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New York State Asbestos Program Summary

Andrew McLellan, EEA President
January 27, 2011

NYS Department of Labor, Asbestos Control Bureau (ACB)

Oversees the abatement of toxic hazards associated with asbestos fiber during the rehabilitation, reconstruction or demolition of buildings and other structures originally constructed with asbestos or asbestos containing materials. The Bureau enforces the New York State Labor Law and Industrial Code Rule 56 (Asbestos). Requirements of this code include the licensing of contractors, certification of all persons working on asbestos projects, filing of notifications of large asbestos projects and pre-demolition survey of buildings to identify any asbestos, which may be present, to ensure proper abatement of asbestos materials.

The Bureau includes staff from central office and 4 district offices in NYS. The program is currently funded at $3,500,000 and including 30.6 full-time equivalents and non- personnel service costs. During the state fiscal year 2007-08, the Licensing and Certification Unit of the Bureau received, processed and issued 20,511 certificates and 1221 licenses. In calendar year 2008 the bureau collected $417,352 in penalties. Latest 3 month activity report for the bureau showed 2,372 notifications, 117 complaints, 978 inspections and 480 violations.

NYS Department of Health Asbestos Certification, Training and Licensing programs

NYS Asbestos Worker Training Certification Program – Regulates approval of asbestos training providers in NYS so that workers receive training and skills to remove or contain asbestos properly.

· Reviews and approves applications, including all curricula and instructors for training providers who meet qualifications.

· Conducts compliance audits of approved trainers.

· Maintains a list of accredited training providers and course dates.

For calendar years 2002 and 2003 program staff conducted more than 60 audits per year of training programs. The audits are targeted to high volume and suspect providers. About 3,500 courses are given every year and about 2% of the courses are audited. As a result of the audits, about 220 compliance violations were issued, resulting in the suspension of three providers and the revocation of accreditation of one provider. The Department made three referrals to the NYS Office of the Attorney General for serious issues on non-compliance (falsifying certificates, failure to administer final exams and failure to perform hands-on training).

For State Fiscal Years 2002-03 and 2003-04 this program was funded at $573,000 and $579,000, respectively, including five full-time equivalents, travel, supplies, equipment and training.

Excerpted from the New York State Toxic Mold Task Force Final Report to the Governor and Legislature,

December 2010, by the New York State Department of Health, New York State, Department of State