134 - Workplace Safety and Loss Prevention Program; Certification of Safety and Loss Management Specialists.

NY Work Comp L § 134 (2019) (N/A)
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(1) a safety incentive plan, that has been recommended by a safety and loss management specialist after such specialist has been certified by the commissioner of labor, or if such plan otherwise conforms to regulations promulgated by the commissioner of labor;

(2) a drug and alcohol prevention program that conforms to regulations issued by the commissioner of labor, in consultation with the office of alcoholism and substance abuse services; and

(3) a return to work program that conforms to regulations issued by the commissioner of labor. The credit for each such program shall be established by regulations issued by the superintendent of financial services. Such regulations shall include provisions for recertification on an annual basis. 7. An individual self-insured employer shall be eligible for a reduction in the security deposit provided for in subdivision three of section fifty of this chapter, and a member of a group shall be eligible for a credit against their contributors if such credit is authorized by the chair and in accordance with limitations set by the chair, if such employer has implemented any or all of the following: a. a safety incentive plan that has been recommended by a safety and loss management specialist after such specialist has been certified by the commissioner of labor or if such plan otherwise conforms to regulations promulgated by the commissioner of labor; b. a drug and alcohol prevention program that conforms to regulations issued by the commissioner of labor, in consultation with the office of alcoholism and substance abuse services; and c. a return to work program that conforms to regulations issued by the commissioner of labor. The credit for each program shall be no greater than established by regulations issued by the superintendent of financial services or such lesser amount as determined by the chair of the board to be necessary to assure that the deposit remains sufficient to secure the employer's liability to pay the compensation provided in this chapter. The chair, in consultation with the superintendent of financial services, shall adopt regulations which provide for recertification on an annual basis. 8. The commissioner of labor shall: (i) receive and review applications from applicants for certification as safety and loss management specialists; and (ii) certify persons as safety and loss management specialists; and (iii) revoke certification of safety and loss management specialists for just cause. 9. The commissioner of labor shall monitor all safety incentive plans implemented by employers. As part of this responsibility, the board shall insure that employee representatives are involved in the development of such plans through meetings and discussions with the respective certified safety and loss management specialist. 10. The commissioner of labor, in consultation with the superintendent of financial services, shall promulgate rules and regulations for the certification of safety and loss management specialists. Such rules and regulations shall include provisions that outline the minimum qualifications for safety and loss management specialists, procedures for certification, causes for revocation or suspension of certification and appropriate administrative and judicial review procedures, and violations and penalties for misuse of certification by certified safety and loss management specialists.