STATE OF NEW YORK
________________________________________________________________________
4369--A
2017-2018 Regular Sessions
IN SENATE
February 10, 2017
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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:
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 eighteen 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04629-02-8
S. 4369--A 2
1 2. The commissioner of labor shall provide written notification to
2 employers whose most recent annual payroll is in excess of [eight] one
3 million two hundred thousand dollars and whose most recent experience
4 rating exceeds the level of 1.2 that they are required to undergo a
5 workplace safety and loss prevention consultation and written evalu-
6 ation. Copies of the written notification shall be provided to the
7 department of labor and the employer's insurer. The employer must
8 arrange for the consultation and evaluation within thirty days after
9 receiving the notification and must within ten days thereafter notify
10 its insurer and the department of labor in writing of the means by which
11 the evaluation is to be accomplished. The employer must provide its
12 insurer and the department of labor with a copy of the evaluation within
13 thirty days after receiving it from the safety and loss consultant. Any
14 remedial action recommended in the evaluation must be implemented by the
15 employer within a reasonable period of time, but not to exceed six
16 months after the employer receives the evaluation. The insurer, within
17 sixty days after the expiration of such six month period, shall conduct
18 an inspection to ascertain whether the recommended remedial action has
19 been implemented, and the insurer shall within forty-five days thereaft-
20 er provide to the employer and the department of labor a copy of its
21 inspection report.
22 § 2. This act shall take effect on the first of January next succeed-
23 ing the date on which it shall have become a law.
