New York Asbestos License Lookup
The New York State Department of Labor (NYSDOL) Asbestos Licensing and Certification Unit is responsible for issuing licenses and New York asbestos certifications. Per the New York State Labor Law and Industrial Code Rule 56, a contractor or an individual working on an asbestos project must be licensed by the NYSDOL. This ensures thorough abatement of asbestos materials. Rule 56 also requires that the New Department of health is notified before commencing a large asbestos project. Rule 56 aims to reduce the public health risks associated with asbestos exposure and meet federal requirements. These federal requirements are enforced by the Asbestos Hazard Emergency Response Act (AHERA), National Emission Standards for Hazardous Air Pollutants (NESHAP), and Occupational Safety and Health Administration (OSHA) Asbestos Standard for the Construction Industry.
Applicants for any asbestos license would need to receive appropriate training from an accredited NYS asbestos training provider and meet strict requirements to be licensed. The Asbestos Safety Training Program provided by part of the NYS Bureau of Occupational Health (BOH) oversees specific training courses in the nine asbestos license disciplines.
The program also reviews applications of entities applying to be certified as accredited asbestos safety training providers. The NYSDOL Asbestos Licensing and Certification Unit also provides the complete listings of all asbestos licensed contractors/entities that may be queried to lookup and verify all types of asbestos licenses. The NYSDOL also has regulatory superintendence over accredited asbestos safety training providers.
New York Asbestos Licenses
There are nine asbestos license disciplines in New York; allied trades, operation and maintenance, asbestos handler (worker), contractor/supervisor, inspector, management planner, asbestos project air sampling technician, project monitor, and project designer.
An asbestos allied trade license is required for individuals engaging in limited or particular occupations to support or prepare for an asbestos-related project. These occupations include electricians, plumbers, carpenters, or other related fields, particularly those that have the potential of affecting asbestos during employment.
Individuals who engage in repairs, operations, and maintenance activities capable of disturbing minor quantities of asbestos material, asbestos-containing materials (ACM), and presumed asbestos-containing materials are required to have an operation and maintenance license. An operation and maintenance licensee can also execute an occupational safety and health administration (OSHA) Class III asbestos work strictly on minor asbestos projects. These minor asbestos projects must be related to repairs required in performing routine or emergency maintenance activities. Any individual engaged in handling asbestos materials by any means that could potentially cause asbestos fibers to be released is required to be licensed as an asbestos handler (worker).
Supervision of individuals (other than licensed personnel) that are allowed to enter a regulated or restricted asbestos abatement work area is one of the duties of a certified asbestos contractor/supervisor. They may also undertake the responsibilities of an OSHA competent person in an asbestos project. Besides, an asbestos abatement contractor's supervisor, a certified asbestos project monitor, superintends the scope, timing, phasing, and remediation methods employed in any asbestos project. Furthermore, the scope, timing, phasing, and remediation methods are planned out by a certified asbestos project designer.
A certified asbestos inspector is involved in identifying and accessing conditions of asbestos and asbestos material through limited tasks involving asbestos surveys. They also engage in bulk sample collection of asbestos materials and laboratory analysis of suspected asbestos materials.
The presence of asbestos or ACM is hazardous. The responsibilities of a certified asbestos management planner include:
- Assessing potential hazards posed by asbestos or ACM.
- Recommending circumventing response actions.
- Creating a schedule for such actions.
Asbestos project air sampling is strictly the duty of a certified asbestos project air sampling technician.
To inquire about licenses or certifications, contact the Asbestos Notifications and License and Certification Unit at firstname.lastname@example.org. On the other hand, asbestos-based inquiries may be made to the Asbestos Control Bureau via email at email@example.com.
New York Asbestos License Lookup
Inquirers may look up New York State-issued asbestos licenses through the Asbestos Control Bureau's active asbestos contractors search page. The complete listing of all licensed asbestos contractors may be queried through the search page, regardless of the asbestos license type. On the search page, inquirers would first need to choose what their search results should be sorted by. Two "sort by" options are provided either by ZIP Code (numerically) or contractor name (alphabetically).
