New York Industrial Code Rule 59 Consultation

Overview

New York Industrial Code Rule 59, “Workplace Safety and Loss Prevention” requires a comprehensive safety and loss prevention consultation and evaluation for any employer with:

• An annual payroll of over $800,000
• A workers' compensation experience modification rating of more than 1.20.

The rule states that a consultation must be conducted by a safety professional certified by the New York Department of Labor. Zurich can offer you NY-certified consultants to help you comply.

The New York Compensation Insurance Rating Board issues notices to employers that must participate in the program. The compliance timeline is short and begins as soon as you receive the notice. If you do not comply, you will receive a 5% surcharge on the manual portion of your workers’ compensation premium. The surcharge goes up an extra 5% for each year you do not comply. It also follows the employer – so if coverage is moved the new insurer must still apply the surcharge.

Here's how it works:

• We plan the project with you, covering scope, expected outcome, state deadlines and logistics.
• The Risk Engineer carries out research and talks with you to learn about what you do and how you do it.
• We carry out the consultation either onsite or remotely as required.
• We deliver a final report within your state’s timeline, including any action items that may be needed.
• In compliance with Rule 59, you then have to distribute the report and include descriptions of how you intend to carry out any recommendations.