Industrial Code Rule 60

What is the Workplace Safety and Loss Prevention Incentive Program (Industrial Code Rule 60)?

Under the Workers’ Compensation Reform Law of 2007, Industrial Code Rule 60 is a discount program that encourages New York State employers to create programs that will decrease workplace injuries and reduce workers compensation costs. Additionally, employers may apply to the Department of Labor for a discount of up to 10% on their workers compensation insurance premium if they establish one or more of the following programs:

– A safety program (4% savings first year, 2% all subsequent years)
– A drug and alcohol prevention program (2% savings first year, 2% all subsequent years)
– A return to work program (4% savings first year, 2% all subsequent years)

Which employers may apply?

The program is for employers insured through the State Insurance Fund (except those in a recognized safety group) or any other insurer that issues policies for workers compensation in the state of New York.

They may apply if they:

1. Pay an annual premium of at least $5,000 and
2. Maintained an experience rating of under 1.30 for the previous two consecutive years and
3. Do not have to comply with a mandatory corrective safety and loss prevention program due to a high experience rating (Code Rule 59) and
4. Implemented any of the three voluntary programs

What is required of each program for it to be approved?

The extensive requirements for each program are detailed in the regulations, but they are flexible so that employers can establish programs tailored to their needs. A Department of Labor certified Specialist can help employers develop each program.

How do employers apply?

  1. The employer must implement a safety program, a drug and alcohol prevention program, and/or a return to work program.
  2. The employer must have the program evaluated by a Department of Labor certified Specialist to ensure their program(s) meet(s) the requirements of the regulations.
  3. The certified Specialist will write an Evaluation Report(s), for the employer to submit with their application. Employers must submit their applications no later than 120 days before the end of their workers compensation insurance policy year.

Workers Comp Cost Relief will both provide the required Evaluation Report(s) as well as assist you in developing and implementing each program.