Compulsory Workplace Safety and Loss

Compulsory Workplace Safety and Loss Consultation Program

  

A. Description of Program & Eligibility

New York State Legislation requires that all insureds whose annual New York payroll exceeds $800,000 and whose most recent experience rating exceeds 1.20 implement an approved safety and loss prevention program. The Rating Board is responsible for notifying all employers who meet the eligibility criteria that they are required to undergo a safety and loss prevention consultation. The New York State Department of Labor has statutory oversight and compliance responsibility for the program.

 

B. Employer Requirements

If you are identified for participation in this program, and notified in writing by the Rating Board, you are required to do the following:

  1. Arrange for a safety evaluation within thirty days following receipt of the notification by the Rating Board.
  2. Notify your insurance carrier and the Department of Labor, in writing, within ten days following the arrangement of a safety evaluation noted in (1.) above, of the means by which the evaluation is to be accomplished.
  3. Have the evaluation completed by a certified safety consultant and a written report submitted to you within seventy-five days after notification by the Rating Board.
  4. Implement all required remediation as recommended in the evaluation report no later than six months after receiving the report.

 

C. Penalty

Failure to comply with this program will result in increased charges to the employer’s workers compensation premium.

 

D. Carrier Requirements
  1. The employer’s carrier must inspect the employer’s facilities no later than sixty days from the expiration of the six months allotted for completion of any remediation.
  2. The carrier must provide the employer and the Department of Labor with a copy of its inspection report within forty-five days after completing its inspection.

 

E. List of Approved Safety Consultants and Other Program Information
  1. List of Consultants who are certified to perform the required Safety and Loss Prevention Consultation, as well as specific instructions, contact information and guidelines regarding program compliance can be found on the New York State Department of Labor website at: http://www.labor.ny.gov/WSLPIP.html
  2. Further, information or specific questions regarding this program can also be obtained from Ms. Megan Beauchemin, New York State Department of Labor, Workplace Safety Program, Division of Safety and Health, State Office Building Campus, Building #12, Room 168, Albany, New York 12240, at (518) 485-9766 or at megan.beauchemin@labor.ny.gov