NY State Senate Bill 2021-S1396

Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Jan 11, 2021	referred to labor

2021-S1396 (ACTIVE) - Details

See Assembly Version of this Bill:: A1130
Current Committee:: Senate Labor
Law Section:: Workers' Compensation Law
Laws Affected:: Amd §134, Work Comp L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A9807
2017-2018: S4369, A1458
2019-2020: S4757, A3547
2023-2024: A1076

2021-S1396 (ACTIVE) - Summary

Relates to workplace safety and loss prevention programs.

2021-S1396 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1396

SPONSOR: BROOKS
 
TITLE OF BILL:

An act to amend the workers' compensation law, in relation to workplace
safety and loss prevention programs

 
PURPOSE:

The purpose of this bill is to update the annual payroll amount that
triggers the requirement for employers to undergo a workplace safety and
loss prevention consultation and written evaluation.

 
SUMMARY OF PROVISIONS:

Section 1. amends subdivisions 1 and 2 of section 134 of the workers'
compensation law by changing the $800,000 annual payroll threshold to
$1.2 million. Annually thereafter, the payroll threshold would be
adjusted based upon data in the Employment Cost Index reported by the
United States Bureau of Labor Statistics.

Section 2. is the enacting clause.

 
JUSTIFICATION:

The Workplace Safety & Loss Prevention Program was created in 1997 by
statute to reduce workplace injuries. The program is required for all
employers whose most recent annual payroll is in excess of $800,000 and
whose most recent experience rating exceeds the level of 1.2.  Employers
who meet these criteria are required to undergo a workplace safety and
loss prevention consultation and evaluation.

Employers required to undergo a consultation and evaluation must pay a
fee for the required consultation, which must be performed by a certi-
fied consultant. These fees can be substantial. Any additional costs
incurred during the course of the consultation, such as sampling, labo-
ratory fees and laboratory reports, must be paid by the employer in
addition to the consultation fee. If remedial action is recommended by
the consultant, it must be implemented by the employer within six
months. Employers can spend several thousands of dollars to comply with
the requirements of the statute.

Over the last 21 years, payrolls have increased substantially. The law,
which was originally intended to apply to larger employers, is now
capturing smaller ones because the payroll threshold has not been
adjusted. A recent annual report of the Workers Compensation Insurance
Rating Board, which administers the program, indicates a 46% increase in
the number of employers who were required to under go a safety and loss
prevention consultation and evaluation in 2014 compared to 2013. The
failure to update the payroll threshold to reflect current labor costs
is resulting in increased administrative and financial burdens on New
York's small businesses.

Therefore, the $800,000 payroll threshold needs to be adjusted to
reflect today's payroll costs. Based upon the increase in wages and
salaries of private industry workers as reported by in the Employment
Cost Index published by the U.S. Bureau of Labor Statistics, a payroll

threshold of $800,000 in 1997 would equate today to approximate $1.2
million in today's dollars.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2021-S1396 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1396
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed 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

 S. 1396                             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.

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Senate Bill S1396

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

2021-S1396 (ACTIVE) - Details

2021-S1396 (ACTIVE) - Summary

2021-S1396 (ACTIVE) - Sponsor Memo

2021-S1396 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1396

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Sponsored By

John E. Brooks

Archive: Last Bill Status - In Senate Committee Labor Committee

2021-S1396 (ACTIVE) - Details

2021-S1396 (ACTIVE) - Summary

2021-S1396 (ACTIVE) - Sponsor Memo

2021-S1396 (ACTIVE) - Bill Text download pdf

Comments