S T A T E O F N E W Y O R K
________________________________________________________________________
1076
2023-2024 Regular Sessions
I N A S S E M B L Y
January 13, 2023
___________
Introduced by M. of A. ZEBROWSKI, STIRPE, HUNTER, THIELE -- read once
and referred 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 TWENTY-THREE 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 CALEN-
DAR 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.
LBD03241-01-3
A. 1076 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.