reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 56 - Asbestos › Subpart 56-11 - Special Projects Section › Section 56-11.5 - Controlled demolition with asbestos in place

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Air sampling and analysis. Air sampling
					 and analysis on an asbestos project conducted under this section shall be
					 conducted in accordance with the requirements of Subpart 56-4 of this Part.
(1) In addition to the requirement of section
					 56-4.9(b)-(c) 
					 of this Part, air monitoring within the work areas shall be conducted daily
					 during abatement and cleaning activities. If more than one shift daily is
					 required to accomplish the work, air monitoring within the work area during
					 abatement shall be performed on each shift, preferably at mid-shift
					 timing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 56 - Asbestos › Subpart 56-11 - Special Projects Section › Section 56-11.6 - Exterior project removal of non-friable acm roofing, siding, caulking, glazing compound, transite, tars, sealers, coatings, and other nob acms

Current through Register Vol. 46, No. 28, July 10, 2024
The following Phase II abatement procedures shall apply
						for exterior removal of non-friable asbestos-containing roofing, siding,
						caulking, glazing compound, transite, tars, sealers, coatings, and other NOB
						ACMs, currently in a non-friable intact condition, unless the ACM is rendered
						friable during removal or debris falls within the building/structure. The
						asbestos project shall then be completed in accordance with all requirements of
						this Part, except special project of this Subpart.
(a) Air sampling and analysis. Air sampling
					 and analysis on asbestos projects conducted under this section is not required
					 unless the ACM is rendered friable during removal or debris falls inside the
					 building/structure. Air sampling and analysis shall then be conducted in
					 accordance with the requirements of Subpart 56-4 of this Part.
(b) Regulated abatement work area
					 preparation.
(1) Establishment and isolation
					 of regulated abatement work area. The immediate work area shall be considered
					 to be the area from which the asbestos containing materials are actively being
					 removed. The asbestos project regulated abatement work area shall extend 25
					 feet from the perimeter of the immediate work area and shall have signage in
					 accordance with section
					 56-7.4 
					 of this Part. An airlock shall be required at the entrance to the regulated
					 abatement work area to serve as a changing area, if the workers shall have to
					 pass through enclosed publicly occupied space, such as from a roof through an
					 interior stairway, to access the decontamination units.
(i) Where the asbestos project regulated
					 abatement work area extends outward 25 feet and extends downward one floor to
					 encompass a passage or vehicular door which must be used for either a primary
					 entrance or by an emergency vehicle thereby precluding sealing such door, a
					 tunnel structure (with sides and roof) built of plywood sheeting, covered with
					 at least two layers of at least six mil plastic, shall extend outward 25 feet
					 horizontally from the line of vertical projection of the roof edge downward to
					 grade level.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 56 - Asbestos › Subpart 56-11 - Special Projects Section › Section 56-11.7 - Non-friable flooring and/or mastic removal

