N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 59-1.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 59-1.11 - Workplace safety and loss prevention consultant-duties and responsibilities

All consultants performing workplace safety and loss prevention consultations for employers under this rule shall comply with the following:

(a) Consultants other than those employed by the department shall be certified by the department in accordance with procedures and criteria set forth in this rule.

(b) Consultations conducted by all consultants shall include both a survey of the workplace and an assessment of the employer's Workplace Safety and Loss Prevention Program.

(c) In the case of employers with more than one work site, the consultant shall consider loss and claim information by location in the same manner as he or she would do for an employer with one work site in order to identify hazards which necessitate remediation.

(d) Wherever industrial hygiene sampling is determined to be necessary during the conduct of such consultation, the consultant shall utilize sampling and analytical procedures generally recognized within the hygiene profession, such as but not limited to the Chemical Information Manual OSHA C PL 2-2.43A. All sample analyses must be performed by a laboratory that has been accredited by the American Industrial Hygiene Association or certified by the New York State Health Department Environmental Laboratory Approval Program (ELAP).

(e) The consultant shall include as a part of the overall consultation an opening conference with the employer, and recognized employee representatives, if any, to discuss:

(1) the manner in which the consultation will be conducted;

(2) the information and other assistance which will be required of the employer in order to allow the consultant to perform his/her function;

(3) the involvement of employees or employee representatives in the consultation; and

(4) the sampling which might be required as part of the consultation as well as the sampling protocols which will be utilized.

(f) Upon completion of the consultation, the consultant will conduct a final closing conference with the employer, and with the recognized employee organization(s) if any, to discuss the consultant's findings and recommendations.

(g) The consultant shall provide the employer with a written report at the conclusion of the consultation. The written report must be forwarded to the employer by the consultant as soon as possible following completion of the consultation but no more than 30 working days from the closing conference date.

(h) The workplace safety and loss prevention consultation report shall, at a minimum, contain the following:

(1) the name(s) of the consultant(s) performing the consultation and, if the consultant is not employed by the department, the department certification number of the consultant;

(2) the name and location of the establishment at which the consultation was performed;

(3) the date(s) on which the consultation was conducted;

(4) the name of the employer for whom the report was prepared and the name of the employer's insurer and contact person;

(5) the activity or activities in which the employer is primarily engaged and a synopsis of the work operation(s);

(6) the number of employees at the work site, the most recent experience modification rate (EMR), standard industrial code (SIC) number and Federal employer identification number (FEIN);

(7) a complete review of each of the required elements of a Workplace Safety and Loss Prevention Program as set forth in section 59-1.9 of this Subpart and an assessment of the employer's compliance with these requirements;

(8) a description of all monitoring performed at the establishment, including the methodology used, the identification of the laboratory processing the sample and the monitoring results achieved; and

(9) identification of and recommendations for the correction of all workplace safety and loss prevention issues or deficiencies noted during the workplace safety and loss prevention consultation.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 59-1.11