Document O1ajrp5j3wp32bwRMynYeDw2L

STATE OF NEW YORK 7440--A 1989-1990 Regular Sessions IN ASSEMBLY Macch 28, 1989 R.R. 501 Introduced by M. of A. BARBARO, DANIELS -- Multi-Sponsored by -- M. of A. ABBATE, CROWLEV, Del TORO, DUGAN, HILL, MARSHALL, MARTINEZ, MA\TERSOHN, TOCCI -- (at request of the Department of Labor) -- read once and referred to the Committee on Labor -- reported and referred to the Committee on RuLes -- passed by Assembly and delivered to the Senate, recalled from the Senate, vote considered, bllL amended, ordered re printed and restored to third reading AN ACT to amend the labor law and the education law, in relation to standards for conducting asbestos projects and repealing certain provisions of the laboc law relating thereto and further in relation to asbestos demolition surveys The People of the State of New York, represented in Senate and Assem bly, do enact as follows: 1 Section 1. Section 900 of the labor Law, as added by chapter 775 of 2 the laws of 1986, is amended to read as follows: 3 S 900. Legislative findings and declaration. The legislature hereby 4 finds and declares that exposure to asbestos fibers, a known carcino5 genic agent, creates a serious risk to the public health and safety. Tne 6 legislature also finds that the public is more frequently exposed to 7 these risks as a result of an increasing number of rehabilitation and 8 reconstruction projects on buildings containing asbestos or asbestos 9 materials. 10 The legislature finds that the risks associated with asbestos are ex11 acerbated by the improper and uninformed manner in which some contrac12 tors and their employees handle asbestos. Improper (removal of materials 13 containing asbestos] design, implementation or inspection of asbestos 14 projects creates unnecessary health and safety hazards which are detri15 mental to the state's interest, and that of its citizens. EXPLANATION--Matter in italics (underscored) is new; matter in brackets ( ] is old law to be omitted. LBD08654-03-9 HWBUI0001112 A. 7440--A 3 1 1. It shall be unlawful foe any contcactoc to engage in an asbestos 2 project unless such contractor has a valid asbestos handling license is3 sued by the commissioner. Such license will not be Issued without evi4 dence of successful completion by the contractor, or a supervisor desiq5 nated to act as the contractor's agent, of an approved asbestos safety 6 program which is, at the least, equivalent to the U.S. Environmental 7 Protection Agency Model Accreditation Plan (40 CFR Part 763) and the 8 submission of any additional information which the commissioner may 9 require. 10 4. It shall be unlawful for any contractor to engage in or to permit a 11 person employed by the contractor, including but not limited to han12 diers, project designers, inspectors and management planners, to engage 13 in work on an asbestos project [involving the installation, removal, en14 capsulation, application or enclosure of asbestos or asbestos material 15 or the disturbance of friable asbestos] or to supervise persons engaging 16 in (such) work on an asbestos project unless each such person and super17 visor has a valid asbestos handling certificate. Such certificate will 18 not be issued without evidence of successful completion by each such 19 person of an approved asbestos safety program and the submission of any 20 additional information which the commissioner may require. 21 5. Any person employed on an asbestos project [whose work involves the 22 installation, removal, encapsulation, application or enclosure of any 23 asbestos or asbestos material or the disturbance of friable asbestos,) 24 or the (supervision) supervisor of [such work,] any person engaged in 25 work on an asbestos project or any other person who is otherwise 26 required by law or regulation to obtain an asbestos handler's certifi27 cate shall have In his or her possession at all times during the work on 28 the project a copy of the asbestos handling certificate issued to the 29 person by the commissioner. 30 $ 5. Subdivisions 1 and 4 of section 903 of the labor law, as added by 31 chapter 775 of the laws of 1986, are amended to read as follows: 32 1. All applications for asbestos handling licenses or certificates 33 shall be submitted in writing on forms furnished by the commissioner and 34 shall contain such information which the commissioner may require. An 35 application Cot an asbestos handling license shall contain a verified 36 statement by the contractor or its duly authorized representative that 37 all persons employed by the contractor on any asbestos project whose 38 duties involve the (installation,) removal, encapsulation, [application 39 or] enclosure (of asbestos or asbestos materials] or (the) disturbance 40 of friable asbestos, or any handling of asbestos material that may 41 result in therelease of asbestos fiber or the supervision thereof, 42 shall have valid asbestos handling certificates and that the contractor 43 will abide by all the rules and regulations promulgated pursuant to this 44 article. The commissioner shall have the authority to deny the issuance 45 or renewal of a license for good cause shown, including the applicant's 46 serious violation of state, federal or local laws with regard to the 47 applicant's conduct of any lob involving asbestos or asbestos material. 