(c) Specialist requirements for safety incentive program. A specialist must possess at least one of the following qualifications to be eligible for certification for the purpose of conducting an evaluation of a safety incentive program under section 60-1.13 of this Subpart:

1. (1) certification as a certified safety professional (CSP) granted by the Board of Certified Safety Professionals (BCSP); or
2. (2) certification as a certified industrial hygienist (CIH) granted by the American Board of Industrial Hygiene (ABIH); or
3. (3) certification as a certified safety executive (CSE), certified safety manager (CSM), or certified safety specialist (CSS) granted by the World Safety Organization; or
4. (4) New York State license as a professional engineer, with three years of documented professional safety and health experience within the last 10 years prior to the filing of the application for certification; or
5. (5) a Bachelor of Science degree in industrial hygiene, safety, occupational safety and health, biology, chemistry, environmental health and science, physics, engineering, or a related field, with three years documented professional safety and health experience within the last 10 years prior to the filing of the application for certification; or
6. (6) an insurance professional with qualifications as an associate in loss control management or an associate in risk management or a certified loss control specialist plus three years documented appropriate safety and loss prevention experience; or

7. (7) five years of documented professional safety and health experience deemed acceptable to the department within the last 10 years prior to the filing of the application for certification.

   (d) Specialist requirements for drug and alcohol prevention program.

   A specialist must possess at least one of the following qualifications to be eligible for certification for the purpose of conducting an evaluation of a drug and alcohol prevention program under section 60-1.14 of this Subpart:

8. (1) five years of documented professional drug and alcohol prevention experience or employment as an addictions specialist for an organization certified or funded by the Office of Alcoholism and Substance Abuse Services to provide chemical dependence treatment or prevention within the last 10 years prior to the filing of the application for certification; or
9. (2) a graduate degree and one or more years of documented professional experience in an area that is directly related to drug and alcohol prevention work such as psychology, social work, or counseling; or
10. (3) three or more years of documented professional experience and approval as a Credentialed Prevention Professional (CPP); or a Credentialed Prevention Specialist (CPS); or a Certified Employee Assistance Professional (CEAP) certified by the Employee Assistance Certification Commission; or
11. (4) three or more years of documented professional experience and approval as a credentialed alcoholism and substance abuse counselor or a credentialed alcohol and substance abuse prevention professional and prevention specialist that is credentialed by the New York State Office of Alcoholism and Substance Abuse Services shall be considered to meet the definition of specialist certified by the department under this section; or
12. (5) an insurance professional with qualifications as an associate in loss control management or an associate in risk management or a certified loss control specialist plus three years documented professional experience in evaluating drug and alcohol prevention programs;
13. (6) the department will develop criteria for determining whether an applicant’s experience is deemed acceptable for certification as a drug and alcohol prevention specialist in consultation with the Office of Alcoholism and Substance Abuse Services.

(e) Specialist requirements for a return to work program. A specialist must possess at least one of the following qualifications to be eligible for certification for the purpose of conducting an evaluation of a return to work program under section 60-1.15 of this Subpart:

1. (1) five years of documented professional return to work experience deemed acceptable by the department within the last 10 years prior to the filing of the application for certification. Such experience may include, but need not be limited to, provision of those services required to determine if an employee can reasonably be expected to return to suitable gainful employment and those services reasonably necessary to provide an employee with the opportunity to return to suitable gainful employment such as vocational and medical evaluation, counseling, job analysis, job modification assistance, retraining including on-the-job training for alternative employment, formal training, academic instruction, and job placement assistance; or
2. (2) a qualified rehabilitation representative with three or more years of documented professional experience who is capable of developing and implementing a vocational rehabilitation plan and whose regular duties involve the evaluation, counseling, or placement of injured employees including, but not limited to, a Certified Case Manager (CCM), Certified Disability Management Specialist (CDMS), Certified Rehabilitation Counselor (CRC), Certified Vocational Evaluator (CVE), Licensed Rehabilitation Counselor (LRC), American Board of Vocational Experts (ABVE), or a Certified Registered Rehabilitation Nurse (CRRN); or
3. (3) a graduate degree from an accredited institution plus one year of documented professional experience in a human service field specializing in vocational rehabilitation, psychology, vocational counseling, or an equivalent and one or more years experience in such areas as vocational counseling of employees injured in the workplace, assessment, functional capacity measures, psychological testing and measurement, job analysis, job placement, and job surveys; or
4. (4) a vocational case manager with a degree plus three years of documented professional experience in counseling and rehabilitation, disability management, case management, and return to work strategies; or

5. (5) an insurance professional with qualifications as an associate in loss control management or an associate in risk management or a certified loss control specialist plus three years documented professional experience in return to work practices.

   (f) Requirements for multiple incentive program certifications.

6. (1) An individual, who has received certification under section 59-1.12 of the Labor Law and has maintained the certification required by the department, will be deemed qualified to provide the required evaluation of safety incentive programs under section 60-1.13 of this Subpart. Such individuals will be required to notify the department of their intent to perform specialist services under section 60-1.13 of this Subpart. In addition, an individual certified under section 59-1.12 of this Title may receive certification to perform the required evaluations for the drug and alcohol prevention and return to work programs by filing a request with the department to review their qualifications to perform evaluations under sections 60-1.14 and 60-1.15 of this Subpart.
7. (2) An individual certified for at least three years as a consultant under ICR 59 or at least three years as a specialist under this Part to conduct an evaluation for either a safety incentive program, a drug and alcohol prevention program, or a return to work program may apply to the department for certification as a specialist for any of the other programs by demonstrating at least one year of documented professional experience in that field.

(h) A specialist who performs WSLPIP evaluations or designs WSLPIPs or reviews functions set forth in this Part shall limit his or her activities under this Part to the area(s) of their expertise certified by the department.

1. (1) All applications for certification as a specialist shall be submitted to the department in writing on forms provided for that purpose and shall be accompanied by any other information or documentation deemed necessary by the department for the purposes of certification.
2. (2) The department shall notify the applicant in writing of the issuance or denial of the certification or of the need for further information from the applicant in order to process the application. The approval for certification shall be in effect for three years. Notification of denial of an application shall set forth the grounds for such denial.
3. (3) [Reserved]
4. (4) [Reserved]
5. (5) A specialist must apply for recertification every three years.
6. (6) [Reserved]

(i) Certifications.

(k) A specialist’s certification and recertification may be denied, suspended or revoked by the department upon a determination by the department that:

1. (1) the specialist’s evaluation analysis or development of the WSLPIP is in conflict with generally recognized practices that are applicable to the worksite; or
2. (2) the specialist knowingly included false or misleading information in his/her application materials for certification or recertification or in any report required by this Part; or
3. (3) the specialist does not meet the qualifications for certification set forth in this section; or
4. (4) the specialist engaged in improper behavior or conduct calling into question his or her integrity or competence.

(m) A specialist’s certification which has been suspended or revoked may be reinstated under the following circumstances:

1. (1) If the revocation or suspension was premised upon a failure of the specialist to meet the qualifications for certification set forth in section 60-1.17 of this Subpart, upon a demonstration by the specialist that those qualifications have been met.
2. (2) If the revocation or suspension was premised upon findings described in of paragraph (p)(3) of this section, upon the department's review and approval of the re-application for such certification by the individual. Such re-application may be submitted no later than 30 calendar days prior to the expiration of the period of suspension or revocation established by the department.