Sec. 60-1.4. Eligibility

(a) An employer insured by the New York State Insurance Fund (except for an employer who is a current State Insurance Fund policy holder in a recognized safety group) or by any other authorized insurer that issues policies of workers' compensation insurance shall be eligible for the WSLPIP incentive if:

(1) the employer pays annual workers' compensation insurance premiums of at least $5,000; and

(2) the employer's workers' compensation experience rating is under 1.30 for the year preceding the employer's application to the department and for the year(s) in which the application is made and approved by the department; and

(3) the employer implements any one or more of the following programs that comply with all requirements set forth in this Part:

(i) a safety incentive program;

(ii) a drug and alcohol prevention program; and

(iii) a return to work program.

(b) An individually self-insured employer shall be eligible for a reduction in the security deposit as required by subdivision three of section 50 of the Workers' Compensation Law if:

(1) the individually self-insured employer implements any one or more of the following programs that comply with all requirements set forth in this Part:

(i) a safety incentive program;

(ii) a drug and alcohol prevention program; and

(iii) a return to work program.

(c) The employer must comply with the procedures set forth in this Part and with New York State Labor Law and Worker's Compensation Law.

(d) No employer required to implement a mandatory safety and loss prevention program pursuant to section 134(1) of the Workers' Compensation Law is eligible for a WSLPIP incentive until that employer has fully complied with provisions of that section, has met the criteria for eligibility to participate in the WSLPIP, and has implemented a WSLPIP as set forth in this Part.

(e) Employers that have already implement a safety incentive program, a drug and alcohol prevention program, and/or a return to work program may apply for an incentive provided that such preexisting program(s) conform(s) to the provisions of this Part. Programs implemented and in place prior to the effective date of this Part must go through the same evaluation, application, and review process as new programs.

(f) A member of a group shall be eligible for a credit against its contributions if such credit is contemplated as part of their annual rate analysis and is authorized by the chair and in accordance with limitations set by the chair, and if such employer has implemented any one or more of the following programs that comply with all requirements set forth in this Part:

(1) a safety incentive program;

(2) a drug and alcohol prevention program; and

(3) a return to work program.