Current through Register Vol. 46, No. 28, July 10, 2024
The following Phase II abatement procedures shall apply
						for removal of non-friable asbestos- containing flooring and/or mastic
						materials including cove base and associated mastic. (Note: Full work area
						preparation, attached decontamination system enclosures, abatement and multiple
						cleanings per this Part are required for beadblaster use or other abrasive
						abatement method.)
(a) Air sampling
					 and analysis. Air sampling and analysis on an asbestos project conducted under
					 this section shall be conducted in accordance with the requirements of Subpart
					 56-4 of this Part.
(b) Regulated
					 abatement work area preparation.
(1)
					 Establishment of regulated abatement work areas. Each regulated abatement work
					 area shall be established and signage posted as per the requirements of section
					 56-7.4 
					 of this Part. Each regulated abatement work area shall remain vacated except
					 for certified workers until satisfactory clearance air sampling results have
					 been obtained or the asbestos project is complete.
(2) Preliminary preparation. Regulated
					 abatement work area preparation shall also comply with sections
					 56-7.1
					 through
					 56-7.10 
					 of this Part, except that six air changes per hour are required within the work
					 area.
(3) Critical and isolation
					 barriers. Prior to the placement of critical and isolation barriers, affected
					 surfaces shall be pre-cleaned using HEPA-filtered vacuum equipment and wet
					 cleaning methods. All critical and isolation barriers shall be installed as per
					 section
					 56-7.11(a)-(b) 
					 of this Part and all seams of HVAC or other system components that pass through
					 a regulated abatement work area shall be sealed prior to beginning Phase II B
					 work for each regulated abatement work area on the project. The critical and
					 isolation barriers shall be removed only after satisfactory clearance air
					 sampling results have been obtained.
(4) Removal of mounted objects and elevator
					 isolation. Regulated abatement work area preparation shall also comply with
					 section
					 56-7.11(c)-(d) 
					 of this Part.
(5) Plasticizing. The
					 ceiling, walls and floor need not be plasticized as per section
					 56-7.11(e) 
					 of this Part for manual or chemical removal methods.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 56 - Asbestos › Subpart 56-12 - Miscellaneous › Section 56-12.1 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof
						to any person or circumstance is held invalid, such invalidity shall not affect
						other provisions or applications of this Part which can be given effect without
						the valid provisions or applications and to this end the provisions of this
						Part are declared to be severable.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 56 - Asbestos › Subpart 56-12 - Miscellaneous › Section 56-12.2 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
The failure by any person or entity performing work on or
						in connection with an asbestos project, to comply with the terms and conditions
						of any general or specific variance issued pursuant to article 2, section 30  of the
						Labor Law, from this Part, article 30 of the Labor Law, or any other applicable
						statutes, rules or regulations, shall constitute a violation of this section
						and shall render the variance itself null and void in regard to such project.
						Non-refundable fees for variance processing shall be set forth in article 2,
						section 30  of the
						Labor Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 56 - Asbestos › Subpart 56-12 - Miscellaneous › Section 56-12.3 - Applicable variances (avs)

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of issuance of applicable variances under this
						Part, article 30 of the Labor Law or other applicable sections of State law,
						shall be published in the State Register and indexed by subject matter and
						number. Single copies of such variances may be obtained from the local district
						office of the Asbestos Control Bureau.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 56 - Asbestos › Subpart 56-12 - Miscellaneous › Section 56-12.4 - Right of entry

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner or officers and employees of the
						department shall at any time, from commencement to completion of any asbestos
						project, have the right to enter any part of such project, or at another time
						for complaint investigation. Refusal to permit such entry may result in
						application of appropriate penalties set forth in statute and code including
						enjoining further work on the project.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 57 - High Voltage Proximity › Section 57.1 - Title and citation

Current through Register Vol. 46, No. 28, July 10, 2024
Within and for the purposes of the Department of Labor,
					 this Part (rule) may be known as Industrial Code Rule No. 57, relating to
					 hazards to untrained persons working or moving materials or equipment in
					 proximity to high-voltage power lines. It may be cited as Code Rule 57 High
					 Voltage Proximity as an alternative and without prejudice to its designation
					 and citation established by the Secretary of State.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 57 - High Voltage Proximity › Section 57.2 - Purpose and intent of part (rule)

