PART 59 WORKPLACE SAFETY AND LOSS PREVENTION PROGRAM

Workplace Safety Begins with You!

If you get a notice about the safety and loss prevention program, you should review the Guidelines to Code Rule 59 for the rules and timelines, provided by the NYS Department of Labor, and contact your workers’ compensation carrier.

THE PROCESS:

Step 1: Within 30 days of the notice, make arrangements to hire a consultant. You may hire a private consultant or the insurer’s consultant, if they provide that service.

Step 2: Within 10 days (40 days from notice), notify the DOL and your insurer, in writing, of the following:

• The date that the consultation is scheduled to begin,

• The date that the consultation is scheduled to be completed (no more than 75 days from the date you got the notice), •

The name and address of the consultant you hired, and

• The certification number of the consultant.

Step 3: Within 75 days of the notice, the certified consultant must complete the consultation and provide the employer with a copy of the report.

Step 4: Within 30 days of receiving the consultant’s evaluation report, send a copy to the DOL and your insurer. You must include a letter describing how you will go about complying with the recommendations in the report. You must include the names of any service providers that you will hire to help you get into compliance.

Step 5: You have 6 months from the date you get the evaluation report to comply with all recommendations.

Step 6: Within 60 days of complying with all recommendations, notify your workers’ compensation insurer to re-inspect the workplace. The insurer will verify compliance with the consultant’s report.

Step 7: Your insurer must issue a re-inspection report and send it to you and the DOL. You must maintain the required elements of the Workplace Safety and Loss Prevention Program.