View Document - Unofficial New York Codes, Rules and Regulations

12 CRR-NY 60-1.15NY-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 60-1.15

60-1.15 Return to work program.

(a) An acceptable return to work program facilitates an employee’s return to work as soon as medically possible after a job-related injury or illness. A return to work program provides fair and consistent practices for accommodating the needs of employees who have become ill or injured on the job or have sustained a temporary or permanent partial disability covered by the Workers’ Compensation Law in order for such employees to make a timely and safe return to work. Nothing in these regulations precludes the employer from extending its return to work program for an illness or injury not covered by the Workers’ Compensation Law; however, extending a return to work program to injuries or illnesses not covered by the Worker’s Compensation Law will not entitle the employer to an additional Incentive.

(b) Services related to a return to work program may be provided directly by the employer, jointly between the employer and the union, through a union that represents the employer’s employees, or through a contract with an outside provider.

(c) To qualify for an incentive, a return to work program shall be in writing and communicated in languages and methods clearly understood by all employees.

(d) An acceptable return to work program shall include, but not be limited to, the following elements:

(1) an employer’s statement of commitment to providing safe, gainful, and meaningful employment to employees as soon as medically possible following an on-the-job injury or illness;

(2) a plan for communication with all parties including the injured worker, the treating physician, the collective bargaining representative, if any, and the board, in order to facilitate an employee’s return to work. The communication must be made in accordance with applicable privacy laws;

(3) a policy and procedure for returning injured employees to the workplace that is communicated to all employees and collective bargaining representatives in writing and in a timely manner;

(4) policies and procedures that focus on returning the employee to his or her pre-injury employment in a safe and timely manner, and accommodating the needs of that employee concerning a position with the employer, and which do not cause undue hardship on the parties or violate an existing collective bargaining agreement;

(5) a policy and procedure for ensuring the involvement of the injured or ill employee in all aspects of the return to work process;

(6) a policy and procedure for ensuring the involvement of designated representative of employees and/or the recognized representatives of each collective bargaining unit, where applicable, in the return to work program;

(7) a policy and procedure for ensuring that the injured employee’s treating physician is given information which will assist in determining the injured worker’s ability to return to the pre-injury job, a modified job, or a suitable alternative work assignment at the employer in a timely manner;

(8) a process for the development and implementation of a written individual return to work plan by the employer, the employee, and the designated representatives of employees and/or the recognized collective bargaining representative, where applicable;

(9) a policy to return an injured worker to the pre-injury job as soon as it is medically determined by the treating physician that the employee is capable of performing the essential duties of their pre-injury or pre-illness job;

(10) a policy and procedure to make reasonable efforts to accommodate the employee’s work-related injury or illness so that the post-injury job is consistent with an assessment by the worker’s treating physician, with the goal of offering the employee alternative suitable and available work that is comparable in nature and earnings to the worker’s pre-injury job;

(11) a policy and procedure for referring an employee to a vocational assessment and for providing vocational services if the injured or ill employee cannot safely perform the essential duties of the pre-injury job or a suitable alternative job at the employer;

(12) a procedure for monitoring the employee’s progress, recovery, and return to work with notice to the employee’s treating physician, and the recognized collective bargaining representative, if any;

(13) strategies for maintenance and promotion of the program;

(14) an evaluation component that includes realistic and measurable criteria to determine the appropriateness and effectiveness of the program and an assessment of employee participation in the program; and

(15) designation of a return to work program contact at the employer for use by employees seeking to participate in the return to work program.

(e) The final, approved return to work 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 60-1.15

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.