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Workers' Comp Safety Incentive Programs

Staff Contact: Ken Pokalsky
July 1, 2009

The Business Council is finalizing comments on proposed regulations implementing workplace safety and loss prevention incentives, as authorized by the 2007 Workers' Comp reform act. We are seeking additional member input on several key issues – discussed below – in finalizing our comments.

This proposal comes in two parts:

Incentives are available in the form of premium discounts for employers covered by commercial carriers, security deposit discounts for self-insured employers, and in the form of contribution discounts for members of self-insured groups.

Both rulemakings are available on our web site at www.bcnys.org/inside/wrkrscom.htm

The Department of Insurance is accepting comments on its discount proposal until Monday, July 6.

The Department of Labor is holding a public hearing on its proposal on its more extensive rulemaking on Monday, July 13 (9:00 AM to 12:30 PM at the State Office Campus, Bldg. 12, Rm 544, Albany, NY), and is accepting comments until July 18.

Discounts – Initial employer program approvals would be for a three year period, with the following discounts:

Key Issue – Do you consider these discounts to be sufficient to encourage adoption and implementation of safety/loss prevention programs?

Program Requirements – The Department of Labor's proposal includes significant procedural requirements, and sets forth mandatory components of applications and approvable programs. For example,

Key Issues – How appropriate are these incentive program requirements? Are they specific requirements that would dissuade your business from participating in these programs?

I appreciate any input you have on these two rulemakings. Please feel free to contact me with any comments or questions.