New York Laws
Article 7 - Miscellaneous Provisions.
134 - Workplace Safety and Loss Prevention Program; Certification of Safety and Loss Management Specialists.

(1) a safety incentive plan, that has been recommended by a safety and
loss management specialist after such specialist has been certified by
the commissioner of labor, or if such plan otherwise conforms to
regulations promulgated by the commissioner of labor;
(2) a drug and alcohol prevention program that conforms to regulations
issued by the commissioner of labor, in consultation with the office of
alcoholism and substance abuse services; and
(3) a return to work program that conforms to regulations issued by
the commissioner of labor.
The credit for each such program shall be established by regulations
issued by the superintendent of financial services. Such regulations
shall include provisions for recertification on an annual basis.
7. An individual self-insured employer shall be eligible for a
reduction in the security deposit provided for in subdivision three of
section fifty of this chapter, and a member of a group shall be eligible
for a credit against their contributors if such credit is authorized by
the chair and in accordance with limitations set by the chair, if such
employer has implemented any or all of the following: a. a safety
incentive plan that has been recommended by a safety and loss management
specialist after such specialist has been certified by the commissioner
of labor or if such plan otherwise conforms to regulations promulgated
by the commissioner of labor;
b. a drug and alcohol prevention program that conforms to regulations
issued by the commissioner of labor, in consultation with the office of
alcoholism and substance abuse services; and
c. a return to work program that conforms to regulations issued by the
commissioner of labor.
The credit for each program shall be no greater than established by
regulations issued by the superintendent of financial services or such
lesser amount as determined by the chair of the board to be necessary to
assure that the deposit remains sufficient to secure the employer's
liability to pay the compensation provided in this chapter. The chair,
in consultation with the superintendent of financial services, shall
adopt regulations which provide for recertification on an annual basis.
8. The commissioner of labor shall: (i) receive and review
applications from applicants for certification as safety and loss
management specialists; and (ii) certify persons as safety and loss
management specialists; and (iii) revoke certification of safety and
loss management specialists for just cause.
9. The commissioner of labor shall monitor all safety incentive plans
implemented by employers. As part of this responsibility, the board
shall insure that employee representatives are involved in the
development of such plans through meetings and discussions with the
respective certified safety and loss management specialist.
10. The commissioner of labor, in consultation with the superintendent
of financial services, shall promulgate rules and regulations for the
certification of safety and loss management specialists. Such rules and
regulations shall include provisions that outline the minimum
qualifications for safety and loss management specialists, procedures
for certification, causes for revocation or suspension of certification
and appropriate administrative and judicial review procedures, and
violations and penalties for misuse of certification by certified safety
and loss management specialists.