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.
N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 59-1.7