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Legislative findings. The Legislature has
				  found that untrained persons working or moving materials or equipment in
				  proximity to high-voltage power lines are endangered in the absence of suitable
				  precautions, and that the quality of electrical service is likewise endangered
				  by the absence of such precautions.
(b) Purpose and intent. It is the purpose and
				  intent of this Part (rule) to reduce the risks to untrained persons working or
				  moving materials or equipment in proximity to high-voltage power lines, and to
				  help insure the quality of electrical service by requiring compliance by said
				  persons with certain procedures that will insure reasonable protection to said
				  persons and to the high-voltage power lines in proximity to work locations or
				  where materials or equipment are moved.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 57 - High Voltage Proximity › Section 57.3 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
				  (rule) shall apply throughout the State of New York to any employer, any agent
				  of an employer who supervises employees, self-employed individuals, independent
				  contractors having no employees and homeowners, subject to the exceptions set
				  forth in subdivision (b) of this section.
(b) The provisions of this Part (rule) shall
				  not apply to:
(1) the construction,
				  reconstruction, operations, and maintenance of overhead electrical conductors
				  and their supporting structures and associated equipment by authorized and
				  qualified electrical workers;
(2)
				  the authorized and qualified employees of any person engaged in the
				  construction, reconstruction, operation, and maintenance of overhead electrical
				  circuits or conductors and their supporting structures and associated equipment
				  of rail transportation systems or electrical generating, transmission,
				  distribution, and communication systems; and
(3) motor vehicle transportation across or
				  along a public road or highway where the combined vehicle and load is not at
				  such time in excess of 131/2 feet high and 13 feet wide.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 57 - High Voltage Proximity › Section 57.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in or in connection with this Part (rule) the
					 following terms shall mean:
(a)
				  High-voltage lines. Electrical conductors installed aboveground and having a
				  voltage differential in excess of 600 volts between any pair of conductors or
				  between any conductor and ground. In the case of alternating current, the
				  voltage shall be measured in R.M.S. value. All high-voltage lines shall be
				  considered as energized high-voltage lines until assurance has been given that
				  they are otherwise by qualified representatives of the owners or persons in
				  charge of such lines.
Exception:This definition shall not include approved
					 armored cable used to supply power to portable equipment and insulated power
					 cables enclosed in approved metallic raceways.
(b) Dangerous proximity. As defined in Labor
				  Law, section
				  202-h, dangerous proximity shall be the
				  distance within 10 feet of high-voltage lines, or within such greater distances
				  as are set forth in the 1990 edition of the regulations of the United States
				  Occupational Safety and Health Administration (29 CFR parts 1910 and 1926), the
				  New York Industrial Code (12 NYCRR Part 23) and the National Electrical Safety
				  Code, 1990 edition, published by the American National Standards Institute, 11
				  West 42nd Street, New York, NY 10036.
(c) R.M.S. value. The greatest effective
				  difference of potential between any two conductors of the circuit
				  concerned.
(d) Prohibited activity.
				  The operation, erection, transportation, handling, or storage of any tools,
				  machinery, equipment, supplies, material or apparatus, or the moving of any
				  building, if in the course of such operation, erection, transportation,
				  handling, storage or moving of such objects it is possible to come within
				  dangerous proximity of a high-voltage line.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 57 - High Voltage Proximity › Section 57.5 - Precautionary action

Current through Register Vol. 46, No. 28, July 10, 2024
No individual covered by the provisions of this Part (rule)
					 shall engage in, or require a person employed by him/her to engage in any
					 prohibited activity unless precautionary action has been taken to protect
					 against the danger from contact with a high-voltage line, either by
					 de-energizing such high-voltage line and grounding it where necessary, or by
					 other effective methods or devices which have been approved in advance for the
