What's happening
This bill lowers the payroll threshold for mandatory workplace safety programs from $800,000 to $1.2 million and requires annual adjustments.
Why it matters
Expands the number of businesses required to implement workplace safety programs. by raising the payroll threshold from $800,000 to $1.2 million, meaning more medium-sized employers must now comply, potentially improving worker safety standards for a larger segment of the workforce.
Introduces annual payroll threshold adjustments based on wage growth. , ensuring the law remains relevant over time and keeps pace with inflation and changing labor market conditions, rather than becoming outdated.
May increase administrative and compliance responsibilities for businesses newly covered by the law. , as they will need to coordinate safety consultations, implement remedial actions, and interact more frequently with regulators and insurers.
Could lead to broader cultural change around workplace safety and loss prevention. in New York, as more employers are compelled to actively monitor and improve their practices, possibly reducing workplace injuries and claims over time.
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Who cares
Employers with annual payrolls over $800,000 through $1.2 million
Those with experience ratings above 1.2 would no longer fall under the compulsory workplace safety and loss prevention program’s initial payroll threshold.
New York State Department of Labor
The commissioner would annually adjust the program’s payroll threshold based on increases in private-industry wages and salaries reported in the federal Employment Cost Index.
Workers’ compensation insurers
The higher payroll threshold would narrow the employers for which insurers receive evaluations and must inspect implementation of recommended remedial actions.
Workers at employers below the new payroll threshold
Their employers would no longer be subject to this program’s required safety consultations, written evaluations and recommended remedial actions.
Headline styles
Expand Workplace Safety Program
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Print number 1458a
- Amend and recommit to labor
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Workplace Safety Rules
In Senate Committee · Finance · Sponsor Kemp Hannon
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1458--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. ZEBROWSKI, CURRAN -- read once and referred to the Committee on Labor -- recommitted to the Committee on Labor in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the workers' compensation law, in relation to workplace safety and loss prevention programs
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1 and 2 of section 134 of the workers' compensation law, as amended by chapter 6 of the laws of 2007 and subdivision 1 as further amended by section 104 of part A of chapter 62 of the laws of 2011, are amended to read as follows:
1. The commissioner of labor, in consultation with the superintendent of financial services and the chair of the board shall develop a compulsory workplace safety and loss prevention program for all employers whose most recent annual payroll is in excess of [eight] one million two hundred thousand dollars and whose most recent experience rating exceeds the level of 1.2. The commissioner of labor shall adjust the annual payroll amount in this subdivision annually beginning on the first of March next succeeding the date on which the chapter of the laws of two thousand eighteen that amended this subdivision shall have become law. Such adjustment shall be based on the percentage increase in the wages and salaries for private industry workers for the preceding calendar year as stated in the Employment Cost Index reported by the United States Bureau of Labor Statistics. The commissioner of labor shall promulgate rules and regulations for the implementation of safety, drug and alcohol prevention, and return to work incentive programs.
2. The commissioner of labor shall provide written notification to employers whose most recent annual payroll is in excess of [eight] one million two hundred thousand dollars and whose most recent experience
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04629-03-8
A. 1458--A 2
rating exceeds the level of 1.2 that they are required to undergo a workplace safety and loss prevention consultation and written evaluation. Copies of the written notification shall be provided to the department of labor and the employer's insurer. The employer must arrange for the consultation and evaluation within thirty days after receiving the notification and must within ten days thereafter notify its insurer and the department of labor in writing of the means by which the evaluation is to be accomplished. The employer must provide its insurer and the department of labor with a copy of the evaluation within thirty days after receiving it from the safety and loss consultant. Any remedial action recommended in the evaluation must be implemented by the employer within a reasonable period of time, but not to exceed six months after the employer receives the evaluation. The insurer, within sixty days after the expiration of such six month period, shall conduct an inspection to ascertain whether the recommended remedial action has been implemented, and the insurer shall within forty-five days thereafter provide to the employer and the department of labor a copy of its inspection report.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.