12 CRR-NY 60-1.13NY-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 60-1.13
12 CRR-NY 60-1.13
60-1.13 Safety Incentive Program.
(a) A safety incentive program seeks to prevent occupational illnesses and injuries by identifying, preventing, evaluating, and controlling workplace hazards.
(b) Services related to an approved safety incentive program may be provided directly by the employer, jointly between the employer and the union that represents the employer’s employees, through the union, or through a contract with an outside provider.
(c) To qualify for an incentive, a safety incentive program shall be documented in writing and communicated in languages and methods clearly understood by all employees.
(d) An acceptable safety incentive program shall include, but not be limited to, the following elements:
(1) policies, procedures, and practices that:
(i) identify, uncover, and evaluate occupational safety and workplace health hazards;
(ii) minimize or eliminate known or suspected occupational safety and workplace health hazards;
(iii) protect employees from occupational safety and workplace health hazards;
(iv) ensure management’s role and leadership in promoting workplace safety and health throughout the organization through the maintenance and promotion of the policies and procedures designed to improve workplace safety and health; and
(v) communicate the nature of the safety and health hazard to employees;
(2) communication of the goals of the safety incentive program and the mechanisms which will be utilized to achieve the goals so that all personnel will understand that management is committed to workplace safety;
(3) assignment and communication of roles and responsibilities for all aspects of the safety incentive program to managers, supervisors, and employees. The assignment of responsibilities shall be accomplished through written notification. The notification shall also articulate the means by which managers, supervisors and employees will be held accountable for implementing the safety incentive program. The written notification must provide a designated contact or contacts that will be available to answer questions regarding any practice or procedure implemented by the employer;
(4) a mechanism to conduct on-going workplace safety inspections so that new or previously-identified workplace hazards may be minimized or eliminated through the use of safe work practices, investment in equipment, engineering, or administrative controls. On-going safety inspections shall be conducted with a frequency necessary to be effective;
(5) assurance that all workers at every site covered by the safety incentive program are provided with appropriate and effective safety protections, including appropriate personal protective equipment that is properly used and maintained in good condition at all times;
(6) employee involvement in the structure and operation of the safety incentive program to facilitate their commitment to achieving its goals and objectives. Employee involvement shall be accomplished through the designation of one or more employee representative(s) at each site where the safety incentive program will be implemented or through the recognized representative of each collective bargaining unit, where applicable;
(7) appropriate training for managers, supervisors, and employees that shall enable them to:
(i) accomplish the task and responsibilities assigned to them under the approved safety incentive program;
(ii) recognize potential hazards;
(iii) maintain safety protection in the work area; and
(iv) reinforce employee safe work practices and the use of required protective measures;
(8) a reliable procedure by which employees may notify management personnel, without fear of reprisal, of conditions that appear hazardous or are not in compliance with the policies of the safety incentive program;
(9) a reliable procedure to respond to safety and health hazards in a timely and appropriate manner. Implement new or improved safety procedures that follow a hierarchy of controls that first uses an appropriate combination of engineering and administrative controls to eliminate or minimize the hazard and then requires employees who have exposure to the hazard to use personal protective equipment. Personal protective equipment must be designed to match the particular hazard and reduce the exposure of employees to that hazard;
(10) investigation of accidents to identify the root cause(s) of the hazard(s) and prevent reoccurrences;
(11) a means to evaluate or analyze accident, injury, and illness trends or data over time in order to identify patterns and develop strategies for accident reduction and elimination. Such analysis should illustrate the effectiveness (or lack thereof) of any modification(s) to achieve the desired results;
(12) a written emergency action plan that includes, at a minimum, procedures for reporting a fire or other emergency; procedures for emergency evacuation, including type of evacuation and exit route assignments; procedures to be followed by employees who remain to secure critical plant operations before they evacuate; procedures to account for all employees after evacuation; and procedures to be followed by employees performing rescue or medical duties;
(13) procedures for transmitting and enforcing new or improved safe work practices through training, positive reinforcement, and correction of unsafe performance;
(14) hazard assessments that are conducted whenever significant or dangerous new machinery, equipment, or technology is introduced into the workplace or when working conditions materially change through new policies, procedures, or processes.
(e) The final, approved Safety Incentive Program plan shall be provided to the designated employee representative(s) in each workplace location or to the recognized representative of each collective bargaining unit, where applicable, and shall be made available to all employees upon request.
12 CRR-NY 60-1.13
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.