					 particular case and for the particular location by the owner or persons in
					 charge of such high-voltage lines.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 57 - High Voltage Proximity › Section 57.6 - Employee information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Before
				  allowing any employee to engage in prohibited activity, employers subject to
				  the provisions of this Part (rule) shall:
(1)
				  advise such employee of the dangers inherent in the operation, erection,
				  transportation, handling, storage or moving of any tools, machinery, equipment,
				  supplies, materials, apparatus or building in dangerous proximity to
				  high-voltage lines;
(2) highlight
				  precautions which are to be taken prior to or in conjunction with engaging in
				  such prohibited activity;
(3)
				  encourage employees to communicate with and advise employers or their
				  supervising agents of conditions which would involve precautionary action by
				  the employer as required under section
				  57.5  of this
				  Part (rule).
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 57 - High Voltage Proximity › Section 57.7 - High-voltage line proximity procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any site where any person or equipment
				  may possibly come within dangerous proximity of a high-voltage line, such
				  approach shall not be made until the following procedure has been complied
				  with:
(1) The employer, contractor or other
				  person making such approach or who is responsible for such activity, shall
				  promptly notify the owner or person in charge of such high-voltage line in
				  writing at least five normal work days before such approach is to be made. If
				  the notification is made by regular mail, three extra days notice shall be
				  given.
Exception:In any emergency situation involving imminent
					 danger to the life, health or safety of any person, the person responsible for
					 such activity is not required to comply with this provision.
(2) Within three normal working days
				  following the receipt of such written notice, the owner or person in charge of
				  the high-voltage line shall respond to the person making such approach or who
				  is responsible for such activity of the procedure to be followed prior to
				  performing any work in dangerous proximity to such high-voltage line.
(3) The owner or person responsible for the
				  high-voltage line shall perform all necessary precautionary actions to be taken
				  to protect against the danger from contact with such high-voltage line, either
				  by de-energizing such high-voltage line and grounding it where necessary, or by
				  approving in advance other effective methods or devices for the particular
				  cases and for the particular locations.
(4) The employer, contractor or other person
				  responsible for the activity within dangerous proximity of such high-voltage
				  line shall be responsible for all costs incurred in connection with such
				  precautionary action including determining what precautionary measures are
				  necessary and preparations for implementing them whether or not such
				  precautionary measures are actually implemented.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 57 - High Voltage Proximity › Section 57.8 - Warning signs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The owner,
				  agent, lessee, bailee, user, or employer responsible for the operations of
				  equipment capable of coming within dangerous proximity of a high-voltage line
				  in the course of its operation, shall post and maintain in plain view of the
				  operator on each piece of such equipment, an approved durable warning sign
				  legible at a distance of 12 feet. Every such warning sign shall bear the
				  following legend in black letters on a yellow background:
DANGER
Unlawful To Operate Any Part
Of This Equipment Within 10 Feet Of
High-Voltage Lines
(b) All posted warning signs shall specify
				  the actual distance by which the term "dangerous proximity" is defined for the
				  particular case and location to which this Part (rule) applies.
(c) Additional warning signs shall be placed
				  on various parts of the equipment and at the work site providing similar
				  warnings to others in the vicinity of the high-voltage lines.
(d) If for any reason and for any time
				  period, the operator of the equipment is unable to assess visually the
				  clearance of the equipment from overhead high-voltage lines, a second person
				  shall be designated to observe the clearance and provide timely warning to the
				  equipment operator.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 57 - High Voltage Proximity › Section 57.9 - Civil penalty

