Health & Safety Insights

Comply with the NY DOL’s Industrial Code Rule 59 (ICR 59)

Date: 1/12/2024

Did you get a notice from the New York Compensation Insurance Rating Board? If so, don’t just put it aside and forget about it. Your company has mandates that kick in within 30 days of notice. You also face penalties for non-compliance.

A notice from the Board puts your company in the “Compulsory Workplace Safety and Loss Prevention Program.” It means the Board assessed your annual payroll and loss experience modification rate and decided you need to be evaluated by a safety consultant and re-inspected by your workers’ compensation insurance carrier.

Getting the notice can be a scary prospect and leave you confused about how to proceed. To help you get started, here’s a list of major steps involved:

1Contact your carrier to say you’ve been notified.Immediately
2Hire a consultant who has been certified by the NY Department of Labor (DOL).Within 30 days of your notice
3Write to your carrier and NY DOL. Inform them of your consultant’s name/address/certification number and the consultation start/end dates.Within 40 days of your notice
4Ensure your consultant completes the consultation and gives you a report of safety and loss prevention recommendations.Within 75 days of your notice
5Submit a copy of the consultant report to your carrier and NY DOL, along with a letter explaining how and when you’ll meet report recommendations. If you’re hiring someone to help you comply, include the name(s) in your letter.Within 30 days of receipt of the consultant report
6Meet report recommendations.Within 6 months of receipt of the consultant report
7Have your carrier complete a re-inspection of your site.Within 60 days after the 6-month compliance period
8Receive a re-inspection report from the carrier. (The carrier will also send a copy to NY DOL.)Within 45 days of carrier re-inspection
9File an appeal with NY DOL and notify your carrier, if report findings are disputed.Within 30 days of receiving carrier re-inspection report
10Pay premiums and continue to evaluate your loss prevention program.Ongoing

Learn more at NY DOL’s Comply with Code Rule 59 webpage.

As a client, you’ll work with J. J. Keller consultant Laura Casey, one of the most trusted professionals in the field with over 18 years of experience. She is also listed on the Department of Labor's Consultant Database.

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