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Industrial Code Rule 59 (ICR 59) is a mandatory program established by the New York State Department of Labor aimed at enhancing workplace safety and reducing workers’ compensation costs. It requires certain employers to undergo a comprehensive safety and loss prevention consultation and implement recommended safety programs.​

Who Must Comply with ICR 59?

Employers are subject to ICR 59 if they meet the following criteria:​

  • Annual Payroll: Exceeds $800,000.​
  • Experience Modification Rating (EMR): Greater than 1.20

The New York Compensation Insurance Rating Board (NYCIRB) notifies employers who fall within these parameters. Upon receiving such notification, compliance with ICR 59 becomes mandatory. ​

Navigator Risk Management ICR-59 Compliance Services

 

  • Safety Consultations
  • Written Safety Programs
  • Safety and Training
  • Claims and EMR support

Steps to ICR-59 Compliance

 

1. Engage a Certified Consultant: Within 30 days of notification, hire Navigator Risk Management a workplace safety and loss prevention consultant certified by the NY Department of Labor. ​

2. Notify Relevant Parties: Inform both your insurance carrier and the NY Department of Labor about our details and the planned consultation timeline within 40 days of notification. ​

3. Conduct the Consultation: Navigator Risk  will perform a comprehensive evaluation of your workplace, assessing current safety programs and identifying potential hazards. This process must be completed within 75 days of receiving the initial notification. ​

4. Implement Recommendations: Based on our  report, develop and implement a written safety and loss prevention program addressing identified issues. This program should include clear policies, employee training, and mechanisms for ongoing hazard identification and mitigation.

5. Undergo Re-inspection: After implementing the recommended measures, your insurance carrier will conduct a re-inspection to verify compliance. ​

Consequences of Non-Compliance

 

Failure to comply with ICR 59 can result in financial penalties:​

  • Surcharge: A 5% surcharge on the manual portion of your workers’ compensation premium for the next policy period. This surcharge increases by an additional 5% for each subsequent year of non-compliance

For detailed guidelines and resources related to ICR 59, you can refer to the following:

Conclusion

Adhering to ICR 59 not only ensures compliance with New York State regulations but also fosters a safer work environment, potentially leading to reduced injury rates and lower workers’ compensation costs. Engaging proactively with the requirements of ICR 59 demonstrates a commitment to employee well-being and can contribute to the overall success and sustainability of your business.

Contact Your Risk Specialist for More Information