S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9807

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  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  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14756-01-6

A. 9807                             2

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.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.