Current through Register Vol. 46, No. 28, July 10, 2024
Any person violating any of the provisions of this section
					 shall be liable for a penalty of not less than $100 nor more than $1,000 to be
					 collected in a civil action by a summary proceeding. Any violation of this
					 section by an officer, agent or employee shall be a violation by the employer
					 if such employer had knowledge of and actual control over the cause of such
					 violation. Where the violation is of a continuing nature, each day during which
					 it continues shall constitute an additional, separate and distinct
					 offense.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 57 - High Voltage Proximity › Section 57.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part (rule) or the application
					 thereof to any person or circumstance is held invalid, such invalidity shall
					 not affect other provisions or applications of this Part (rule) which can be
					 given effect without the invalid provisions or applications and to this end the
					 provisions of this Part (rule) are declared to be severable.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.1 - Title and citation

Current through Register Vol. 46, No. 28, July 10, 2024
Within and for the purpose of the Department of Labor,
						this Part (rule) may be known as Industrial Code Rule No. 59, relating to the
						conduct of the Workplace Safety and Loss Prevention Program. It may be cited as
						Code Rule 59 Workplace Safety and Loss Prevention as an alternative and without
						prejudice to its designation and citation established by the Secretary of
						State.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.2 - Purpose and intent of rule

Current through Register Vol. 46, No. 28, July 10, 2024
This rule is intended to set forth the responsibilities
						of employers and workplace safety and loss prevention consultants participating
						in the Workplace Safety and Loss Prevention Program. The Workplace Safety and
						Loss Prevention Program is intended to reduce workplace injuries and result in
						lower workers' compensation costs for employers. Furthermore, it is the purpose
						and intent of this rule to establish procedures which must be followed by
						individuals seeking departmental certification as a workplace safety and loss
						prevention consultant.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.3 - Scope and application

Current through Register Vol. 46, No. 28, July 10, 2024
This rule shall apply to all employers whose most recent
						annual payroll is in excess of $800,000 and whose most recent experience rating
						exceeds the level of 1.2.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart (rule) the following terms
						mean:
(a) Commissioner. The
					 Commissioner of Labor or his/her designee.
(b) Consultant. An individual certified by
					 the Department of Labor as a workplace safety and loss prevention consultant,
					 or, a Department of Labor employee assigned to conduct workplace safety and
					 loss prevention consultations.
(c)
					 Department. The Department of Labor of the State of New York.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.5 - Employer's duties and responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
An employer whose most recent annual payroll is in excess
						of $800,000 and whose most recent experience rating exceeds the level of 1.2
						shall be subject to the following requirements:
(a) Notification.
(1) The employer shall, within 30 days after
					 receipt of written notification from the Compensation Insurance Rating Board or
					 other such rating organization that they are required to undergo a workplace
					 safety and loss prevention consultation, arrange for a workplace safety and
					 loss prevention consultation and evaluation of all subject worksites.
(2) The employer shall, within 10 days after
					 completing arrangements for the required consultation, notify the department
					 and the employer's insurer in writing of the means by which the consultation
					 and evaluation is to be accomplished. The written notice shall include the
					 following information:
(i) the date on which
					 the consultation is scheduled to begin;
(ii) the date by which the consultation must
					 be completed, pursuant to subdivision (b) of this section;
(iii) the name and address of the person(s)
					 performing the consultation service;
(iv) copies of workers' compensation C-2
					 forms for the previous four years; and
(v) the certification number of the
					 consultant if the consultation is to be performed by other than a department
					 employee.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.6 - Insurer responsibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The employer's insurer shall inspect the employer's subject facilities no later
					 than 60 days from the expiration of the six months allotted for completion of
					 the remediation. The purpose of the inspection shall be to evaluate compliance
					 with the consultant's report.
(b)
					 The insurer shall, within 45 days after the completion of the compliance
					 inspection, provide the employer and the department with a copy of its
					 inspection report.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.7 - Compliance

