Receiving a notice from NYCIRB about Industrial Code Rule 59 (ICR 59) can leave you feeling uncertain about what to do next. Many New York employers share similar concerns when first facing compliance requirements.
You might wonder how to manage this process without interrupting daily operations. Fortunately, meeting ICR 59 requirements can be simpler than it initially appears.
In this article, you’ll find clear explanations about ICR 59 and how the compliance process works. You’ll also learn how a certified consultant like Menotti Enterprise can help your business meet these obligations.
What Is Industrial Code Rule 59 (ICR 59)?
Industrial Code Rule 59 (ICR 59) is a regulation enforced by the New York State Department of Labor. It requires employers to establish a workplace safety and loss prevention program. The goal of the law is to reduce workplace injuries and lower your company’s workers’ compensation costs.
Who Must Comply With ICR 59?
Your company must comply with Code Rule 59 if it meets these two specific requirements:
- Your annual payroll is more than $800,000.
- Your Experience Modification Rate (EMR), set by NYCIRB, is above 1.20.
If your business meets both conditions, the New York Compensation Insurance Rating Board (NYCIRB) sends you a notification. Once notified, you must schedule a consultation with a certified safety consultant within 30 days.
How Does the Consultation Work?
During the consultation, your safety practices will be reviewed closely. The consultant then provides a report outlining any safety deficiencies found. You are required to address these recommendations within six months to maintain compliance.
Consequences of Non-compliance
If your company does not comply with Code Rule 59, your insurance carrier applies a surcharge. The penalty starts at 5% of your workers’ compensation premiums. The surcharge continues to increase each year you remain out of compliance.
Taking immediate action after receiving your NYCIRB notification protects your employees and helps avoid unnecessary penalties.
How to Comply With Industrial Code Rule 59
Once you receive an official notice from NYCIRB, you have specific deadlines to meet for compliance. Acting promptly prevents costly penalties and helps you maintain workplace safety standards.
Here are the steps you must follow:
Step 1: Select a Certified Safety Consultant Within 30 Days
You must choose a certified safety consultant within 30 days of your NYCIRB notice. This consultant performs a thorough safety evaluation of your workplace.
Certified consultants are listed through the New York State Department of Labor. After choosing one, immediately document their name and certification number.
Step 2: Notify the Department of Labor Within 10 Days
After hiring your consultant, notify your workers’ compensation insurance carrier and the Department of Labor promptly. You have just 10 days to submit this information.
Clearly state your consultant’s name, certificate number, and when the consultation is scheduled to start.
Step 3: Complete the Consultation Within 75 Days
Your safety consultant will visit your facility and conduct a complete review. During this process, the consultant identifies any safety practices that require improvement.
You must complete this evaluation within 75 days of receiving your initial notification from NYCIRB.
Step 4: Submit Your Consultant’s Report and Action Plan
After completing the evaluation, your consultant gives you a detailed report highlighting deficiencies. Submit copies of this report to the Department of Labor and your insurance carrier within 30 days.
Along with the report, you must also include:
- A clear action plan outlining how you’ll fix each deficiency.
- Specific dates for starting and completing the corrections.
- Names of any external services hired to assist with corrections.
Step 5: Implement All Recommended Changes Within 6 Months
You have up to six months after receiving the consultant’s report to fix every identified issue. Document each action you take clearly.
After this period, your insurance carrier will re-inspect your workplace. They will confirm whether you’ve fully addressed the issues identified by the consultant.
Meeting these deadlines protects your company financially. It also demonstrates your commitment to workplace safety.
How To Choose a Certified Safety Consultant for ICR 59
Selecting a certified safety consultant is an important part of complying with Industrial Code Rule 59. Your consultant’s experience directly influences your ability to meet requirements on time.
Verify Consultant Certification
Your safety consultant must hold a valid certification from the New York State Department of Labor. Confirm this certification before making your final decision.
A certified consultant meets state standards and understands specific compliance details required by Code Rule 59.
