Section 134 of the Workers’ Compensation law established a Compulsory Workplace Safety and Loss Prevention Program. Your business must take part in this program if you are:

• Annual payroll is more than $800,000, and
• Most recent experience modification rating exceeds 1.20.

You will get a notice from the New York Compensation Insurance Rating Board (NYCIRB) if you are subject to the program.

Structure Compliance works as a consultant in New York State, it is described by the Department of Labor as an individual certified by the Department of Labor as a workplace safety and loss prevention consultant, or a Department of Labor employee assigned to conduct workplace safety and loss prevention consultations.

 

The NYS DOL Code Rule 59 is intended to set forth the responsibilities of employers and workplace safety and loss prevention consultants participating in the workplace safety and loss prevention program. The workplace safety and loss prevention program is intended to reduce workplace injuries and result in lower workers’ compensation costs for employers.

The workplace safety and loss prevention consultation shall be completed, and the consultant’s written evaluation shall have been received by the employer, within seventy-five (75) days after receipt by the employer of written notification from the Compensation Insurance Rating Board or such other rating organization that the employer is required to undergo a workplace safety and loss prevention consultation.

Upon the recommendation of the consultant, the employer shall institute and maintain an effective safety and loss prevention program to identify, evaluate and control workplace hazards. Employers’ workplace safety and loss prevention programs, which were developed prior to the promulgation of this rule, may be used to satisfy this requirement if they meet the criteria for an acceptable program set forth in this section. Such program shall be in writing and shall at a minimum:

1. Set forth policies, procedures and practices that recognize and protect employees from occupational safety hazards.
2. Establish and communicate a clear goal for the workplace safety and loss prevention program and the mechanisms which will be utilized in meeting this goal.
3. Provide for visible top management leadership in implementing the program and ensure that all workers at the site are provided equally high-quality safety protection, so that all will understand that management’s commitment is serious.
4. Provide for and encourage employee involvement in the structure and operation of the program, so that they will commit their insight and energy to achieving the goals and objectives of the safety program. Such involvement shall be accomplished through the recognized employee organization(s), if any.
5. Assign and communicate responsibilities for all aspects of the workplace safety and loss prevention program to managers, supervisors, and employees so that such persons know and understand what is expected of them in the implementation of the program. Provide a system to hold managers and supervisors accountable for their responsibilities under the workplace safety and loss prevention program.
6. The employer shall ensure that the supervisors, managers, and employees understand their responsibilities under the workplace safety and loss prevention program and their importance to the safety of the workplace. In particular, appropriate training for managers, supervisors and employees shall enable them to:
   1. recognizes potential hazards;
   2. maintain safety protection in the work area; and
   3. reinforce employee training on the nature of the potential hazards and required protective measures.
7. Provide a reliable system for employees to notify management personnel of conditions that appear hazardous or of non-compliance with the terms of the workplace safety and loss prevention program without fear of reprisal and provide a mechanism to ensure timely and appropriate responses.
8. Provide a mechanism to investigate accidents so that the root cause(s) and means for preventing a recurrence are identified. For the purposes of this rule, the term “accident” shall mean any unexpected happening that interrupts the work sequence or process and that may result in injury, illness, or property damage.
9. Provide a means to review injury and illness trends over time so that patterns with common causes can be identified and eliminated.
10. Establish a mechanism for the employer to conduct ongoing, periodic in-house safety inspections so that new or previously missed hazards or failures in controls are identified. Such inspections shall be conducted with a frequency necessary to be effective and this frequency shall be reviewed by the consultant performing the workplace safety and loss prevention consultation.
11. Address the impact of emergency situations and develop written plans and procedures to insure employee safety during such emergencies. For the purposes of this rule, the term “emergency situation” shall mean an unforeseen single event or combination of events that calls for immediate action to prevent, control or contain injury or illness to person(s) or damage to property.
12. Establish procedures for transmitting and enforcing safe work practices in the workplace through training, positive reinforcement, and correction of unsafe performance.

 

As consultants performing workplace safety and loss prevention consultations for employers under this rule, we will comply with the following:

1. Consultants other than those employed by the department shall be certified by the department in accordance with procedures and criteria set forth in this rule.
2. Consultations conducted by all consultants shall include both a survey of the workplace and an assessment of the employer’s workplace safety and loss prevention program.
3. In the case of employers with more than one work site, the consultant shall consider loss and claim information by location in the same manner as he or she would do for an employer with one work site in order to identify hazards which necessitate remediation.
4. Wherever industrial hygiene sampling is determined to be necessary during the conduct of such consultation, the consultant shall utilize sampling and analytical procedures generally recognized within the hygiene profession, such as but not limited to the Chemical Information Manual OSHA CPL 2-2.43A. All sample analyses must be performed by a laboratory that has been accredited by the American Industrial Hygiene Association or certified by the New York State Health Department Environmental Laboratory Approval Program (ELAP).
5. The consultant shall include as a part of the overall consultation an opening conference with the employer, and recognized employee representatives, if any, to discuss:
   1. The manner in which the consultation will be conducted.
   2. The information and other assistance which will be required of the employer in order to allow the consultant to perform his/her function.
   3. The involvement of employees or employee representatives in the consultation.
   4. The sampling which might be required as part of the consultation as well as the sampling protocols which will be utilized.
6. Upon completion of the consultation, the consultant will conduct a final closing conference with the employer, and with the recognized employee organization(s) if any, to discuss the consultant’s findings and recommendations.
7. The consultant shall provide the employer with a written report at the conclusion of the consultation. The written report must be forwarded to the employer by the consultant as soon as possible following completion of the consultation but no more than thirty (30) working days from the closing conference date.
8. The workplace safety and loss prevention consultation report shall, at a minimum, contain the following:
   1. The name(s) of the consultant(s) performing the consultation and, if the consultant is not employed by the department, the department certification number of the consultant;
   2. The name and location of the establishment at which the consultation was performed;
   3. The date(s) on which the consultation was conducted;
   4. The name of the employer for whom the report was prepared and the name of the employer’s insurer and contact person;
   5. The activity or activities in which the employer is primarily engaged and a synopsis of the work operation(s);
   6. The number of employees at the work site, the most recent Experience Modification Rate (EMR), Standard Industrial Code (SIC) number and Federal Employer Identification Number (FEIN);
   7. A complete review of each of the required elements of a workplace safety and loss prevention program as set forth in Section 59-1.9 of this rule and an assessment of the employer’s compliance with these requirements;
   8. A description of all monitoring performed at the establishment, including the methodology used, the identification of the laboratory processing the sample and the monitoring results achieved; and
   9. Identification of and recommendations for the correction of all workplace safety and loss prevention issues or deficiencies noted during the workplace safety and loss prevention consultation.