Print How does an employer apply for Code Rule 60? Qualification and Application Process Industrial Code Rule 60 (ICR 60) Workplace Safety and Loss Prevention Incentive Program (WSLPIP) is a voluntary program, but the employer must meet certain qualifications established by the law. To be eligible to participate in the Code Rule 60 Program an employer must meet ALL of the following conditions to qualify: have an annual workers’ compensation premium of at least $5,000 be experience rated have a most recent experience rating that is under 1.30 not be in a NYSIF safety group be in full compliance with Code Rule 59 if previously cited have a written safety program that meets the criteria of WSLPIP. Program Development and Implementation An employer who meets the qualifications can apply for a credit after implementing one or more of the following programs: Safety Program Drug and Alcohol Prevention Program and/or Return to Work Program Employers may use their own resources to build a program, or may adapt a model program to their needs. In addition, the employer may choose to employ a specialist or New York State Department of Labor (DOL) staff help build and implement a compliant program. Employers who already have one of the above programs, may apply for the incentive credit. Regardless of how the program is created and put in place, it must meet the standards outlined in ICR 60. Credits are granted per workers’ compensation policy. Therefore, the program must serve all workers covered by the policy for which the employer has applied for a credit. Return to Top Requesting an Evaluation The employer must put WSLPIP into practice. Then, the program(s) must undergo an evaluation. This takes place before the employer can apply for the incentive. If the employer has more than one WSLPIP, all programs can be evaluated at one time. An evaluation must be done by a certified specialist or DOL staff. Go to http://www.labor.ny.gov/workerprotection/safetyhealth/Links/CR%2060%20Incentive%20Pg.shtm for a list of certified specialists and a form to request an evaluation. The specialist will complete and submit an evaluation report to the employer. The employer must send a copy of the evaluation report to DOL, with the incentive application. Evaluations done by DOL staff will be billed at $100 per hour. DOL will charge a maximum evaluation fee of $300 for each program if you are a small employer. An employer is considered a small employer if their annual premium is less than $50,000. If an employer hires DOL staff to do the evaluation, the employer’s application fee will be included in the evaluation fee. Private specialists may set their own fees. Return to Top Applying for the Incentive The employer must complete the WSLPIP Application for Approval (SH 927). If the employer’s business is covered by more than one workers’ compensation policy, the employer must submit an application for each policy for which a credit is sought. The employer must submit the application form with: the specialist’s evaluation report a copy of the final and operative program plan and associated documents a description of how the program was put into practice, and the application fee of $100. The application is due no later than 120 days prior to the employer’s annual workers’ compensation policy renewal date. The employer must send a copy of the application to the employer's workers’ compensation carrier when applying. Return to Top The Certificate of Approval Once DOL approves an employer’s application, DOL will send the employer a Certificate of Approval. The employer will receive a certificate for each program. The approval period is three years. The approval period begins on the first day of the next policy period. This is the next policy period after the issue date of the certificate. Return to Top Notification Requirements Employers must send a copy of the Certificate(s) of Approval to their workers’ compensation carrier in a timely manner. If the employer fails to send a copy to the workers’ compensation carrier, the employer will not receive incentive credit. The employer must post copies of the certificate(s) in each location covered by the workers’ compensation carrier. Return to Top Annual Report The employer must submit an Annual WSLPIP Report to receive the incentive credit in the second and third year of the three-year approval period. This report is due 90 days after the annual policy renewal date. DOL will review the Annual WSLPIP Report. Once it is approved, DOL will send the employer a notice of review and approval. Employers must send this notice to their workers’ compensation carrier in a timely manner. Return to Top Renewal Employers can renew their incentive credits for additional three-year approval periods. The employer must submit a renewal application, due at the end of the current three-year approval period. Employers should apply for renewal no later than 90 days before their annual policy renewal date. The renewal application must include an Annual WSLPIP Report. The employer must complete this report using data from the first six months of the third year of the current approval period. Employers must send a copy of the renewal application to their workers’ compensation carrier at the time they apply. Again, once DOL approves the employer’s application, DOL will send the employer a Certificate of Approval. The employer will receive a certificate for each program. Employers must send a copy of the Certificate of Approval(s) to their workers’ compensation carrier in a timely manner. Incentive credits will not be applied if the employer fails to send the required copies. Renewals are approved for a three-year period. The employer must follow the Annual WSLPIP Report process above to continue to get the credit for the second and third year of the renewal approval period. Return to Top Monitoring DOL has the responsibility to monitor any approved program. Monitoring may include: responding to complaints site visits discussion with employee representatives, and review of records and documents. For more information on the CR60 program, contact: New York State Department of LaborWorkplace Safety and Loss Prevention Program State Office Campus, Building 12, Room 167Albany, New York 12240 TEL: (518) 457-1638FAX: (518) 457-1167 NYSIF policyholders may contact: WSLPIP Program Information Patricia ReganNew York State Insurance Fund199 Church Street, 7th FloorNew York, New York 10007 TEL: (212) 587-5262 FAX: (212) 312-9926 e-mail: CR60info@nysif.com Return to Top Incentive Credit Information: Sam RajuNew York State Insurance Fund199 Church Street, 7th FloorNew York, New York 10007 TEL: (212) 587-7525 FAX: (212) 587-4858 e-mail: CR60credit@nysif.com Return to Top