New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter L - Safety Incentive Program
Part 431 - Safety Incentive Program
Section 431.5 - Monitoring of safety incentive plans implemented by employers

(a) At six and twelve months following the submission of the safety incentive plan, or as otherwise required by the board, the employer's certified safety specialist must submit to the employer's insurer and to the board a certification that, based upon regular, documented on-site inspections, the employer is implementing or has implemented the safety incentive plan in accordance with the plan previously submitted to the board in accordance with section 431.4 of this Part. The board's designee, as required by the board, and the employer's insurer may also conduct on-site inspection(s) of employers participating in the safety incentive program in order to ensure that the employer has implemented the safety incentive plan in accordance with the plan previously submitted to the board in accordance with section 431.4 of this Part.

(b) Failure to submit a safety incentive plan which satisfies the requirements of section 431.4 of this Part or failure to undergo on-site inspections and to submit certifications as required by subdivision (a) of this section shall be considered in evaluating whether or not a premium credit shall be granted. For self-insured employers participating in the safety incentive program, such failure shall be considered by the board's office of self-insurance in evaluating whether or not a security deposit reduction shall be granted.

(c) In order to monitor the safety incentive plans implemented by employers as required by subsection (9) of section 134 of the Workers' Compensation Law, the board may request that employers participating in the safety incentive program submit to the board in a prescribed format information including, but not limited to, statistical data on accident rates, workers' compensation costs, and safety program implementation costs.

(d) Any and all information submitted to the board in accordance with this Part may, upon request, be distributed to an insured employer's insurance carrier or to the board's office of self- insurance in order to determine whether or not a premium credit or security deposit reduction shall be granted.

(e) The requirements set forth in this Part do not waive or modify any other State or Federal safety and health standards to which the employer would otherwise be subject, nor does any provision of this rule in any way limit the liability of such employer to fines or other penalties to which it would otherwise be subject for failure to comply with any other State or Federal law or regulation.