Industrial Code Rule 59 seeks to reduce injuries and illnesses to improve workplace safety and lower workers' compensation insurance costs in New York State. Employers with an experience modification above 1.20 and gross payroll of more than $800,000 must, by law, hire a certified safety consultant to perform an ICR 59 consultation.
If you receive notice from NYCIRB to comply, you have 30 days to select an ICR 59 certified safety consultant. You must notify the New York State Department of Labor of your consultant's name and certificate number within 10 days of making your selection.
Your consultant will prepare a report noting deficiencies in your safety program and recommend ways to correct them. You must implement the consultant’s recommendations within the prescribed remediation period. The law requires you to send copies of the report and a letter detailing how you will comply with the recommendations to the Department of Labor and your workers' compensation insurance carrier.
NYSIF policyholders should send copies of the report and letter to:New York State Insurance Fund
Field Services Statewide Services
199 Church Street - 7th Floor
New York, New York 10007
Attn: Alvin Cooley
NYSIF is required to review your safety program for compliance within 60 days of the end of the remediation period, and notify you and the Department of Labor of your compliance or non-compliance. There are mandatory penalties for non-compliance.
A voluntary program, Industrial Code Rule 60 awards premium credits to employers with annual workers’ compensation premium of at least $5,000 and an experience modification under 1.30 who successfully participate in one or more of the following in accordance with guidelines established by the New York State Department of Labor:
- Safety and Loss Prevention Program
- Drug and Alcohol Prevention Program
- Return to Work Program
NYSIF policyholders in a recognized safety group are not eligible for ICR 60. Employers required to participate in ICR 59 are not eligible for ICR 60 until they have fully complied with ICR 59.