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New York State: Code Rule 59



The New York State Department of Labor serves as administrator of the Workplace Safety and Loss Prevention Program. There are two main programs; one is required (Rule 59) and the other voluntary (Rule 60).


Today, we'll be discussing the mandatory Rule 59. Officially, this is known as the Department of Labor's Industrial Code Rule 59, or "DOL ICR 59". The full statute can be found HERE.


Unsure if your company meets the program criteria? It requires a comprehensive safety and loss prevention consultation and evaluation for an employer with BOTH:

  • Annual payroll above $800,000

  • Workers' comp experience rating over 1.2

If you do meet these criteria, you will be notified by the New York State Compensation Insurance Rating Board (CIRB). Notices are sent out several times per year.


Once a notice is administered, it is effective from the day it's received in the mail. This is especially important because the CIRB also notifies the DOL, so compliance is fully monitored.


Upon receiving the notice, you and your company have:

  • 30 days to make the appointment for a consultation and evaluation

  • 10 days after making the appointment to tell your insurer and the Labor Department (by letter, email, or fax) the date of the evaluation and the name, address, and Certification Number of the Consultant who will do it

  • 75 days to complete the consultation and evaluation

Compliance with these standards are imperative, and it can become overwhelming. Feel free to contact RCI today to find out how we help you get compliant!

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