Mandatory Workplace Safety: Industrial Code Rule (ICR 59 or Code Rule 59)
In 1996 Gov Pataki signed into Law Legislative Bill 111331 intended to improve workplace safety and control the cost of workers compensation insurance. Section 10 requires that most employers with more than $800,000 in annual payroll AND whose experience modification factor is above 1.20 implement an approved workplace safety and loss prevention program designed and implemented by a Code 59 Certified Safety Consultant.
Download Your Specific Compliance Timeline for ICR 59 or call us at
What You Will Get:
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An excel doc where you can input the date you received or will likely receive your notification & see the deadlines for every step that must be completed.
Note the 3 dates penalties can be assessed! -
Detailed instructions & recommendations for every requirement courtesy of Metropolitan Risk.
CALL (914) 357-8444 for a FREE Consult
Why did get a violation for a Code Rule 59?
If you have not already been notified that you are in violation of code rule 59 you will be shortly by the NY State Department of Labor. We know this because it is public information as to what companies are being subject to Code Rule 59. Every quarter the NY State Workers Compensation Board shares claims information relating to employee injuries with the New York State Department of Labor which administers the program. Unfortunately your companies workers compensation claims experience has triggered this ICR 59 violation.
What’s The Impact of Code Rule 59 On My Company:
In the near time not much; longer term a lot. The NYS Department of Labor gives companies who received the Code Rule 59 violation letter 30 days to notify the NYS Department of Labor and your workers compensation insurance carrier how you will comply with this notification. You then have 75 days from the date of the ICR 59 violation letter to get the Safety Evaluation completed a NYS Dept of Labor Certified Safety Consultant and the report filed. Any remedial action recommended in the evaluation must be fully implemented within the six months following the receipt of evaluation.
Penalty For Code Rule 59 Non Compliance:
Your workers compensation insurance carrier has the right to surcharge your workers compensation insurance policy by 5% off the manual rates in the next policy term following the ICR 59 non compliant period. For every policy term that you remain non compliant an additional 5% is tacked on until you ultimately comply with the Code.
What We Fix:
We have the ability to dispatch a Certified Safety Consultant who can provide the work place injury assessment and file all the necessary paperwork as mandated by code 59 to get your company in compliance so you are not additionally surcharged on your workers compensation policy. Fill out the form if you would like a brief FREE consult on how we can prevent your surcharge.
What the ICR 59 Program Doesn’t Fix:
It’s our experience that while the Code Rule 59 is well intentioned it falls woefully short of helping companies achieve long term, consistent cost savings. The fix of ICR Code 59 is built to be quick but not substantive.
Your Real Opportunity:
Over the years we have found that those companies who learn how to mitigate and manage the cost of employee injuries achieve a significant sustained cost efficiency that becomes a substantial competitive advantage to them in their native marketplace. We recommend a full on assessment of your workers compensation and employee management program so you can learn how to manage work place injuries using Best Practice Management Protocols. Ask how our COMP CARE program can help you become cost efficient / cost consistent.
Metropolitan Risk
1 Bridge Street - Irvington - N.Y. 10533
