New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter V - Rates And Rating Organizations
Subchapter B - Commercial And Industrial Risks
Part 151 - Workers' Compensation Insurance
Subpart 151-3 - Workplace Safety And Loss Prevention Incentive Program
Section 151-3.1 - Preamble

Universal Citation: 11 NY Comp Codes Rules and Regs ยง 151-3.1

Current through Register Vol. 46, No. 39, September 25, 2024

(a) In March 2007, the Legislature enacted chapter 6 of the Laws of 2007, which reformed New York's workers' compensation system. Chapter 6 amended Workers Compensation Law, section 134(6), to state that employers insured through the State Insurance Fund (except those who are current policy holders in a recognized safety group) or any other insurer that issues policies of workers' compensation insurance, shall be eligible for a credit in workers' compensation insurance premiums if the employer implements any of the following:

(1) a safety incentive program that conforms to regulations promulgated by the Commissioner of Labor;

(2) a drug and alcohol prevention program that conforms to regulations issued by the Commissioner of Labor, in consultation with the office of alcoholism and substance abuse services; or

(3) a return to work program that conforms to regulations issued by the Commissioner of Labor.

(b) Pursuant to the statute, the Commissioner of Labor promulgated 12 NYCRR 60 (Industrial Code Rule 60). Industrial Code Rule 60 sets forth the minimum requirements for an acceptable safety incentive program, drug and alcohol prevention program, and a return to work program. Workers Compensation Law, section 134(6)(c) requires the superintendent to promulgate regulations establishing the premium credit for those programs, and include provisions for recertification on an annual basis.

(c) The superintendent will review the information submitted by insurers pursuant to this Part to evaluate whether the credit amounts specified in this Part continue to be appropriate and reflective of actual loss and experience and expenses.

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