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  • Subpart 56-2

Subpart 56-2

LICENSING AND CERTIFICATION

Sec.
  • 56-2.1     Licensing requirements and procedures
  • 56-2.2     Certification requirements and procedures
  • 56-2.3     Replacement of licenses and certificates
  • Historical Note:  Subpart (ยงยง56-2.1 - 56-2.2) filed July 7, 1987 eff. July 28, 1987.


    56-2.1    Licensing requirements and procedures.

         (a)   License required.  No contractor shall engage in an asbestos project unless such contractor has a valid asbestos-handling license issued by the commissioner. All firms, corporations or other business entities providing management planning, project design, monitoring, inspection and/or air monitoring services shall obtain an asbestos handling license. In addition, the individuals employed by such firms, corporations or other business entities shall obtain the asbestos handling certificate appropriate to the tasks performed by such individuals.

        (b)   Proof of license.  A copy of a valid asbestos-handling license, or other proof of the issuance of a valid asbestos-handling license deemed suitable by the commissioner, shall be submitted by the bidder to the party soliciting bids prior to the award of any public works contract, all or part of which involves an asbestos project.

         (c)   Display of license.  A copy of a valid asbestos-handling license shall be conspicuously displayed proximate to but outside the work area on an asbestos project.

         (d)   Application for license and renewal.  (1)  All applications for asbestos-handling licenses shall be submitted in writing on forms furnished by the commissioner. Copies of such forms may be obtained from the New York State Department of Labor, Asbestos Licensing and Certification Unit, One Main Street, Brooklyn, NY 11201.

     

    (2)  Completion of such forms may require the inclusion of any information required by the commissioner.

    (3)  Each license application shall contain a verified statement, by the contractor applying for the license or its duly authorized representative, that any person employed by the contractor on the asbestos project shall have a valid asbestos-handling certificate as required by this Part, that the contractor will provide such person with a copy of this Part (rule) and notify him/her of the obligation to abide by its provisions, and that the contractor will abide by all the rules and regulations promulgated by the Commissioners of Labor and Health pursuant to article 30 of the Labor Law. Management planners, project designers, and project monitors shall obtain an asbestos handling license in addition to the asbestos handling certificate appropriate to the task performed by such person. (See definition of "contractor" at section 56-1.4 [z] of this Part). Each license application shall include the name of the supervisor designated as the contractor's agent as required by section 902(1) of the Labor Law. Any changes or follow-up to the information contained in the contractor's license application, (including but not limited to changes in address, principals, ownership, designated supervisor[s], and insurance coverage,) shall be reported in writing to the Asbestos Licensing and Certification Unit, New York State Department of Labor, One Main Street, Brooklyn, NY 11201, within 30 calendar days of the effective date of any change.

    (4)  Completed applications shall be sent to the address specified in the application package, accompanied by a nonrefundable application fee in the amount set forth in section 903 of the Labor Law. The fee shall be paid in the form of a bank or postal money order, bank cashier's check or non-certified check payable to the Commissioner of Labor. Any such checks which are returned to the commissioner as unpaid, for any reason, shall be subject to a return check processing fee of $20 and any entity submitting such checks to the department may be subject to all other appropriate penalties set forth in statute and code, including but not limited to the immediate suspension/revocation of any license granted on the basis of such payment. No other instruments shall be used for payment of an application fee.

    (5)  The commissioner shall notify the license applicant in writing, no later than 30 days from receipt of the license application, of the issuance or denial of the license or the need for further information from the applicant in order to process the license application. Notification of denial of a license on any grounds other than failure to complete the license application shall set forth the grounds for such denial.

    (6)  An applicant denied a license on any grounds other than failure to complete a  license application may request a hearing before the commissioner or his/her designee by submitting a written request for such hearing within 10 days of receipt of denial.

    (7)  An asbestos-handling license shall be valid for a period of one year from date of issuance.