Current through Register Vol. 46, No. 28, July 10, 2024
If the employer does not arrange for a workplace safety
						and loss prevention consultation and evaluation or fails to implement
						recommended remedial action within the times prescribed, the insurer shall
						surcharge the employer's manual rate premium by.05 (five percent) for the next
						ensuing policy period. For each policy period that noncompliance continues, an
						additional.05 (five percent) surcharge shall be charged by the
						insurer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.8 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
An employer may challenge an insurer's determination that
						the employer has not complied with the consultant's recommendations by appeal
						to the department.
(a) Filing. Any
					 employer who wishes to challenge an insurer's finding of noncompliance shall,
					 within 30 days from receipt of the insurance inspector's report, required in
					 section
					 59-1.6(b) 
					 of this Subpart, file a notice of appeal with the department and shall provide
					 a copy to the insurer.
(b)
					 Inspection. The commissioner shall, within 90 days from receipt of the notice
					 of appeal, schedule an inspection and shall inform the employer in writing,
					 with a copy to the insurer, of the determination, and shall set forth the
					 reasons for the determination. Such determinations are final.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.10 - Workplace safety and loss prevention consultation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 employer shall undergo a workplace safety and loss prevention consultation
					 which shall include an analysis of the Workplace Safety and Loss Prevention
					 Program established for that workplace and an on-site hazard survey of the
					 entire workplace.
(b) Such
					 consultation shall be performed by a consultant employed by the department or
					 by a consultant certified by the department.
(c) Any costs incurred during the course of
					 the consultation, such as sampling, laboratory fees and laboratory reports,
					 shall be paid by the employer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.11 - Workplace safety and loss prevention consultant-duties and responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
All consultants performing workplace safety and loss
						prevention consultations for employers under this rule shall comply with the
						following:
(a) Consultants other than
					 those employed by the department shall be certified by the department in
					 accordance with procedures and criteria set forth in this rule.
(b) Consultations conducted by all
					 consultants shall include both a survey of the workplace and an assessment of
					 the employer's Workplace Safety and Loss Prevention Program.
(c) In the case of employers with more than
					 one work site, the consultant shall consider loss and claim information by
					 location in the same manner as he or she would do for an employer with one work
					 site in order to identify hazards which necessitate remediation.
(d) Wherever industrial hygiene sampling is
					 determined to be necessary during the conduct of such consultation, the
					 consultant shall utilize sampling and analytical procedures generally
					 recognized within the hygiene profession, such as but not limited to the
					 Chemical Information Manual OSHA C PL 2-2.43A. All sample analyses must be
					 performed by a laboratory that has been accredited by the American Industrial
					 Hygiene Association or certified by the New York State Health Department
					 Environmental Laboratory Approval Program (ELAP).
(e) The consultant shall include as a part of
					 the overall consultation an opening conference with the employer, and
					 recognized employee representatives, if any, to discuss:
(1) the manner in which the consultation will
					 be conducted;
(2) the information
					 and other assistance which will be required of the employer in order to allow
					 the consultant to perform his/her function;
(3) the involvement of employees or employee
					 representatives in the consultation; and
(4) the sampling which might be required as
					 part of the consultation as well as the sampling protocols which will be
					 utilized.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.12 - Certification of workplace safety and loss prevention consultants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 individual performing a workplace safety and loss prevention consultation for a
					 participating employer under this rule, other than those consultants employed
					 by the department for this purpose, shall be certified by the
					 department.
(b) In order to be
					 eligible for certification, individuals must possess the following
					 qualifications:
(1) certification as a
					 certified safety professional (CSP) granted by the Board of Certified Safety
					 Professionals (BCSP);
(2)
					 certification as a certified industrial hygienist (CIH) granted by the American
					 Board of Industrial Hygiene (ABIH);
(3) certification as a certified safety
					 executive (CSE), certified safety manager (CSM), or certified safety specialist
					 (CSS) granted by the World Safety Organization;
(4) New York State license as a professional
					 engineer, with five years of documented professional safety and health
					 experience within the last eight years prior to the filing of the application
					 for certification;
(5) a Bachelor
					 of Science degree in industrial hygiene, safety, occupational safety and
					 health, biology, chemistry, environmental health and science, physics,
					 engineering, or a related field, with five years documented professional safety
					 and health experience within the last eight years prior to the filing of the
					 application for certification deemed acceptable by the commissioner;
(6) eight and one-half years of documented
					 professional safety and health experience deemed acceptable to the commissioner
					 within the last 10 years prior to the filing of the application for
					 certification;
(7) an insurance
					 professional with qualifications as an Associate in Loss Control Management or
					 an Associate in Risk Management plus five years appropriate safety and loss
					 prevention experience; or
(8) a
					 department employee designated by the commissioner and in one of the following
					 Civil Service titles: Safety and Health Inspector, Senior Safety and Health
					 Inspector, Associate Safety and Health Inspector, Supervising Safety and Health
					 Inspector, Senior Industrial Hygienist, Associate Industrial Hygienist,
					 Supervising Industrial Hygienist, Principal Industrial Hygienist, Senior Safety
					 and Health Engineer, Associate Safety and Health Engineer or Principal Safety
					 and Health Engineer. Designated department employees are automatically
					 certified.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.13 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this rule or the application thereof
						to any person or circumstance is held invalid, such invalidity shall not affect
						other provisions or applications of this rule which can be given effect without
						the invalid provisions or applications and to this end the provisions of this
						rule are declared to be severable.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 59 - Workplace Safety And Loss Prevention Program › Subpart 59-1 - Workplace Safety And Loss Prevention Regulation › Section 59-1.14 - Applicability of other state and federal regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing contained in this rule shall be read or applied
						in such a manner as to abrogate or otherwise limit the responsibility of an
						employer subject to this rule to comply with all requirements set forth in
						State and Federal safety and health standards to which the employer would
						otherwise be subject, nor shall any provision of this rule be read or applied
						in such a manner as to abrogate or otherwise limit the liability of such
						employer to fines or other penalties to which it would otherwise be subject for
						failure to comply with such rules and regulations.
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 60-1.1 - Title and citation

