NY State Senate Bill 2017-S4369

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2018	print number 4369a
May 25, 2018	amend and recommit to finance
May 22, 2018	reported and committed to finance
Jan 03, 2018	referred to labor
Feb 10, 2017	referred to labor

Votes

- May 22, 2018 - Labor Committee Vote
  S4369
  
  9
  
  Aye
  
  5
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Labor Committee Vote: May 22, 2018
      
      aye (9)
      
      Akshar
      
      Gallivan
      
      Hannon
      
      Marcellino
      
      Murphy
      
      Ortt
      
      Parker
      
      Ritchie
      
      Robach
      
      nay (5)
      
      Addabbo Jr.
      
      Alcantara
      
      Dilan
      
      Sanders Jr.
      
      Savino
      
      aye wr (1)
      
      Rivera

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S4369 - Details

See Assembly Version of this Bill:: A1458
Current Committee:: Senate Finance
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §134, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9807
2019-2020: S4757, A3547
2021-2022: S1396, A1130
2023-2024: A1076

2017-S4369 - Summary

Relates to workplace safety and loss prevention programs.

2017-S4369 - Sponsor Memo

                                 BILL NUMBER:  S4369

 TITLE OF BILL :  An act to amend the workers' compensation law, in
relation to workplace safety and loss prevention programs

 PURPOSE :

The purpose of this bill is to update the annual payroll amount that
triggers the requirement for employers to undergo a workplace safety
and loss prevention consultation and written evaluation.

 SUMMARY OF PROVISIONS :

Section one of this bill amends Section 134 of the workers'
compensation law by changing the $800,000 annual payroll threshold to
$1.2 million. Annually thereafter, the payroll threshold would be
adjusted based upon data in the Employment Cost Index reported by the
United States Bureau of Labor Statistics.

Section two of the bill relates to the effective date.

 JUSTIFICATION :

The Workplace Safety & Loss Prevention Program was created in 1997 by
statute to reduce workplace injuries. The program is required for all
employers whose most recent annual payroll is in excess of $800,000

and whose most recent experience rating exceeds the level of 1.2.
Employers who meet these criteria are required to undergo a workplace
safety and loss prevention consultation and evaluation.

Employers required to undergo a consultation and evaluation must pay a
fee for the required consultation, which must be performed by a
certified consultant. These fees can be substantial. Any additional
costs incurred during the course of the consultation, such as
sampling, laboratory fees and laboratory reports, must be paid by the
employer in addition to the consultation fee. If remedial action is
recommended by the consultant, it must be implemented by the employer
within six months. Employers can spend several thousands of dollars to
comply with the requirements of the statute.

Over the last 19 years, payrolls have increased substantially. The
law, which was originally intended to apply to larger employers, is
now capturing smaller ones because the payroll threshold has not been
adjusted. A recent annual report of the Workers Compensation Insurance
Rating Board, which administers the program, indicates a 46% increase
in the number of employers who were required to undergo a safety and
loss prevention consultation and evaluation in 2014 compared to 2013.
The failure to update the payroll threshold to reflect current labor
costs is resulting in increased administrative and financial burdens
on New York's small businesses.

Therefore, the $800,000 payroll threshold needs to be adjusted to
reflect today's payroll costs. Based upon the increase in wages and
salaries of private industry workers as reported by in the Employment
Cost Index published by the U.S. Bureau of Labor Statistics, a payroll
threshold of $800,000 in 1997 would equate today to approximately $1.2
million.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect on the first of January next succeeding the
date on which is shall have become a law.

2017-S4369 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4369
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- 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:
 