    (8)  Approximately two months prior to the expiration of an asbestos handling license, the commissioner shall contact the license holder and inform him/her of the need to renew the asbestos handling license. The commissioner shall also furnish a renewal application to the licensee. The renewal application may request the license holder to inform the commissioner of any changes in information previously provided to the Division of Safety and Health Licensing and Certification Unit, and any other information deemed by the commissioner to be relevant.

    (9)  Completed renewal applications shall be sent to the address specified in the application package, accompanied by a nonrefundable renewal application fee in the amount set forth in section 903 of the Labor Law. The fee shall be paid in the form of a bank or postal money order, bank cashier's check or non-certified check payable to the Commissioner of Labor. Any such checks which are returned to the commissioner as unpaid, for any reason, shall be subject to a return check processing fee of $20 and any entity submitting such checks to the department may be subject to all other appropriate penalties set forth in statute and code, including but not limited to the immediate suspension/revocation of any license granted on the basis of such payment. No other instrument shall be used for payment of a renewal application fee.

     (10)  The commissioner shall notify license renewal applicants in writing of the issuance or denial of the license renewal or the need for further information from the applicant in order to process the renewal application. Notification of denial of a license renewal on any rounds other than failure to complete the renewal application shall set forth the grounds for such denial.

    (11)  An applicant denied renewal of a license on any grounds other than failure to complete a license renewal application may request a hearing before the commissioner or his/her designee by submitting a written request for such hearing within 10 days of receipt of denial.

    Historical          Sec. filed July 7, 1987; amds. filed: Oct. 18, 1991; Oct. 25, 1994 eff. Nov. 9, 1994.           Note:                  Amended (d)(4), (9).

     

    56-2.2    Certification requirements and procedures.

         (a)   Certification and training required.  No contractor shall engage in or permit a person employed by the contractor to engage in or supervise work on an asbestos project unless each such person has a valid asbestos handling certificate issued by the commissioner appropriate to the work performed by such person on an asbestos project as defined elsewhere in this Part (rule). Training for all certificates hereafter set forth shall meet all requirements established by the New York State Department of Health.

         (b)   Employee certification.  Any person employed by a contractor on an asbestos project shall have an appropriate asbestos handling certificate or a copy thereof in his/her possession at all times during his/her work on the project. Should the commissioner at any time deem it impractical for such certificates or copies thereof to be maintained in the possession of such persons, the commissioner may permit some appropriate alternate location proximate to but outside the work area at which such certificates or copies thereof may be kept by the contractor for inspection by the commissioner or his agents. No contractor shall compel the holder of any asbestos handling certificate to surrender the original thereof for safekeeping, display, or any other purpose.

           (c)   The following categories of certification shall be issued pursuant to this Subpart:

     

         (1)  Asbestos handler certificate. Any person who, within a work area, removes, encapsulates or disturbs friable asbestos, or who handles asbestos material in any manner which may result in the release of asbestos fiber, and whose duties are not otherwise described in paragraphs (2) through (9) of this subdivision shall possess a valid asbestos handler certificate and shall have such certificate or a copy thereof in his/her possession at all times while working on the project.

         (2)  Restricted asbestos handler-allied trades certificate.  Any person performing any limited or special tasks in preparation for or ancillary to an asbestos project, such as a carpenter, electrician, plumber or similar occupation, or any other person who may incidentally disturb asbestos during the course of any employment, shall possess a valid restricted asbestos handler - allied trades certificate and shall have such certificate or a copy thereof in his/her possession at all times while working on the project.

         (3)  Asbestos project air sampling technician certificate.   Any person who performs air sampling inside the enclosure as required by section 56-17.4 of this Part shall possess a valid asbestos project air sampling technician certificate and shall have such certificate or a copy thereof in his/her possession at all times while working on the project.

    Note: A person who possesses an asbestos handler certificate may not perform the tasks described in this paragraph without obtaining an asbestos project air sampling technician certificate.

