ICR-59 Services

Industrial Code Rule 59 (ICR 59) is a mandatory program established by the New York State Department of Labor aimed at enhancing workplace safety and reducing workers’ compensation costs. It requires certain employers to undergo a comprehensive safety and loss prevention consultation and implement recommended safety programs.​

Who Must Comply with ICR 59?

Employers are subject to ICR 59 if they meet the following criteria:
Annual Payroll: Exceeds $800,000.​
Experience Modification Rating (EMR): Greater than 1.20

The New York Compensation Insurance Rating Board (NYCIRB) notifies employers who fall within these parameters. Upon receiving such notification, compliance with ICR 59 becomes mandatory. ​

Navigator Risk Management ICR-59 Compliance Services

  • Safety Consultations
  • Written Safety Programs
  • Safety and Training
  • Claims and EMR Support

Steps to ICR-59 Compliance

  1. Engage a Certified Consultant: Within 30 days of notification, hire Navigator Risk Management a workplace safety and loss prevention consultant certified by the NY Department of Labor.
  2. Notify Relevant Parties: Inform both your insurance carrier and the NY Department of Labor about our details and the planned consultation timeline within 40 days of notification.
  3. Conduct the Consultation: Navigator Risk will perform a comprehensive evaluation of your workplace, assessing current safety programs and identifying potential hazards. This process must be completed within 75 days of receiving the initial notification.
  4. Implement Recommendations: Based on our report, develop and implement a written safety and loss prevention program addressing identified issues. This program should include clear policies, employee training, and mechanisms for ongoing hazard identification and mitigation.
  5. Undergo Re-inspection: After implementing the recommended measures, your insurance carrier will conduct a re-inspection to verify compliance. ​

Consequences of Non-Compliance

Failure to comply with ICR 59 can result in financial penalties:

Surcharge: A 5% surcharge on the manual portion of your workers’ compensation premium for the next policy period. This surcharge increases by an additional 5% for each subsequent year of non-compliance

For detailed guidelines and resources related to ICR 59, you can refer to the following:

Conclusion

Adhering to ICR 59 not only ensures compliance with New York State regulations but also fosters a safer work environment, potentially leading to reduced injury rates and lower workers’ compensation costs. Engaging proactively with the requirements of ICR 59 demonstrates a commitment to employee well-being and can contribute to the overall success and sustainability of your business.

Contact Your Risk Specialist for More Information