Bill Text: NY S04757 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to workplace safety and loss prevention programs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-03-22 - REFERRED TO LABOR [S04757 Detail]

Download: New_York-2019-S04757-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4757
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 22, 2019
                                       ___________
        Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor
        AN ACT to amend the workers' compensation law, in relation to  workplace
          safety and loss prevention programs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 1 and 2 of section 134 of the workers' compen-
     2  sation law, as amended by chapter 6 of the laws of 2007 and  subdivision
     3  1  as further amended by section 104 of part A of chapter 62 of the laws
     4  of 2011, are amended to read as follows:
     5    1. The commissioner of labor, in consultation with the  superintendent
     6  of financial services and the chair of the board shall develop a compul-
     7  sory  workplace  safety  and  loss  prevention program for all employers
     8  whose most recent annual payroll is in excess of [eight] one million two
     9  hundred thousand dollars and whose most recent experience rating exceeds
    10  the level of 1.2.  The commissioner of labor  shall  adjust  the  annual
    11  payroll  amount  in  this subdivision annually beginning on the first of
    12  March next succeeding the date on which the chapter of the laws  of  two
    13  thousand  nineteen  that amended this subdivision shall have become law.
    14  Such adjustment shall be based on the percentage increase in  the  wages
    15  and  salaries  for  private  industry workers for the preceding calendar
    16  year as stated in the Employment  Cost  Index  reported  by  the  United
    17  States  Bureau  of  Labor  Statistics.  The  commissioner of labor shall
    18  promulgate rules and regulations for the implementation of safety,  drug
    19  and alcohol prevention, and return to work incentive programs.
    20    2.  The  commissioner  of  labor shall provide written notification to
    21  employers whose most recent annual payroll is in excess of  [eight]  one
    22  million  two  hundred  thousand dollars and whose most recent experience
    23  rating exceeds the level of 1.2 that they  are  required  to  undergo  a
    24  workplace  safety  and  loss  prevention consultation and written evalu-
    25  ation. Copies of the written  notification  shall  be  provided  to  the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06524-01-9

        S. 4757                             2
     1  department  of  labor  and  the  employer's  insurer.  The employer must
     2  arrange for the consultation and evaluation  within  thirty  days  after
     3  receiving  the  notification  and must within ten days thereafter notify
     4  its insurer and the department of labor in writing of the means by which
     5  the  evaluation  is  to  be  accomplished. The employer must provide its
     6  insurer and the department of labor with a copy of the evaluation within
     7  thirty days after receiving it from the safety and loss consultant.  Any
     8  remedial action recommended in the evaluation must be implemented by the
     9  employer  within  a  reasonable  period  of  time, but not to exceed six
    10  months after the employer receives the evaluation. The  insurer,  within
    11  sixty  days after the expiration of such six month period, shall conduct
    12  an inspection to ascertain whether the recommended remedial  action  has
    13  been implemented, and the insurer shall within forty-five days thereaft-
    14  er  provide  to  the  employer and the department of labor a copy of its
    15  inspection report.
    16    § 2. This act shall take effect on the first of January next  succeed-
    17  ing the date on which it shall have become a law.
feedback