Current through Register Vol. 46, No. 28, July 10, 2024
Within and for the purpose of the Department of Labor,
						this Part may be known as Industrial Code No. 60. This Part relates to the
						Safety Incentive Program, the Drug and Alcohol Prevention Program and the
						Return to Work Program (collectively referred to as the "Workplace Safety and
						Loss Prevention Incentive Program," or "WSLPIP"). It may be cited as Industrial
						Code Rule 60, the Workplace Safety and Loss Prevention Incentive Program, or
						WSLPIP.
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 60-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the below terms shall have the
						following meaning:
(a) Accommodate. To
					 make a modification or adjustment to a job, to the work environment, or to the
					 standard procedures of the workplace in order to enable an injured worker to
					 perform the essential functions of the job.
(b) Attorney General. The Attorney General of
					 the State of New York or the designee of the Attorney General.
(c) Board. The State of New York Workers'
					 Compensation Board.
(d)
					 Certification. A mechanism for validating an individual's professional
					 knowledge, qualifications, and expertise in the workplace safety, health,
					 environment, return to work, or drug and alcohol prevention fields.
(e) Certified. A designation provided by the
					 commissioner or his or her designee, to an individual possessing the necessary
					 knowledge, qualifications and expertise to evaluate any one or more of the
					 workplace safety and loss prevention incentive programs.
(f) Chair. The Chair of the State of New York
					 Workers' Compensation Board or the designee of the chair.
(g) Commissioner. The commissioner of the
					 Department of Labor of the State of New York or the designee of the
					 commissioner.
(h) Department. The
					 Department of Labor of the State of New York.
(i) Drug and Alcohol Prevention Program. A
					 program containing the elements set forth in section
					 60-1.14 
					 of this Subpart.
(j) Evaluation. An
					 appraisal of a workplace safety and loss prevention incentive program to
					 determine or assess its compliance with this Part, and its potential
					 effectiveness or actual efficacy.
(k) Incentive. A financial benefit that is
					 granted in exchange for implementing one or more approved workplace safety and
					 loss prevention incentive programs(s). The incentive take three forms, based on
					 how an employer is insured.
(1) a credit or
					 credits in workers' compensation premiums provided to insured
					 employers;
(2) a reduction in the
					 security deposit required of individually self-insured employers in accordance
					 with the limitations set by the chair; or
(3) a credit against the contribution of a
					 member of a group self-insurer if authorized by the chair and in accordance
					 with the limitations set by the chair.
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 60-1.3 - Intent and purpose of this rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The intent of this rule is to:
(1) reduce occupational injuries and
					 illnesses in the workplace;
(2)
					 return injured or ill employees to work;
(3) reduce workers' compensation costs for
					 employers; and
(4) encourage and
					 reward employers that have implemented or plan to implement a quality,
					 cost-effective safety incentive program, drug and alcohol prevention program,
					 or return to work program.
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 60-1.4 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employer
					 insured by the New York State Insurance Fund (except for an employer who is a
					 current State Insurance Fund policy holder in a recognized safety group) or by
					 any other authorized insurer that issues policies of workers' compensation
					 insurance shall be eligible for the WSLPIP incentive if:
(1) the employer pays annual workers'
					 compensation insurance premiums of at least $5,000; and
(2) the employer's workers' compensation
					 experience rating is under 1.30 for the year preceding the employer's
					 application to the department and for the year(s) in which the application is
					 made and approved by the department; and
(3) the employer implements any one or more
					 of the following programs that comply with all requirements set forth in this
					 Part:
(i) a safety incentive
					 program;
(ii) a drug and alcohol
					 prevention program; and
(iii) a
					 return to work program.
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 60-1.5 - Evaluation process prior to initial application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 employer has the option to use its own resources to establish a WSLPIP that
					 complies with this Part, adopt a model program deemed by the department to
					 comply with this Part, or use a specialist or the department's personnel to
					 assist in establishing a WSLPIP that complies with this Part. Preexisting
					 programs that meet the criteria established in this Part are eligible for the
					 incentive.
(b) Once the employer
					 has implemented its WSLPIP and chooses to seek an incentive, the employer's
					 WSLPIP shall undergo an evaluation. The specialist's evaluation report made in
					 accordance with section
					 60-1.16 
					 of this Subpart ("Evaluation Report"), shall accompany the employer's
					 application to the department. An employer may use any person who is certified
					 by the department as a specialist or the department's staff to conduct the
					 evaluation.
(c) Programs
					 implemented prior to the establishment of this Part are eligible for the
					 incentive, provided that the programs undergo an evaluation and meet the
					 criteria set forth in this Part.
(d) Repealed.
(e) The evaluation shall be conducted using
					 criteria as set forth by this Part. The department may provide guidance to
					 assist employers on meeting the criteria. Guidance for an acceptable drug and
					 alcohol prevention program will be developed by the department in consultation
					 with the Office of Alcoholism and Substance Abuse Services.
(f) If the employer seeks an incentive for
					 more than one WSLPIP, the employer may undergo an evaluation of all of its
					 programs at the same time in order to minimize costs.
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 60-1.6 - Initial application and approval procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employer
					 must apply to the department to receive an incentive for each WSLPIP on a form
					 and in a manner developed by the department and the application shall contain
					 the information required by subdivision (d) of this section.
(1) An insured employer shall apply to the
					 department no later than 120 calendar days prior to the employer's annual
					 policy renewal date in order to receive the credit for the next annual policy
					 period. The employer shall simultaneously send a copy of the application to the
					 employer's workers' compensation insurer.
(2) An individually self-insured employer
					 shall apply to the department no later than 120 calendar days prior to the end
					 of the calendar year in order to receive a reduction in security deposit for
					 the next calendar year. The employer shall simultaneously send a copy of the
					 application to the board.
(3) For
					 those employers who have an annual policy renewal date that falls between
					 January 1, 2010 and March 3l, 2010 and who have a preexisting program that
					 meets the criteria for any of the three incentive programs set out in these
					 regulations, the department will accept their initial application if postmarked
					 no later than 90 calendar days prior to their annual policy renewal
					 date.