Bill Text: NY A01076 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to workplace safety and loss prevention programs.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-07-15 - enacting clause stricken [A01076 Detail]
Download: New_York-2023-A01076-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1076 2023-2024 Regular Sessions IN ASSEMBLY 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: 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 twenty-three that amended this subdivision shall have become 14 law. Such adjustment shall be based on the percentage increase in the 15 wages and salaries for private industry workers for the preceding calen- 16 dar 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. LBD03241-01-3A. 1076 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.
