New York Codes, Rules and Regulations
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)
Section 60-1.8 - Renewal application and approval procedures

Current through Register Vol. 46, No. 12, March 20, 2024

(a) At the end of the initial three year approval period, if an employer seeks to renew the incentive, an employer must apply to the department for a renewal of the incentive on a renewal application form and in a manner developed by the department. The renewal application shall include, but not be limited to, the information required by section 60-1.6 of this Subpart and a WSLPIP report.

(1) The insured employer shall apply for renewal no later than 90 calendar days prior to the employer's annual policy renewal date in order to receive the credit for the next annual policy period. The employer shall simultaneously send a copy of the application to the employer's workers' compensation insurer.

(2) An individually self-insured employer shall apply no later than 90 calendar days prior to the end of the calendar year in order to receive a reduction in security deposit for the next calendar year. The employer shall simultaneously send a copy of the application to the board.

(b) Repealed.

(c) The application for renewal must include the following information:

(1) the employer's WSLPIP report, completed using data from the first six months of the third year of the approval period; and

(2) the employer's verification that the WSLPIP(s) remain(s) in effect and continue(s) to comply with this Part.

(d) The WSLPIP report and verification shall comply with the procedures in section 60-1.7 of this Subpart.

(e) Once the employer's WSLPIP renewal application is approved by the department, the department shall notify the employer and issue the employer a certificate of approval indicating that the renewed WSLPIP is approved and that the WSLPIP approval shall be in effect for three years. The incentive shall be effective at the commencement of:

(1) the next policy renewal period following the date of the department's approval certificate if the employer is individually insured; or

(2) the next calendar year following the date of the department's approval certificate if the employer is self-insured.

(f) In order to receive the incentive, the insured employer shall send a copy of the department's certificate of approval in a timely manner to:

(1) the employer's workers' compensation insurance carrier if the employer is insured; or

(2) the board if the employer is individually self-insured.

(g) The department shall notify the employer's insurer of record, the superintendent, and the board of the department's approval of the employer's WSLPIP.

(h) Once a WSLPIP incentive is provided to an employer, the employer must keep required records and reports pursuant to section 60-1.7 of this Subpart and maintain a WSLPIP that complies with this Part.

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