulations\nissued by the superintendent of financial services. Such regulations\nshall include provisions for recertification on an annual basis.\n  7. An individual self-insured employer shall be eligible for a\nreduction in the security deposit provided for in subdivision three of\nsection fifty of this chapter, and a member of a group shall be eligible\nfor a credit against their contributors if such credit is authorized by\nthe chair and in accordance with limitations set by the chair, if such\nemployer has implemented any or all of the following: a. a safety\nincentive plan that has been recommended by a safety and loss management\nspecialist after such specialist has been certified by the commissioner\nof labor or if such plan otherwise conforms to regulations promulgated\nby the commissioner of labor;\n  b. a drug and alcohol prevention program that conforms to regulations\nissued by the commissioner of labor, in consultation with the office of\nalcoholism and substance abuse services; and\n  c. a return to work program that conforms to regulations issued by the\ncommissioner of labor.\n  The credit for each program shall be no greater than established by\nregulations issued by the superintendent of financial services or such\nlesser amount as determined by the chair of the board to be necessary to\nassure that the deposit remains sufficient to secure the employer's\nliability to pay the compensation provided in this chapter. The chair,\nin consultation with the superintendent of financial services, shall\nadopt regulations which provide for recertification on an annual basis.\n  8. The commissioner of labor shall: (i) receive and review\napplications from applicants for certification as safety and loss\nmanagement specialists; and (ii) certify persons as safety and loss\nmanagement specialists; and (iii) revoke certification of safety and\nloss management specialists for just cause.\n  9. The commissioner of labor shall monitor all safety incentive plans\nimplemented by employers. As part of this responsibility, the board\nshall insure that employee representatives are involved in the\ndevelopment of such plans through meetings and discussions with the\nrespective certified safety and loss management specialist.\n  10. The commissioner of labor, in consultation with the superintendent\nof financial services, shall promulgate rules and regulations for the\ncertification of safety and loss management specialists. Such rules and\nregulations shall include provisions that outline the minimum\nqualifications for safety and loss management specialists, procedures\nfor certification, causes for revocation or suspension of certification\nand appropriate administrative and judicial review procedures, and\nviolations and penalties for misuse of certification by certified safety\nand loss management specialists.\n