     

       (4)  Inspector certificate. Any person who performs the limited tasks involved in the survey, identification and assessment of the condition of asbestos and asbestos material and the recording and reporting thereof, or who is involved in the collection of bulk samples of asbestos material or suspected asbestos material for laboratory analysis shall possess a valid inspector certificate and shall have such certificate or a copy thereof in his/her possession at all times while working on the project.

       (5)  Operation and maintenance certificate.   Any person who performs operations, maintenance and repair activities of small scale and short duration which may disturb asbestos or asbestos material shall possess a valid operations and maintenance certificate and shall have such certificate or a copy thereof in his/her possession at all times while working on the project.

     

    Note:  Operations and Maintenance certification permits the holder to work only on minor asbestos projects as defined in section 56-1.4 of this Part.

     

       (6) Supervisor certificate.   Any person who performs supervision of persons (other than authorized visitors) permitted to enter the work area, shall possess a valid supervisor certificate and shall have such certificate or a copy thereof in his/her possession at all times while working on the project.

       (7) Project designer certificate.  Any person who plans the scope, timing, phasing and/or remediation methods to be utilized on any asbestos project shall possess a valid project designer certificate and shall have such certificate or a copy thereof in his/her possession at all times while working on the project.

       (8) Project monitor certificate.  Any person, other than an asbestos abatement contractor, or an employee or agent thereof, who oversees the scope, timing, phasing and/or remediation methods to be utilized on any asbestos project shall possess a valid project monitor certificate and shall have such certificate or a copy thereof in his/her possession at all times while working on the project.

       (9)  Management planner certificate.  Any person who assesses the hazard posed by the presence of asbestos or asbestos-containing material and/or who recommends appropriate response actions and a schedule for such response actions shall possess a valid management planner certificate and shall have such certificate or a copy thereof in his/her possession at all times while working on the project.

       (d)   Proof of course completion.  An asbestos handling certificate shall not be issued without submission by the applicant of proof satisfactory to the commissioner of successful completion of an approved asbestos safety program. As an alternative to completing the approved asbestos safety program for the specific title for which certification is sought, the following equivalent courses may be substituted by applicants seeking the titles specified hereunder:

     

    To satisfy training requirements in this discipline(s): One can substitute successful completion of training in this discipline(s):
    Allied Trades, Operations and Maintenance Project Monitor
    Asbestos Project Air Sampling Technician Contractor/Supervisor or Asbestos Handler
    Allied Trades Refresher, Project Monitor Refresher
    Operations and Maintenance Refresher Asbestos Handler Refresher or Contractor/Supervisor Refresher

       (e)   Age requirement.An asbestos handling certificate shall not be issued to any person prior to his/her 18th birthday.

       (f)   Application for certification and renewal.  All applications for asbestos handling certificates and renewals shall be submitted as follows:

     

       (1) All applications for asbestos handling certificates shall be submitted in writing on forms furnished by the commissioner. Copies of such forms may be obtained from the New York State Department of Labor, Division of Safety and Health, License and Certificate Unit.

       (2) Completion of such forms may require the inclusion of any information deemed appropriate by the commissioner. Along with such application forms, every applicant shall submit full face photographs of himself/herself in such numbers and sizes as the commissioner shall prescribe. Such photographs shall have been taken within 30 days of such submission.

       (3)  Each application for an asbestos handling certificate shall contain a verified statement by the applicant that he/she will abide by all rules or regulations promulgated by either the Commissioner of Labor or Health pursuant to article 30 of the Labor Law.

       (4) Completed applications shall be sent to the address specified in the application package accompanied by a nonrefundable application fee in the amount set forth in section 903 of the Labor Law. The fee shall be paid in the form of a bank or postal money order, bank cashier's check or non-certified check payable to the Commissioner of Labor. Any such checks which are returned to the commissioner as unpaid, for any reason, shall be subject to a return check processing fee of $20 and any entity submitting such checks to the department may be subject to all other appropriate penalties set forth in statute and code, including but not limited to the immediate suspension/revocation of any certificate granted on the basis of such payment. No other instruments shall be used for payment of an application fee.

