NY Work Comp L § 71 (2021)
2021 New York Laws WKC - Workers' Compensation Article 5 - County Self-Insurance Plan 71 - Accrual of Liabilities.

§  71.  Accrual of liabilities. 1. Notwithstanding any other provision   of this article, a county may by local law provide for the operation  of   a  plan  on  an  accrued  liability  basis  whereby  amounts  charged to   participants  shall  be  based  on  the  estimated  total  liability  of   participants  actuarially computed, arising each year. A county also may   by local law provide for the operation of a plan on an experience rating   basis, whereby amounts charged to participants  shall  be  based  either   partially  or  totally  on  the  past  liability of participants.   Once   adopted, an accrued liability basis or an experience rating basis  shall   not thereafter be discontinued.2.  If  a  county  elects  to operate its plan on an experience rating   basis, the chief elected  official  of  such  county  shall  create  and   appoint  a  labor-management  safety  committee.  The  purposes  of  the   committee shall be to educate public employees of the plan  participants   in  proper  health  and  safety  procedures  in  the  work places of the   participants,  and  to  design  such  additional  programs  as  may   be   appropriate  to  the  development  of  a  safe  working  environment  in   participants' facilities and job sites. The committee  shall  accomplish   these  purposes by establishing and maintaining such employee safety and   health  programs  as  it  deems  appropriate  and  by  publicizing   the   availability  of such programs. The purposes and powers of the committee   may be expanded by the county by adopting rules and regulations pursuant   to section sixty-five of this chapter.3. The committee, which  shall  be  appointed  by  the  chief  elected   official, shall be comprised of an equal number of employer and employee   representatives  consisting  of  not  less than three nor more than five   representatives each of the employer and of the employees, respectively.   The participants in the plan shall submit to the chief elected  official   a list of candidates for the labor-management safety committee. In cases   in  which  employee  organizations  recognized or certified to represent   employees of the participants pursuant to article fourteen of the  civil   service  law  exist, such recognized or certified employee organizations   shall submit a list of  employee  candidates  for  the  labor-management   safety  committee  to  the  chief  elected  official.  The chief elected   official shall create the committee from  the  lists  of  candidates  so   submitted.  The  chief  elected  official,  or person designated by him,   shall act as the chairperson of the committee, but shall not be entitled   to vote on any committee business. The members of  the  committee  shall   serve  without  salary,  but  shall  be  entitled  to  reimbursement for   reasonable and necessary expenses incurred in the performance  of  their   official  duties  pursuant  to this section. The committee shall meet at   least four times a year, with at least  one  meeting  in  each  calendar   quarter.  The  chairperson shall designate the dates of the meeting, and   shall give at least ten days written notice to each committee member  of   each meeting. The costs and expenses of the committee and its health and   safety programs shall be an administrative expense of the plan.4.  A  recognized  or  certified  employee  organization  may  file  a   grievance in writing with the  chief  elected  official  of  the  county   alleging  that the county is not complying with subdivision two or three   of this section. The grievance shall designate in detail the particulars   in which the employee organization alleges  the  county  has  failed  to   comply with either or both such subdivisions. The chief elected official   shall answer the grievance in writing within fifteen days of its filing.5.  If  such answer is unsatisfactory to the employee organization, or   is not received by the employee  organization  within  fifteen  calendar   days,  then  the  employee  organization  may  submit  the  grievance to   arbitration. In such event the employee organization  shall  request  in   writing  a list of three arbitrators from the nearest regional office of    the American arbitration association. The association shall compile  and   send  a  copy  of  such  list  to  each party. Each party shall rank the   arbitrators in order of decreasing preference  from  one  to  three  and   shall  return the marked list within ten calendar days of receipt to the   regional office of the American arbitration association from  which  the   list was requested. Such office shall then determine the arbitrator most   acceptable to both parties.6.  The arbitrator selected shall hear arguments from both parties and   from such additional witnesses as  the  arbitrator  deems  necessary  to   assist  in  rendering a decision. Within thirty days of such hearing the   arbitrator shall render a decision which shall be final and  binding  on   both parties.