New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.15 - Return to work program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 acceptable return to work program facilitates an employee's return to work as
					 soon as medically possible after a job-related injury or illness. A return to
					 work program provides fair and consistent practices for accommodating the needs
					 of employees who have become ill or injured on the job or have sustained a
					 temporary or permanent partial disability covered by the Workers' Compensation
					 Law in order for such employees to make a timely and safe return to work.
					 Nothing in these regulations precludes the employer from extending its return
					 to work program for an illness or injury not covered by the Workers'
					 Compensation Law; however, extending a return to work program to injuries or
					 illnesses not covered by the Worker's Compensation Law will not entitle the
					 employer to an additional Incentive.
(b) Services related to a return to work
					 program may be provided directly by the employer, jointly between the employer
					 and the union, through a union that represents the employer's employees, or
					 through a contract with an outside provider.
(c) To qualify for an incentive, a return to
					 work program shall be in writing and communicated in languages and methods
					 clearly understood by all employees.
(d) An acceptable return to work program
					 shall include, but not be limited to, the following elements:
(1) an employer's statement of commitment to
					 providing safe, gainful, and meaningful employment to employees as soon as
					 medically possible following an on-the-job injury or illness;
(2) a plan for communication with all parties
					 including the injured worker, the treating physician, the collective bargaining
					 representative, if any, and the board, in order to facilitate an employee's
					 return to work. The communication must be made in accordance with applicable
					 privacy laws;
(3) a policy and
					 procedure for returning injured employees to the workplace that is communicated
					 to all employees and collective bargaining representatives in writing and in a
					 timely manner;
(4) policies and
					 procedures that focus on returning the employee to his or her pre-injury
					 employment in a safe and timely manner, and accommodating the needs of that
					 employee concerning a position with the employer, and which do not cause undue
					 hardship on the parties or violate an existing collective bargaining
					 agreement;
(5) a policy and
					 procedure for ensuring the involvement of the injured or ill employee in all
					 aspects of the return to work process;
(6) a policy and procedure for ensuring the
					 involvement of designated representative of employees and/or the recognized
					 representatives of each collective bargaining unit, where applicable, in the
					 return to work program;
(7) a
					 policy and procedure for ensuring that the injured employee's treating
					 physician is given information which will assist in determining the injured
					 worker's ability to return to the pre-injury job, a modified job, or a suitable
					 alternative work assignment at the employer in a timely manner;
(8) a process for the development and
					 implementation of a written individual return to work plan by the employer, the
					 employee, and the designated representatives of employees and/or the recognized
					 collective bargaining representative, where applicable;
(9) a policy to return an injured worker to
					 the pre-injury job as soon as it is medically determined by the treating
					 physician that the employee is capable of performing the essential duties of
					 their pre-injury or pre-illness job;
(10) a policy and procedure to make
					 reasonable efforts to accommodate the employee's work-related injury or illness
					 so that the post-injury job is consistent with an assessment by the worker's
					 treating physician, with the goal of offering the employee alternative suitable
					 and available work that is comparable in nature and earnings to the worker's
					 pre-injury job;
(11) a policy and
					 procedure for referring an employee to a vocational assessment and for
					 providing vocational services if the injured or ill employee cannot safely
					 perform the essential duties of the pre-injury job or a suitable alternative
					 job at the employer;
(12) a
					 procedure for monitoring the employee's progress, recovery, and return to work
					 with notice to the employee's treating physician, and the recognized collective
					 bargaining representative, if any;
(13) strategies for maintenance and promotion
					 of the program;
(14) an evaluation
					 component that includes realistic and measurable criteria to determine the
					 appropriateness and effectiveness of the program and an assessment of employee
					 participation in the program; and
(15) designation of a return to work program
					 contact at the employer for use by employees seeking to participate in the
					 return to work program.