S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1458--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, CURRAN -- read once and referred to
   the Committee on Labor -- recommitted to the  Committee  on  Labor  in
   accordance  with Assembly Rule 3, sec. 2 -- 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:
 
   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 EIGHTEEN 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04629-03-8

 A. 1458--A                          2
 
 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
 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.