S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1130
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 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:

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

                                                            LBD03592-01-1

 A. 1130                             2
 
 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.