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.

NYSIF provides certified safety consultants at no additional cost to our policyholders. Policyholders can choose to have us perform the consultation or they can hire a private firm.

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. 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, such as the safety director and/or an executive officer, of the cited company, 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.  Your NYSIF certified safety consultant will tell you what is needed in your specific case and make an appointment for an opening conference.

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, your NYSIF 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 a copy of the report to the Department of Labor with a letter detailing how you plan to comply with the consultant’s recommendations.

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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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