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New York Industrial Code Rule 59

Understanding and complying with the updated rating plan.

The rating plan introduced by the New York Compensation Insurance Rating Board (NYCIRB) could impact the way the New York State Industrial Code Rule 59 (NYS ICR 59) is applied to employers. Staying up to date with such regulatory changes and ensuring workplace safety can be a complex and time-consuming task.

Our team of workforce strategies specialists can assist you in understanding NYS ICR 59. We can guide you through the compulsory workplace safety and loss prevention program mandated under this rule, providing you with essential information and steps to ensure compliance.

What is New York State Industrial Code Rule 59?

NYS ICR 59, also known as the Workplace Safety and Loss Prevention Program (WSLPP), was established in 1996 with the goal of reducing workplace injuries and lowering workers' compensation costs for employers. The program consists of a robust assessment of an organization’s safety management system, which must be completed by a ICR 59 licensed consultant.   The safety assessment consists of:

  • A review of safety policies, procedures, and records
  • An evaluation of the company’s performance against 12 mandatory elements
  • A physical hazard survey of the workplace
  • A report with recommendations and required actions

Who does ICR 59 apply to?

ICR 59 applies to all public and private businesses employing workers in New York State, excluding self-insured employers. Compliance with ICR 59 is required unless your company has participated in the workplace safety and loss prevention program required under NYS ICR 59 within the last six years.

The initial notification received from the NYCIRB cannot be appealed and failure to comply with ICR 59 can result in a 5% surcharge applied to your workers' compensation policy premium. This surcharge increases by 5% for every year you are not in compliance, with no cap on the surcharge.  

Complying with ICR 59

If you qualify and receive a notification from the NYCIRB, you are required to follow certain steps. Marsh's NYS licensed consultants are familiar with ICR 59 and are ready to assist you in navigating the rule and successfully completing all required milestones of this program. Our experts can analyze your current safety management system, identify specific areas for improvement, and help you reduce accidents and illnesses.

Contact your Marsh representative to learn more about how we can support you in complying with ICR 59 and improving your workplace safety.

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