Sec. 60-1.16. Safety and loss management specialist-duties and responsibilities

(a) A specialist performing WSLPIP evaluations under this Part, at a minimum, shall:

(1) conduct an opening conference with the employer and employee representatives, including the recognized representative of each collective bargaining unit, where applicable, to discuss:

(i) the manner in which the evaluation(s) will be conducted; and

(ii) the records and information required of the employer in order to allow the specialist to perform the evaluation;

(2) meet with employer and employee representatives, including the recognized representative of each collective bargaining unit, where applicable, to receive information and input relevant to the development of the program;

(3) include an analysis of the historical loss and claim information associated with each site in the evaluation;

(4) wherever industrial hygiene sampling is determined to be necessary as part of the evaluation, conduct such sampling in accordance with those sampling and analytical procedures generally recognized within the industrial hygiene profession, such as, but not limited to, the Chemical Information Manual OSHA CPL 2-2.43A. All sample analyses must be performed by a laboratory that has been accredited by the American Industrial Hygiene Association (AIHA) or certified by the New York State Health Department Environmental Laboratory Approval Program (ELAP);

(5) conduct a closing conference with the employer and employee representatives, including the recognized representative of each collective bargaining unit, where applicable, to discuss the findings and recommendations for implementation of the WSLPIP;

(6) prepare an evaluation report on a form and in a manner developed by the department and provide the report to the employer. The specialist may include the evaluation findings from multiple sites in a single evaluation report.

(b) The evaluation report shall contain, at a minimum, the following:

(1) the name, address, and contact information of the specialist performing the evaluation and, if the specialist is not employed by the department, the certification number of the specialist;

(2) the name, address, contact information and FEIN of the employer for whom the report was prepared, and the name, address, and contact information of any employee representative that participated in the evaluation;

(3) the name and location of the worksite(s) where the evaluation was performed;

(4) the date(s) on which the evaluation(s) was (were) conducted;

(5) the name and contact information of the employer’s workers’ compensation insurer and applicable workers’ compensation policy number, or, in the case of individually self-insured employers, the name and contact information of the employer’s self-insurance representative to the board;

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

(7) the number of all employees at each location and the employer’s NAICS code job classification;

(8) a complete review of each of the required elements of the specific WSLPIP as set forth in section 60-1.13, 60-1.14, or 60-1.15 of this Subpart and an assessment of the employer's compliance with these requirements;

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

(10) a list of recommendations for the implementation of the employer’s WSLPIP.