Code Rule 59 Consultation Service

The consultation process involves an opening conference, a closing conference and a consultation report. A remediation period follows during which you have to enact the recommendations made by the consultant. The Code Rule 59 statute includes a detailed timeline that says when each step of the process should be completed.

You must remedy any safety deficiencies noted in the consultant's report, and institute and maintain an effective loss prevention program.

What will I need in order to do the consultation?

What happens at the opening conference?

What happens at the closing conference?

How much time do I have to comply with the consultant’s recommendations?

What will I need in order to do the consultation?

Code Rule 59 requires that the consultant meet with responsible representatives of the cited company, such as the safety director and/or an executive officer, and review certain documents and records, if available. The consultant also will need to interview a person who is familiar with the individual workers’ compensation losses your company has sustained over the past four years and conduct a physical safety survey of your workplace. Some of the items the consultant may want to examine for the opening conference include:

  • Written company safety plans
  • C-2 files for last four years of accidents (Claims Forms/Reports)
  • Internal accident records other than C-2’s
  • Minutes from recent safety committee meetings
  • Employee safety training records for the past three years
  • Material Safety Data Sheets

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What happens at the opening conference?

At the opening conference, the certified safety consultant meets with the representative(s) of your company to explain the Code Rule 59 process. The consultant will review any written safety program and safety records, review your losses, conduct a safety survey of your premises, and make a preliminary assessment of how your company’s safety activities compare to those mandated by Code Rule 59.

After the opening conference, the consultant will complete a thorough review of any safety records and documents you have provided, and formally determine if your current workplace safety activities meet the standards established by the Code Rule 59 law. Your consultant will prepare a written report and arrange a closing conference to review it with you.

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What happens at the closing conference?

Your consultant presents the written report, tells you what the recommendations are and how you can fulfill them. Your consultant will remind you that you are required by law to provide copies of the report to the Department of Labor and to your workers' compensation carrier. A letter must accompany the report detailing how you plan to comply with the consultant’s recommendations.For NYSIF policyholders, copies of the consultant's report, letter and safety program should be sent to:New York State Insurance FundField Services Statewide Services199 Church Street - 7th FloorNew York, New York 10007Attn: Eugene McCarthy

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How much time do I have to comply with the consultant’s recommendations?

If you arrange and complete the consultation according to the timeline, you may have as many as six months in which to comply with the consultant’s recommendations.

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