Workplace Safety & Loss Prevention Program (CR 59)

The Workplace Safety & Loss Prevention Program, part of Governor George E. Pataki's 1996 workers' compensation reforms, was developed to reduce workplace injuries in New York State. Its goals are to improve workplace safety and lower the cost of workers' compensation insurance in New York State. It is also known as the Industrial Code Rule 59 (CR59) Program.

Who must undergo the CR 59 process?

How can NYSIF help?

I received a notification letter. What do I do?

More about the CR 59 consultation…

Who must undergo the CR 59 process?

The law mandates that employers with an experience modification above 1.20 and a payroll in excess of $800,000 retain a certified consultant to perform a CR 59 consultation. Employers receive written notification from the New York Compensation Insurance Rating Board (NYCIRB) that a consultation and evaluation by a certified workplace safety and loss prevention consultant is necessary.

NYSIF provides certified safety consultants at no additional cost to our policyholders. Policyholders can choose to have NYSIF perform the consultation or hire a private firm. The Department of Labor also provides this service for a fee.

NYSIF's service includes an assessment of the employer's workplace safety and loss prevention program, as well as an on-site survey of the workplace. Based on NYSIF's recommendation, the employer must remedy noted safety deficiencies, and institute and maintain an effective loss prevention program.

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How can NYSIF help?

In addition to certified safety consultants who conduct Code Rule 59 consultations, NYSIF has loss prevention specialists to assist you with your remediation and compliance efforts, also at no additional cost. Safety services include safety surveys, safety training presentations, safety posters and industry fact sheets. Your loss prevention specialist will work with you to develop a safety plan to comply with your Code Rule 59 obligations, as well as enhance your overall safety and loss prevention activities.

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I received a notification letter. What do I do?

You received a letter because your experience modification ("mod") is above 1.20 and your gross payroll was more than $800,000 when NYCIRB reviewed your record.

If you've been cited, you need to select a Code Rule 59 certified safety consultant within 30 days of receiving the letter. Then, you must notify the Department of Labor of the consultant's name and certificate number within 10 days of making your selection. If you are a NYSIF policyholder, and choose a non-NYSIF consultant, you must also tell us whom you have chosen. This is your obligation.

In addition to NYCIRB's citation letter, you may receive a courtesy notification from NYSIF. This letter explains your obligations under the Code Rule 59 program, and who to contact at NYSIF and the Department of Labor.