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12 CRR-NY 60-1.4NY-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 60-1.4

60-1.4 Eligibility.

(a) An employer insured by the New York State Insurance Fund (except for an employer who is a current State Insurance Fund policy holder in a recognized safety group) or by any other authorized insurer that issues policies of workers' compensation insurance shall be eligible for the WSLPIP incentive if:

(1) the employer pays annual workers' compensation insurance premiums of at least $5,000; and

(2) the employer's workers' compensation experience rating is under 1.30 for the year preceding the employer's application to the department and for the year(s) in which the application is made and approved by the department; and

(3) the employer implements any one or more of the following programs that comply with all requirements set forth in this Part:

(i) a safety incentive program;

(ii) a drug and alcohol prevention program; and

(iii) a return to work program.

(b) An individually self-insured employer shall be eligible for a reduction in the security deposit as required by subdivision three of section 50 of the Workers' Compensation Law if:

(1) the individually self-insured employer implements any one or more of the following programs that comply with all requirements set forth in this Part:

(i) a safety incentive program;

(ii) a drug and alcohol prevention program; and

(iii) a return to work program.

(c) The employer must comply with the procedures set forth in this Part and with New York State Labor Law and Worker's Compensation Law.

(d) No employer required to implement a mandatory safety and loss prevention program pursuant to section 134(1) of the Workers' Compensation Law is eligible for a WSLPIP incentive until that employer has fully complied with provisions of that section, has met the criteria for eligibility to participate in the WSLPIP, and has implemented a WSLPIP as set forth in this Part.

(e) Employers that have already implement a safety incentive program, a drug and alcohol prevention program, and/or a return to work program may apply for an incentive provided that such preexisting program(s) conform(s) to the provisions of this Part. Programs implemented and in place prior to the effective date of this Part must go through the same evaluation, application, and review process as new programs.

(f) A member of a group shall be eligible for a credit against its contributions if such credit is contemplated as part of their annual rate analysis and is authorized by the chair and in accordance with limitations set by the chair, and if such employer has implemented any one or more of the following programs that comply with all requirements set forth in this Part:

(1) a safety incentive program;

(2) a drug and alcohol prevention program; and

(3) a return to work program.

12 CRR-NY 60-1.4

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.