New York State Code Rule 59

Why did I receive a letter from NYCIRB?

If you're a company with a payroll of at least $800,000 and an EMR of at least 1.2, you will have received a letter from NYCIRB indicating that you must retain a certified consultant to perform a Code Rule 59 consultation.

What is Code Rule 59?

Code Rule 59 is New York State's Workplace Safety and Health regulation. The Workplace Safety and Loss Prevention Program was created to reduce workplace injuries and lower Workers’ Compensation costs for employers. You can find specific details on the Program in Section 134 of the Workers’ Compensation Law and the Department of Labor’s (DOL) Industrial Code Rule (ICR) 59. You can access both the statute and the regulations from the DOL web site at:

Now What?

If you receive a notice, you must schedule a consultation and evaluation. The consultation will include:

• A review of your safety procedures;

• An assessment of the employer’s compliance with the requirements of ICR 59; and

• A hazard survey of the workplace. A Consultant certified by the DOL must perform the consultation unless a DOL employee does it.

The Consultant will give you a written evaluation at the end of the consultation. You must send a copy of the evaluation to both the DOL and your insurance carrier. You must include a statement that describes how you will take the remedial action recommended in the evaluation. Specifically:

• Who will do it

• How and when they will do it.

After remediation is completed, your insurer will conduct an inspection. They will make sure that you have complied with the evaluation’s recommendations. The insurer will give a copy of their findings to you and the DOL. If you disagree with the insurer’s findings, you may appeal to the DOL.

Call or email today to schedule your Code Rule 59 Inspection

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