Workplace Safety & Loss Prevention

We Can Help You Improve Workplace Safety and Lower Costs

Under the Workers’ Compensation Reform Law of 2007, the New York State Department of Labor administers workplace safety and loss prevention programs. The goal is to make workplaces safer and reduce workers’ compensation costs. There are two programs: one required and the other voluntary.

The required program is called Industrial Code Rule 59, Workplace Safety and Loss Prevention. See Code Rule 59. It requires a comprehensive safety and loss prevention consultation and evaluation for an employer with:

• An annual payroll of over $800,000
• A workers' compensation experience modification rating of more than 1.20

The New York Compensation Insurance Rating Board (NYCIRB) issues notices to employers that must participate in the program. You can visit the Rating Board's web page for more information about how they determine who receives the notices. After the notices are sent, the Department of Labor is responsible for monitoring and compliance.

Employers that do not follow the law will receive a 5% surcharge on the manual portion of their workers’ compensation premium. The surcharge goes up an extra 5% for each year they do not comply.

How to Comply with Code Rule 59

The voluntary program is called Industrial Code Rule 60, the Workplace Safety and Loss Incentive Program (WSLPIP). See Code Rule 60. This program gives a credit to insured employers which:

• Are not in a recognized safety group with the New York State Insurance Fund,
• Have an experience rating under 1.30, and
• Pay annual NYS workers’ compensation premiums of at least $5,000.

You can apply for a credit if you implement one or more of the following programs:

• Safety Incentive
• Drug and Alcohol Prevention
• Return-to-Work

Workplace Safety and Loss Prevention Incentive Program (P225)

 How to Apply for an Incentive Credit

Send all correspondence for Code Rule 59 and 60 to:
Program Manager
New York State Department of Labor
Workplace Safety and Loss Prevention Program
State Office Campus, Building 12, Room 167
Albany, NY 12226

Phone: (518) 485-9766
Email: [email protected]