Consider Industry Experience
Choose someone who has performed safety evaluations similar to your industry. Each industry has unique hazards, and your consultant should recognize these quickly.
Ask consultants about their previous work and specific safety issues they have resolved for similar companies.
Clarify Costs Up Front
Consultation costs vary widely, and the Department of Labor does not regulate these fees. Before selecting a consultant, request a clear cost breakdown.
Ask whether the quoted price includes follow-up support, report preparation, and assistance during the inspection phase.
Questions to Ask Potential Consultants
Prepare specific questions when meeting potential consultants to simplify your decision:
- Can you provide proof of your New York State certification?
- How much experience do you have with companies similar to ours?
- What is included in your service beyond the initial evaluation?
- Can you provide references from previous clients?
These questions help you identify the consultant best prepared to guide your company through compliance.
Menotti Enterprise Helps You Comply With Code Rule 59
At Menotti Enterprise, we guide you through the compliance process for Industrial Code Rule 59. Our certified consultants know how to help your business meet the state’s requirements clearly and on time.
Certified Safety Consulting
Our consultants hold certifications from the New York State Department of Labor. They visit your facility to complete an in-depth safety evaluation.
After identifying any potential hazards, we provide you with clear recommendations for improvements. You receive an actionable plan to address each issue and achieve compliance quickly.
Complete Safety Management Services
Menotti conducts thorough safety audits and detailed risk assessments. We carefully examine your workplace and spot potential safety risks that may go unnoticed.
Our team also has expertise in OSHA standards, allowing you to meet multiple safety regulations simultaneously.
Employee Safety Training
Proper employee training is important to maintain compliance. We deliver customized safety training programs focused specifically on your workplace and industry requirements.
These training sessions communicate safety procedures to your employees. They help your team stay informed and prepared.
Documentation and Ongoing Support
We assist you in preparing all required documentation for submission to the Department of Labor. Our consultants manage deadlines, organize reports, and ensure everything is accurate and complete.
Our team continues to provide support through your follow-up inspection. Menotti stays involved until your business fully complies with Industrial Code Rule 59.
Why New York Employers Trust Menotti Enterprise
New York employers trust Menotti Enterprise because we deliver clear guidance and consistent results. Our goal is to keep your workplace safe and your compliance process simple.
When you work with us, you benefit from:
- Proven success in reducing workplace incidents and safety violations.
- Certifications from New York State and New York City authorities.
- Responsive consultants who answer your questions quickly and clearly.
- Reliable support to manage your workers’ compensation costs.
What Should You Do After Receiving Your ICR 59 Notice?
Once you receive your Industrial Code Rule 59 notice from NYCIRB, act promptly to avoid penalties. Quick responses help you stay compliant and protect your employees from potential workplace hazards.
Follow these steps right away:
- Contact a certified safety consultant within 30 days.
- Notify your insurance carrier and the Department of Labor about the consultant you hired within 10 days.
- Schedule and complete your safety evaluation within 75 days.
- Submit the consultant’s report and your compliance plan within 30 days of the evaluation.
- Correct all safety deficiencies within six months.
Menotti Enterprise provides consulting services related to ICR 59 compliance. To get started, contact us and speak with a certified consultant today!
Frequently Asked Questions (FAQs)
How is my Experience Modification Rate calculated?
Your Experience Modification Rate is calculated by NYCIRB using your company’s payroll and loss history from the previous three years. They compare your history against other businesses in the same industry classification.
Can I appeal a compliance notice from NYCIRB?
You can request a review if you believe your payroll or loss history data is incorrect. To start the appeal process, contact your insurance carrier immediately.
What happens if I miss an ICR 59 reporting deadline?
Missing deadlines leads to penalties. Your insurance carrier applies a 5% surcharge to your workers’ compensation premiums, increasing annually if unresolved.
Are compliance deadlines flexible if circumstances change?
No formal appeals for deadline extensions exist. If you face unusual circumstances, document them carefully and contact the Department of Labor immediately.
