12 CRR-NY 60-1.2NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER I. INDUSTRIAL BOARD OF APPEALS
SUBCHAPTER A. THE INDUSTRIAL CODE
PART 60. WORKPLACE SAFETY AND LOSS PREVENTION INCENTIVE PROGRAM (SAFETY, DRUG AND ALCOHOL PREVENTION, AND RETURN TO WORK INCENTIVE PROGRAMS)
SUBPART 60-1. WORKPLACE SAFETY AND LOSS PREVENTION INCENTIVE PROGRAM (SAFETY, DRUG AND ALCOHOL PREVENTION, AND RETURN TO WORK INCENTIVE PROGRAMS)
12 CRR-NY 60-1.2
12 CRR-NY 60-1.2
60-1.2 Definitions.
As used in this Part, the below terms shall have the following meaning:
(a) Accommodate.
To make a modification or adjustment to a job, to the work environment, or to the standard procedures of the workplace in order to enable an injured worker to perform the essential functions of the job.
(b) Attorney General.
The Attorney General of the State of New York or the designee of the Attorney General.
(c) Board.
The State of New York Workers' Compensation Board.
(d) Certification.
A mechanism for validating an individual's professional knowledge, qualifications, and expertise in the workplace safety, health, environment, return to work, or drug and alcohol prevention fields.
(e) Certified.
A designation provided by the commissioner or his or her designee, to an individual possessing the necessary knowledge, qualifications and expertise to evaluate any one or more of the workplace safety and loss prevention incentive programs.
(f) Chair.
The Chair of the State of New York Workers' Compensation Board or the designee of the chair.
(g) Commissioner.
The commissioner of the Department of Labor of the State of New York or the designee of the commissioner.
(h) Department.
The Department of Labor of the State of New York.
(i) Drug and Alcohol Prevention Program.
A program containing the elements set forth in section 60-1.14 of this Subpart.
(j) Evaluation.
An appraisal of a workplace safety and loss prevention incentive program to determine or assess its compliance with this Part, and its potential effectiveness or actual efficacy.
(k) Incentive.
A financial benefit that is granted in exchange for implementing one or more approved workplace safety and loss prevention incentive programs(s). The incentive take three forms, based on how an employer is insured.
(1) a credit or credits in workers' compensation premiums provided to insured employers;
(2) a reduction in the security deposit required of individually self-insured employers in accordance with the limitations set by the chair; or
(3) a credit against the contribution of a member of a group self-insurer if authorized by the chair and in accordance with the limitations set by the chair.
(l) Monitoring.
Oversight and/or inspection of an approved workplace safety and loss prevention incentive programs conducted by the department to determine whether an approved workplace safety and loss prevention incentive program complies with this Part. Monitoring may include responding to complaints, onsite visits, discussions with employee representatives, including designated employee representatives or the recognized representative of each collective bargaining unit where applicable, and review of all WSLPIP records and documents requested by the department.
(m) Qualified organization.
A business, labor or professional group with expertise in the workplace safety, health, environmental, return to work, or drug and alcohol prevention fields.
(n) Return to Work Program.
A program containing the elements set forth in section 60-1.15 of this Subpart.
(o) Review.
The department's examination of an employer's written application and supporting materials to assess whether the employer's proposed program(s) comply(ies) with this Part.
(p) Safety Incentive Program.
A program containing the elements set forth in section 60-1.13 of this Subpart.
(q) Specialist.
An individual certified by the department to design, or perform evaluations or one or more of the three workplace safety and loss prevention incentive programs.
(r) Superintendent.
The superintendent of the New York State Insurance Department or the designee of the superintendent.
(s) Verification.
A statement made under the penalty of perjury by an authorized agent of an employer on a form provided by the department confirming that representations regarding the employer's workplace safety and loss prevention incentive program are true and accurate, that the employer's program(s) meet(s) the applicable requirements established by this Part, and that the employer agrees to continue to operate the program(s) in accordance with this Part.
(t) Workplace Safety and Loss Prevention Incentive Program (WSLPIP).
A program that meets the requirements of any one or more of the following:
(1) a safety incentive program;
(2) a drug and alcohol prevention program; and, or
(3) a return to work program.
12 CRR-NY 60-1.2
Current through March 15, 2022
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.