       (5) The commissioner shall notify certificate applicants in writing no later than 30 days from the receipt of the certificate application of the issuance or denial of the certificate or of the need for further information from the applicant in order to process the certificate application. Notification of denial of a certificate on any grounds other than failure to complete the certificate application shall set forth the grounds for such denial.

       (6) An applicant denied a certificate on any grounds other than failure to complete a certificate application may request a hearing before the commissioner or his/her designee by submitting a written request for such hearing within 10 days of receipt of denial.

       (7) An asbestos handling certificate shall be valid for a period of one year from date of issuance.

       (8) Approximately two months prior to the expiration of an asbestos handling certificate, the commissioner shall contact the certificate holder and inform him/her of the need to renew the asbestos handling certificate. The commissioner shall also furnish a renewal application to the certificate holder. The renewal application may request the certificate holder to inform the commissioner of any changes in information previously provided to the Division of Safety and Health's Licensing and Certification Unit and any other information deemed by the commissioner to be relevant.

       (9) Completed renewal applications shall be sent to the address specified in the application package accompanied by a nonrefundable renewal application fee in the amount set forth in section 903 of the Labor Law. The fee shall be paid in the form of a bank or postal money order, bank cashier's check or non-certified check payable to the Commissioner of Labor. Any such checks which are returned to the commissioner as unpaid, for any reason, shall be subject to a return check processing fee of $20 and any entity submitting such checks to the department may be subject to all other appropriate penalties set forth in statute and code, including but not limited to the immediate suspension/revocation of any certificate granted on the basis of such payment. No other instrument shall be used for payment of a renewal application fee.

       (10) The commissioner shall notify certificate renewal applicants in writing of the issuance or denial of the certificate renewal or of the need for further information from the applicant in order to process the renewal application. Notification of denial of a certificate renewal on any grounds other than failure to complete the renewal application shall set forth the grounds for such denial.

       (11) An applicant denied renewal of a certificate on any grounds other than failure to complete a certificate renewal application may request a hearing before the commissioner or his/her designee by submitting a written request for such hearing within 10 days of receipt of denial.

    Historical Note:  Sec. filed July 7, 1987; amds. filed: Dec. 5, 1988 as emergency measure; March 2, 1989 as emergency measure; April 4, 1989; Oct. 31, 1989; repealed, new filed Oct. 18, 1991; amd. filed Oct. 25, 1994 eff. Nov. 9, 1994. Amended (d), (f)(4), (9).

     

    56-2.3    Replacement of licenses and certificates.

         (a)   In the event that an asbestos handling certificate or an asbestos handling license shall be lost or stolen, the individual to whom the certificate or license had been issued may apply to the commissioner for the issuance of a replacement license or certificate.

         (b)   Such application shall be made in writing and shall include a notarized statement from the individual indicating the original license or certificate has been lost and verifying that the individual applying for such replacement license or certificate understands that the submittal of false statements in connection with the request for a replacement shall subject him/her to penalties and other remedies under the law.

         (c)   All applications for replacement licenses or certificates shall be addressed to the Licensing and Certification Unit, New York State Department of Labor, One Main Street, Brooklyn, NY 11201 accompanied by a nonrefundable fee. The fee shall be equal to that assessed for an initial certificate or license and shall be paid in the form of a bank or postal money order, bank cashier's check or non-certified check payable to the Commissioner of Labor. Any such checks which are returned to the commissioner as unpaid, for any reason, shall be subject to a return check processing fee of $20 and any entity submitting such checks to the department may be subject to all other appropriate penalties set forth in statute and code, including but not limited to the immediate suspension/revocation of any replacement license or certificate granted on the basis of such payment.

         (d)   Each application for a replacement asbestos handling certificate shall be accompanies by full face photographs of the individual seeking the replacement certificate in such numbers and sizes as the commissioner shall require.

    Historical Note:  Sec. filed Oct. 18, 1991; amd. filed Oct. 25, 1994 eff. Nov. 9, 1994. Amended (c).

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