Although optional, the next step is selecting the type of asbestos-related work. This helps to increase the accuracy of the results of a search. The options for "types of asbestos-related work" include abatement, management planning, project design, inspection, monitoring, and air monitoring. Furthermore, inquirers may consist of the contractor's/entity's name, city, or zip codes in the appropriate input field on the search page.
These input fields are not case-sensitive. For fewer results when searching by a contractor name, inquirers are advised to provide the full name of a contractor or entity. Further search instructions are provided at the bottom of the search page.
The search result page provides a list of all active asbestos contractors and entities, which contains personally identifiable information about each active asbestos contractor or entity. This information includes a contractor's or an entity's new license no, old license no, license expiration date, name, address, zip code, phone number, and type of work.
Asbestos License Renewal in New York
An asbestos license in New York is valid for one year from its issuance date. After which, renewal would be required. Sixty days before the expiration of an asbestos license, the DOL typically mails a license renewal application to the licensees. DOL charges a renewal fee of $300 payable by a check or money order addressed to the Commissioner of Labor.
To qualify for an asbestos license renewal in New York, a licensee would first need to complete the annual refresher training courses required for the particular type of asbestos license they want to renew. These refresher training courses are taken at any New York State Department of Health (NYSDOL) accredited asbestos safety, training provider. Afterward, applicants may renew their asbestos license with the NYSDOL Asbestos Licensing and Certification Unit by submitting the appropriate application form, annual refresher training course certificate, and the renewal fee. The appropriate application form for contractors (individuals) is the Asbestos Certificate Application, while entities (businesses and companies) providing asbestos-related services use the Application for an Asbestos Handling License.
On the Asbestos Handling License application, entities are expected to answer 19 different items/questions. The first question is "type of license," which has two (2) options provided on the application. Select 'Renewal' and provide the license number in the designated input field on the application form for license renewal. Subsequently, the entity's name (name of company or organization) should be filled out as registered with the NYS Department of State.
Users must also provide their Federal Employment Identification Number or Unemployment Insurance Employer Registration Number and then select their type of organization. Also required are the date and state of the entity's incorporation and the entity's street address and mailing address.
In addition to the above, applicants are also required to provide:
- Information about the duly authorized representative: This information includes their name, Social Security Number (SSN), job title, business mailing address, business telephone number, and email address.
- The names of all owners, partners, and shareholders who own 5% or more of the entity, including their names, home addresses, SSN, percent of ownership, and role in the company.
- Information about the services being rendered which may include abatement, management planning, project design, monitoring, inspection, air monitoring, and others.
- Information regaring the insurance or coverage offered employees; usually including Disability Insurance and Worker's Compensation Insurance. For Disability Insurance, covered employers are required to submit either a copy of their Certificate of Disability Insurance (DB 120.1) or Certificate of Disability Benefit Self Insurance (DB 155). Inversely, employers that are not covered must submit a Certification of Attestation of Exemption (CE 200) issued by the Workers' Compensation Board. Covered employers are entities that have employees employed in New York State for a minimum of 30 days consecutively or nonconsecutively in any year.
An "asbestos certificate application" is not as cumbersome as "an asbestos handling license application". The asbestos certificate application is used by an individual contractor when applying for both asbestos license renewal and initial applications. The asbestos certificate application consists of two pages. The first page is divided into three sections; applicant information, asbestos certification requested, and acknowledgment.
In the applicant information section, the applicant fills out their personal information. Including the applicant's name, SSN, DOB, mailing address, city, state, zip, phone number, email, NYS DMV license or ID number, eye color, hair color, weight, height, DOH 2832 certificate number, and the type of application (renewal). In the next section (asbestos certification requested), an applicant checks the box or boxes of every kind of asbestos certificate they are renewing.
The acknowledgment section informs applicants that all information provided on their application must be correct and there are penalties for providing false statements. The DOL may request additional documentation, and the DOL may collaborate with the Department of Motor Vehicles (DMV) to produce their asbestos license ID cards and certificates.
