2023 New York Laws › LAB - Labor › Article 30 - Asbestos or Products Containing Asbestos; Licensing › 901 - Definitions.

§  901. Definitions. As used in this article, the following terms have
  the meanings indicated:
1. "Approved asbestos safety program" means a program approved by  the
  commissioner  of  health  providing  training in the handling and use of
  asbestos and asbestos material, education concerning safety  and  health
  risks  inherent  in such handling and use and training in techniques for
  minimizing exposure of the public to asbestos fibers.
2. "Asbestos" means any naturally occurring hydrated mineral  silicate
  separable   into   commercially   usable  fibers,  including  chrysotile
  (serpentine),     amosite     (cummingtonite-grunerite),     crocidolite
  (riebeckite), tremolite, anthrophyllite and actinolite.
3. "Asbestos contract" means an oral or written agreement contained in
  one or more documents for the performance of work on an asbestos project
  and includes all labor, goods and services.
4.  "Asbestos  handling certificate" means a certificate issued by the
  commissioner pursuant to the provisions of this article to a person  who
  has satisfactorily completed an approved asbestos safety program.
5.   "Asbestos  handling  license"  means  a  license  issued  by  the
  commissioner pursuant to the provisions of this article to  an  asbestos
  contractor engaged in an asbestos project.
6.  "Asbestos  material"  means  any material containing more than one
  percent by weight of asbestos.
7.  "Asbestos  project"  means  work  undertaken  which  involves  the
  removal,  encapsulation,  enclosure, repair or disturbance of friable or
  non-friable asbestos, or any handling  of  asbestos  material  that  may
  result  in  the  release  of  asbestos  fiber  except  for  work  in  an
  owner-occupied single family dwelling performed by  the  owner  of  such
  dwelling and, for the purpose of compliance with regulations promulgated
  pursuant to subdivision one of section nine hundred six of this article,
  except  for  in-plant  operations  as defined in subdivision thirteen of
  this section. Where all asbestos work on a project is  subcontracted  to
  an asbestos contractor with an asbestos handling license, only that part
  of  the  work  involving  asbestos  shall  be  deemed  to be an asbestos
  project.
8. "Commissioner" means the commissioner of labor.
9. "Asbestos contractor" means the state, any political subdivision of
  the state, a public  authority  or  any  other  governmental  agency  or
  instrumentality  thereof,  self-employed person, company, unincorporated
  association,  firm,  partnership  or  corporation,   limited   liability
  corporation  or professional limited liability corporation and any owner
  or operator thereof, which engages in any portion of an asbestos project
  or employs persons engaged in an asbestos project.
10. "Department" means the department of labor.
11. "Entity" means a partnership, association, joint venture, company,
  sole  proprietorship,  corporation,   limited   liability   corporation,
  professional  limited  liability  corporation or any other form of doing
  business.
12. "Friable" means any material  that  when  dry,  can  be  crumbled,
  pulverized,  crushed or reduced to powder by hand pressure or is capable
  of being released into the air by hand pressure.
13. "In-plant  operations"  means  work  within  the  premises  of  an
  employer other than the state, any political subdivision of the state, a
  public   authority  or  other  governmental  agency  or  instrumentality
  thereof, in an area to  which  persons  other  than  employees  of  that
  employer  directly  involved in the work will not have access during the
  course of the work and which is performed in a  manner  consistent  with
  federal  regulations  promulgated  under the federal occupational safety
  and health act pursuant to chapter 15 of title twenty-nine of the United

  States code, and is performed in a manner  which  will  not  expose  the
  public  or  employees  of  that  employer not directly involved with the
  asbestos project to asbestos fibers in excess of  background  levels  or
  .01  fibers  per  cubic  centimeter, provided that the work involves the
  encapsulation, enclosure, removal, repair, disturbance  or  handling  of
  (a)  less than one hundred sixty square feet or two hundred sixty linear
  feet of asbestos or asbestos material and is performed by  employees  of
  such  employer  or  (b)  any  quantity  of non-friable organically bound
  asbestos material.
14. "Non-friable organically bound (NOB) asbestos  material"  means  a
  wide    range    of   non-friable   asbestos   materials   embedded   in
  flexible-to-rigid asphalt or vinyl matrices, including but  not  limited
  to,  flooring  materials,  adhesives, mastics, asphalt shingles, roofing
  materials and caulks.
15. "Parent company" means an  entity  that  directly,  or  indirectly
  through one or more intermediaries, controls the asbestos contractor.
16. "Person" means any natural person.
17.  "Subsidiary"  means  an  entity  that  is controlled directly, or
  indirectly through one or more intermediaries, by an asbestos contractor
  or by the asbestos contractor's parent company.
18. "Substantially owned-affiliated entity" means, in relation to  any
  asbestos  contractor, any (a) parent company of the asbestos contractor,
  (b) subsidiary of the asbestos contractor, (c) successor of the asbestos
  contractor, (d) entity in which  the  parent  company  of  the  asbestos
  contractor  owns more than fifty percent of the voting stock, (e) entity
  in which one or more of  the  top  five  shareholders  of  the  asbestos
  contractor individually or collectively also owns a controlling share of
  the  voting  stock,  or  (f)  entity which exhibits any other indicia of
  control  over  the  asbestos  contractor  or  over  which  the  asbestos
  contractor exhibits control, regardless of whether the controlling party
  or  parties have any identifiable or documented ownership interest. Such
  indicia shall include, but not be limited to,  power  or  responsibility
  over employment decisions, access to and/or use of the relevant entity's
  assets  or  equipment,  power  or  responsibility  over contracts of the
  entity,  responsibility  for  maintenance  or  submission  of  certified
  payroll  records,  and  influence  over  the  business  decisions of the
  relevant entity.
19. "Successor" means an entity engaged in work substantially  similar
  to  that  of  the  predecessor, where there is substantial continuity of
  operation with that of the predecessor.