ICR-59 Services
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.