In the second page of the application, applicants must fill out information regarding their child support obligations.
After completing the relevant application, applicants may send the application form, renewal fee, evidence of successful completion of any required annual refresher training course(s), asbestos certificate type fee (for contractors), required certificates of insurance (for entities), and the designated supervisor's certificate (for entities) to the DOH mailing address provided on each application form for processing. After which, applicants can expect to receive their asbestos licenses within 30 days. If an application is denied, a notice and reason for denial in writing would be sent to the applicant via the mailing address provided on their application.
New York Asbestos License Application
Like asbestos license renewal, both the Asbestos Certificate Application and Asbestos Handling License Application are used for an initial asbestos license application by contractors and entities. On these asbestos license applications, applicants would need to check "New" (for Asbestos Certificate Application) and "Original" (for Asbestos Handling License Application). This indicates that the application is for an initial asbestos license/certification and not for licenses renewal. Other steps needed in filling out an asbestos license application for initial licensing are similar to those taken for an application for license renewal (see steps for filling out an application for renewal above).
To qualify for an asbestos license in New York, applicants must complete the annual training courses for the type of asbestos license they are applying for. These training courses can be taken at any New York State Department of Health (NYSDOL) accredited asbestos safety, training provider.
Other requirements include; evidence of certain types of insurance (for entities), asbestos certificate type fee (for contractors), and a copy of the designated supervisor's certificate (for entities). Applicable insurances are proofs of worker's compensation and disability insurance coverage.
For proof of worker's compensation insurance coverage, applicants can either provide any of the following:
- Certification of attestation of exemption (CE 200)
- Certificate of workers' compensation insurance (C 105.2)
- State insurance fund's version of C-105.2 (U 26.3)
- Certificate of workers' compensation self-insurance (SI 12)
- Certificate of group workers' compensation self-insurance (GSI 12)
- Certificate of participation in workers' compensation group self-insurance (GSI 105.2)
For proof of disability insurance, if the applicant is a covered employer, their employees must submit a copy of either the entity's certificate of disability insurance (form DB-120.1) or certificate of disability self-insurance (form DB-155). On the other hand, non-covered employers are required to submit a certificate of attestation of exemption (CE-200). For further insurance information, the Workers' Compensation Board may be contacted.
The DOL charges a non-refundable $500 fee payable by a check or money order addressed to the Commissioner of Labor for an initial asbestos license application. After the appropriate application form has been completed and all required documentation has been obtained, an applicant can submit their application and all relevant fees and documentation to the mailing address provided on each form. For reference purposes, the following list are the requirements for an initial asbestos license application:
- For businesses;
- An original completed asbestos handling license application
- A non-refundable $500 fee in the form of a check or money order, made payable to the Commissioner of Labor
- A copy of the designated supervisor's certificate
- Proof of disability insurance and worker's compensation insurance coverage
- For contractors;
- An original completed asbestos certificate application
- The asbestos certificate type fee and a non-refundable $500 fee in the form of a check or money order made payable to the Commissioner of Labor.
- The training documentation for the required initial asbestos training course taken by the applicant
Per section 903 of the Consolidated Laws of New York, applicants are typically issued their asbestos license or certificate within 30 days of submitting their application, fees, and other relevant documents. A notice of denial and the reasons for such denial in writing are also issued within 30 days for an incomplete application, failure to pay relevant fees, and omitted required documents.
Penalties for Handling Asbestos Without a License in New York
Per title 15, chapter 1 of the City of New York Rules, the maximum dispensable civil penalty for handling asbestos without a license in New York is a $10,000 fine. Furthermore, Individuals that engage in projects that require asbestos abatement permits without proper licensing under sections 1-26 are liable to a maximum penalty of $15,000.
The Air Asbestos Penalty Schedule further breaks down penalties for operating without an asbestos license/certification based on the offender's violation history and offense. For example, the penalty for conducting a building survey and hazard assessment without DEP certification is a $2400 fine (for 1st violation) and $4800 (for 2nd violation). Other offenses are detailed in the penalty schedule.