30d
Step 1
Hire a DOL-certified consultant
From the date of the state notice. KMY is on the certified list.
NY DOL · Industrial Code Rule 59 and 60
Certified consultation, on the clock the state gives you.
KMY consultants are NY DOL certified for ICR 59 and 60. We take the notice, run the consultation, deliver the report, and stay with you through remediation and re-inspection.
When it applies
Two conditions. Both must hold.
Trigger 01
Payroll above $800,000
Annual payroll for New York-based employees exceeds the state threshold.
Trigger 02
Experience mod above 1.20
Workers' compensation experience modification rating comes in above the state threshold.
The state notifies you when both conditions hold. From that notice, the clock runs.
The state clock
Six deadlines. Consecutive, unforgiving.
Every date compounds. Miss one, the next one still runs. The 5% premium surcharge stacks per policy period until you close out.
40d
Step 2
Notify DOL and your insurer
Consultation details filed with both parties.
75d
Step 3
Complete the consultation and deliver the report
Procedures review, ICR 59 assessment, workplace hazard survey.
30d
Step 4
Submit evaluation & remediation plan
Filed with DOL and your insurer.
6mo
Step 5
Complete all remedial actions
Corrective actions in the plan, executed and documented.
60d
Step 6
Request re-inspection
Closes the loop with DOL.
Penalty
5% surcharge, cumulative.
Non-compliance triggers a 5% surcharge on your manual-rate premium for the next policy period. It compounds. Two missed periods and you are carrying a 10% penalty into renewal.
Appeal window
30 days after re-inspection.
A non-compliance determination on re-inspection can be appealed. The window is 30 days from the determination. After that the surcharge sticks.
Get on the clock
Just got the notice? Start today.
Send the notice and we scope the consultation within one business day. The 30-day hire window starts the day the state issues the notice, which is usually several days before it reaches you.