   Section 1. Subdivisions 1 and 2 of section 134 of the workers' compen-
 sation law, as amended by chapter 6 of the laws of 2007 and  subdivision
 1  as further amended by section 104 of part A of chapter 62 of the laws
 of 2011, are amended to read as follows:
   1. The commissioner of labor, in consultation with the  superintendent
 of financial services and the chair of the board shall develop a compul-
 sory  workplace  safety  and  loss  prevention program for all employers
 whose most recent annual payroll is in excess of [eight] ONE MILLION TWO
 hundred thousand dollars and whose most recent experience rating exceeds
 the level of 1.2.  THE COMMISSIONER OF LABOR  SHALL  ADJUST  THE  ANNUAL
 PAYROLL  AMOUNT  IN  THIS SUBDIVISION ANNUALLY BEGINNING ON THE FIRST OF
 MARCH NEXT SUCCEEDING THE DATE ON WHICH THE CHAPTER OF THE LAWS  OF  TWO
 THOUSAND  SIXTEEN  THAT  AMENDED THIS SUBDIVISION SHALL HAVE BECOME LAW.
 SUCH ADJUSTMENT SHALL BE BASED ON THE PERCENTAGE INCREASE IN  THE  WAGES
 AND  SALARIES  FOR  PRIVATE  INDUSTRY WORKERS FOR THE PRECEDING CALENDAR
 YEAR AS STATED IN THE EMPLOYMENT  COST  INDEX  REPORTED  BY  THE  UNITED
 STATES  BUREAU  OF  LABOR  STATISTICS.  The  commissioner of labor shall
 promulgate rules and regulations for the implementation of safety,  drug
 and alcohol prevention, and return to work incentive programs.
   2.  The  commissioner  of  labor shall provide written notification to
 employers whose most recent annual payroll is in excess of  [eight]  ONE
 MILLION  TWO  hundred  thousand dollars and whose most recent experience
 rating exceeds the level of 1.2 that they  are  required  to  undergo  a
 workplace  safety  and  loss  prevention consultation and written evalu-
 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.

                                                            LBD04629-01-7

 S. 4369                             2
 
 department  of  labor  and  the  employer's  insurer.  The employer must
 arrange for the consultation and evaluation  within  thirty  days  after
 receiving  the  notification  and must within ten days thereafter notify
 its insurer and the department of labor in writing of the means by which
 the  evaluation  is  to  be  accomplished. The employer must provide its
 insurer and the department of labor with a copy of the evaluation within
 thirty days after receiving it from the safety and loss consultant.  Any
 remedial action recommended in the evaluation must be implemented by the
 employer  within  a  reasonable  period  of  time, but not to exceed six
 months after the employer receives the evaluation. The  insurer,  within
 sixty  days after the expiration of such six month period, shall conduct
 an inspection to ascertain whether the recommended remedial  action  has
 been implemented, and the insurer shall within forty-five days thereaft-
 er  provide  to  the  employer and the department of labor a copy of its
 inspection report.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

co-Sponsors

2017-S4369A (ACTIVE) - Details

See Assembly Version of this Bill:: A1458
Current Committee:: Senate Finance
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §134, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9807
2019-2020: S4757, A3547
2021-2022: S1396, A1130
2023-2024: A1076

2017-S4369A (ACTIVE) - Summary

Relates to workplace safety and loss prevention programs.

2017-S4369A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4369A

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the workers' compensation law, in
relation to workplace safety and loss prevention programs

 
PURPOSE:

The purpose of this bill is to update the annual payroll amount that
triggers the requirement for employers to undergo a workplace safety and
loss prevention consultation and written evaluation.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends Section 134 of the workers' compensation
law by changing the $800,000 annual payroll threshold to $1.2 million.
Annually thereafter, the payroll threshold would be adjusted based upon
data in the Employment Cost Index reported by the United States Bureau
of Labor Statistics.

Section two of the bill relates to the effective date.

 
JUSTIFICATION:

The Workplace Safety & Loss Prevention Program was created in 1997 by
statute to reduce workplace injuries. The program is required for all
employers whose most recent annual payroll is in excess of $800,000 and
whose most recent experience rating exceeds the level of 1.2.  Employers
who meet these criteria are required to undergo a workplace safety and
loss prevention consultation and evaluation.

Employers required to undergo a consultation and evaluation must pay a
fee for the required consultation, which must be performed by a certi-
fied consultant. These fees can be substantial. Any additional costs
incurred during the course of the consultation, such as sampling, labo-
ratory fees and laboratory reports, must be paid by the employer in
addition to the consultation fee. If remedial action is recommended by
the consultant, it must be implemented by the employer within six
months. Employers can spend several thousands of dollars to comply with
the requirements of the statute.

Over the last 19 years, payrolls have increased substantially. The law,
which was originally intended to apply to larger employers, is now
capturing smaller ones because the payroll threshold has not been
adjusted. A recent annual report of the Workers Compensation Insurance
Rating Board, which administers the program, indicates a 46% increase in
the number of employers who were required to undergo a safety and loss
prevention consultation and evaluation in 2014 compared to 2013. The
failure to update the payroll threshold to reflect current labor costs
is resulting in increased administrative and financial burdens on New
York's small businesses.

Therefore, the $800,000 payroll threshold needs to be adjusted to
reflect today's payroll costs. Based upon the increase in wages and
salaries of private industry workers as reported by in the Employment
Cost Index published by the U.S. Bureau of Labor Statistics, a payroll
threshold of $800,000 in 1997 would equate today to approximately $1.2
million.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which is shall have become a law.

