12 CRR-NY 60-1.10NY-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 60-1.10
12 CRR-NY 60-1.10
60-1.10 Approval, Monitoring and Appeal.
(a) Applications for incentives may be denied, revoked, or suspended based upon a determination by the department that the employer failed to implement and/or maintain a WSLPIP that complies with this Part.
(1) Within 14 calendar days of making a determination that an employer’s WSLPIP is deficient or in some way in violation of this Part, the department shall inform the employer in writing of the reason(s) for the adverse determination.
(2) The employer may demonstrate to the department that it has corrected all deficiencies or submit an acceptable plan for correcting deficiencies within 30 calendar days of the notice of deficiency, thereby avoiding any need for adverse action against the employer under this section.
(3) If the employer has not corrected or submitted an acceptable plan for correcting all deficiencies within 30 calendar days from the date of the notice of deficiency, the department shall inform the employer, the employer’s insurer, and the superintendent that the employer’s incentive has been denied, revoked, or suspended until it is determined by the department that the employer’s program is in compliance with this Part. If the employer is individually self-insured, the department shall also inform the board.
(4) In determining whether the incentive should be denied, revoked or suspended, the department will consider factors including, but not limited to:
(i) the number of years in business;
(ii) the size of the employer as measured by the dollar volume of annual gross sales and the number of employees;
(iii) the level of cooperation with the department;
(iv) the gravity of the violation(s); and
(v) whether there has been a previous violation of any New York State law or regulation.
(b) Any approved workplace safety and loss prevention incentive program shall be subject to monitoring. The 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.
(c) If an employer’s application is denied, revoked, or suspended, the employer may commence a proceeding to appeal such denial pursuant to article 78 of the Civil Practice Law and Rules.
12 CRR-NY 60-1.10
Current through March 15, 2022
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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.