48 4. An asbestos handling license shall be valid for a period of one 49 year from the date of Issuance and may be renewed on conditions set by 50 the commissioner related to additional training. 51 S 8. Subdivision 6 of section 903 of the labor law is renumbered sub52 division 8 and two new subdivisions 6 and 7 are added to read as 53 follows: 54 6. The renewal fee for an asbestos handling certificate shall be ten 55 dollars, which shall accompany each certificate renewal application. HWBUI0001113 A. 7440--A S 1 lted to fL1 standards for asbestos projects Including methods of remov 2 ing, encapsulating, enclosing or disturbing fclable asbestos and stan 3 dards foe any handling of asbestos Mttflal which may result In the 4 creation of friable asbestos oc any handling of asbestos Material that 5 may result In the release of asbestos fibers, a shall be necessary to 6 protect the public health and safety and shall Include regulations which 7 will permit such disturbance that results from actions that are neces 8 sary to abate an emergency which poses an Immediate threat to safety or 9 the public health; (2) standards for asbestos projects end ln-plant 10 operations setting licensing and certification requirements? and (31 11 standards for asbestos projects and in-plant operations setting goal air 12 monitoring and clearance requirements, including those necessary to_in^_ 13 sure that asbestos work is properly designated as an in-plant operation 14 as defined in subdivision twelve of section nine hundred one of this 15 chapter 16 $ 11. Subdivision 3 of section 909 of the labor law, as added by chap 17 ter 775 of the laws of 1986, is amended to read as follows: 18 3. If, after an investigation and a formal hearing, the commissioner 19 finds that a contractor has violated any provision of this article or 20 any rule or regulation promulgated hereunder within three years of the 21 last assessment of [the] a civil penalty against the contractor under 22 this article, or has been found to have committed serious violations of 23 24 duct of any asbestos project or has iotherwise demonstrated a lack of 25 responsibility in the conduct of any job Involving asbestos or asbestos 26 material of such seriousness as to warrant the revocation of the 27 contractor's license, the commissioner may, by an order which describes 28 in detail the nature of the violation or violations, revoke the 29 contractor's asbestos handling license and such contractor shall not be 30 eligible to apply for a new asbestos handling license for a period of up 31 to two years. 32 S 12. Subdivisions 4 and 5 of section 434 of the education law, sub 33 division 4 as amended and subdivision 5 as added by chapter 775 of the 34 laws of 1986, ace amended to read as follows: 35 4. To cequice contractors engaged in [the Installation, removal, ap 36 plication, enclosure oc encapsulation of asbestos or asbestos materials 37 or disturbance of friable asbestos] asbestos projects, as defined in ar 38 ticle thirty of the labor law, in schools to possess an asbestos han 39 dling license issued pursuant to [article thirty of the labor] such law. 40 5. To require [employees and supervisory personnel employed by such 41 contractors in the installation, removal, application, enclosure, or en 42 capsulation of asbestos or asbestos material or the disturbance of fria 43 ble asbestos] individuals, including contractors, handlers, project 44 designers, inspectors and management planners, involved with asbestos 45 projects, as defined in article thirty of the labor law, in schools, to 46 possess an asbestos handling certificate Issued pursuant to [article 47 thirty of the labor] such law. 48 S 13. Subdivisions 6, 7 and 8 of section 241 of the labor law, as 49 amended by chapter 670 of the laws of 1980, ace amended to read as 50 follows: 51 6. All areas in which construction, excavation or demolition work is 52 being performed shall be so constructed, shored, equipped, guarded, ar 53 ranged, operated and conducted as to provide reasonable and adequate 54 protection and safety to the persons employed theceln oc Lawfully fre 55 quenting such places. The [board] commissioner say make rules to carry 56 into effect the provisions of this subdivision, and the owners and con- HWBUI0001 A. 7440--A 7 1 tions required pursuant to this act shall be promulgated no later than 2 240 days from the date this act shall have become a law; 3 (b) the provisions of sections thirteen and fourteen of this act shall 4 take effect on the two hundred tenth day after it shall have become a 5 law. All regulations necessary to implement the amendments made to the 6 labor law pursuant to such sections shall be promulgated by the commls7 sioner of labor on or before the date such sections take effect 8 hereunder. HWBUI0001115