2017-S4369A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4369--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by  Sens.  HANNON,  DeFRANCISCO,  KAMINSKY -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Labor  --  recommitted  to  the  Committee on Labor in accordance with
   Senate Rule 6, sec. 8 -- reported favorably from  said  committee  and
   committed  to  the  Committee on Finance -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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:
 
   Section 1. Subdivisions 1 and 2 of section 134 of the workers' compen-
 sation  law, as amended by chapter 6 of the laws of 2007 and subdivision
 1 as further amended by section 104 of part A of chapter 62 of the  laws
 of 2011, are amended to read as follows:
   1.  The commissioner of labor, in consultation with the superintendent
 of financial services and the chair of the board shall develop a compul-
 sory workplace safety and loss  prevention  program  for  all  employers
 whose most recent annual payroll is in excess of [eight] ONE MILLION TWO
 hundred thousand dollars and whose most recent experience rating exceeds
 the  level  of  1.2.   THE COMMISSIONER OF LABOR SHALL ADJUST THE ANNUAL
 PAYROLL AMOUNT IN THIS SUBDIVISION ANNUALLY BEGINNING ON  THE  FIRST  OF
 MARCH  NEXT  SUCCEEDING THE DATE ON WHICH THE CHAPTER OF THE LAWS OF TWO
 THOUSAND EIGHTEEN THAT AMENDED THIS SUBDIVISION SHALL HAVE  BECOME  LAW.
 SUCH  ADJUSTMENT  SHALL BE BASED ON THE PERCENTAGE INCREASE IN THE WAGES
 AND SALARIES FOR PRIVATE INDUSTRY WORKERS  FOR  THE  PRECEDING  CALENDAR
 YEAR  AS  STATED  IN  THE  EMPLOYMENT  COST INDEX REPORTED BY THE UNITED
 STATES BUREAU OF LABOR  STATISTICS.  The  commissioner  of  labor  shall
 promulgate  rules and regulations for the implementation of safety, drug
 and alcohol prevention, and return to work incentive programs.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04629-02-8

 S. 4369--A                          2
 
   2. The commissioner of labor shall  provide  written  notification  to
 employers  whose  most recent annual payroll is in excess of [eight] ONE
 MILLION TWO hundred thousand dollars and whose  most  recent  experience
 rating  exceeds  the  level  of  1.2 that they are required to undergo a
 workplace  safety  and  loss  prevention consultation and written evalu-
 ation. Copies of the written  notification  shall  be  provided  to  the
 department  of  labor  and  the  employer's  insurer.  The employer must
 arrange for the consultation and evaluation  within  thirty  days  after
 receiving  the  notification  and must within ten days thereafter notify
 its insurer and the department of labor in writing of the means by which
 the evaluation is to be accomplished.  The  employer  must  provide  its
 insurer and the department of labor with a copy of the evaluation within
 thirty  days after receiving it from the safety and loss consultant. Any
 remedial action recommended in the evaluation must be implemented by the
 employer within a reasonable period of  time,  but  not  to  exceed  six
 months  after  the employer receives the evaluation. The insurer, within
 sixty days after the expiration of such six month period, shall  conduct
 an  inspection  to ascertain whether the recommended remedial action has
 been implemented, and the insurer shall within forty-five days thereaft-
 er provide to the employer and the department of labor  a  copy  of  its
 inspection report.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S4369

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

May 22, 2018 - Labor Committee Vote

Labor Committee Vote: May 22, 2018

Bill Amendments

co-Sponsors

2017-S4369 - Details

2017-S4369 - Summary

2017-S4369 - Sponsor Memo

2017-S4369 - Bill Text download pdf

co-Sponsors

2017-S4369A (ACTIVE) - Details

2017-S4369A (ACTIVE) - Summary

2017-S4369A (ACTIVE) - Sponsor Memo

2017-S4369A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4369

Share this bill

Sponsored By

Kemp Hannon

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

John A. DeFrancisco

Todd Kaminsky

2017-S4369 - Details

2017-S4369 - Summary

2017-S4369 - Sponsor Memo

2017-S4369 - Bill Text download pdf

co-Sponsors

John A. DeFrancisco

Todd Kaminsky

2017-S4369A (ACTIVE) - Details

2017-S4369A (ACTIVE) - Summary

2017-S4369A (ACTIVE) - Sponsor Memo

2017-S4369A (ACTIVE) - Bill Text download pdf

Comments