N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 59-1.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 59-1.5 - Employer's duties and responsibilities

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.

(b) Inspection. The workplace safety and loss prevention consultation shall be completed, and the consultant's written evaluation shall have been received by the employer, within 75 days after receipt by the employer of written notification from the Compensation Insurance Rating Board or such other rating organization that the employer is required to undergo a workplace safety and loss prevention consultation.

(c) Report. Within 30 days after receipt of the completed evaluation from the consultant, the employer shall provide the department and the employer's insurer with a copy of the report. The employer shall include with the report a written statement which shall include the following information:

(1) the means by which any remedial action is to be accomplished;

(2) the expected starting and completion dates for any remedial action; and

(3) the names of the individual(s) and/or organization that will be providing any remediation service.

(d) Remediation. All required remediation shall be implemented within a reasonable period of time but shall not exceed six months from the date the employer receives the completed evaluation from the consultant.

(e) Access to facilities. Any employer subject to this rule shall make available to the consultant, department and employer's insurer all required records, documents, personnel, and facilities required for the consultant to carry out the requirements of this rule.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 59-1.5