reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.7 - Continuation of the incentive during the approval period

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order for the employer to receive the
					 incentive in the second and third year of the approval period, an employer
					 shall submit to the department an annual WSLPIP report and a verification.
(1) Insured employers shall send each annual
					 WSLPIP report and verification to the department no later than 90 calendar days
					 after its annual policy renewal date.
(2) Individually self-insured employers shall
					 send each annual WSLPIP report and verification to the department no later than
					 90 calendar days after the end of the calendar year.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.8 - Renewal application and approval procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the end
					 of the initial three year approval period, if an employer seeks to renew the
					 incentive, an employer must apply to the department for a renewal of the
					 incentive on a renewal application form and in a manner developed by the
					 department. The renewal application shall include, but not be limited to, the
					 information required by section
					 60-1.6 
					 of this Subpart and a WSLPIP report.
(1) The
					 insured employer shall apply for renewal no later than 90 calendar days prior
					 to the employer's annual policy renewal date in order to receive the credit for
					 the next annual policy period. The employer shall simultaneously send a copy of
					 the application to the employer's workers' compensation insurer.
(2) An individually self-insured employer
					 shall apply no later than 90 calendar days prior to the end of the calendar
					 year in order to receive a reduction in security deposit for the next calendar
					 year. The employer shall simultaneously send a copy of the application to the
					 board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.9 - Issuance of the incentive

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 incentive provided to insured employers for the implementation and renewal of
					 each WSLPIP and the method of calculation shall be in accordance with
					 regulations established by the superintendent pursuant to section 134 (6)  of the
					 Workers' Compensation Law.
(b) The
					 reduction in the security deposit provided to individually self-insured
					 employers for the implementation and renewal of each WSLPIP shall be pursuant
					 to section 134 (7)  of the Workers' Compensation Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.10 - Approval, monitoring and appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applications for incentives may be
					 denied, revoked, or suspended based upon a determination by the department that
					 the employer failed to implement and/or maintain a WSLPIP that complies with
					 this Part.
(1) Within 14 calendar days of
					 making a determination that an employer's WSLPIP is deficient or in some way in
					 violation of this Part, the department shall inform the employer in writing of
					 the reason(s) for the adverse determination.
(2) The employer may demonstrate to the
					 department that it has corrected all deficiencies or submit an acceptable plan
					 for correcting deficiencies within 30 calendar days of the notice of
					 deficiency, thereby avoiding any need for adverse action against the employer
					 under this section.
(3) If the
					 employer has not corrected or submitted an acceptable plan for correcting all
					 deficiencies within 30 calendar days from the date of the notice of deficiency,
					 the department shall inform the employer, the employer's insurer, and the
					 superintendent that the employer's incentive has been denied, revoked, or
					 suspended until it is determined by the department that the employer's program
					 is in compliance with this Part. If the employer is individually self-insured,
					 the department shall also inform the board.
(4) In determining whether the incentive
					 should be denied, revoked or suspended, the department will consider factors
					 including, but not limited to:
(i) the number
					 of years in business;
(ii) the size
					 of the employer as measured by the dollar volume of annual gross sales and the
					 number of employees;
(iii) the
					 level of cooperation with the department;
(iv) the gravity of the violation(s);
					 and
(v) whether there has been a
					 previous violation of any New York State law or regulation.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.11 - Employer's duties and responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to all other duties and responsibilities of
						the employer set forth elsewhere in this Part, the employer shall have the
						following additional duties and responsibilities:
(a) The employer shall post the certificate
					 of approval issued by the department for each WSLPIP prominently in all work
					 locations as long as the WSLPIP approval is in effect.
(b) An employer shall provide the department
					 with access to personnel and facilities and make available the records and
					 documents required to carry out this Part, such as the program application,
					 policy statement, training outline, certificate of approval, and required
					 reports, unless otherwise restricted or prohibited by Federal or State laws
					 governing confidentiality or personal privacy.
(1) An insured employer shall provide such
					 access to the specialist, the department, the superintendent, the board, the
					 designated employee representatives and/or the recognized representative of
					 each collective bargaining unit where applicable, and the employer's
					 insurer.
(2) An individually
					 self-insured employer shall provide such access to the specialist, the
					 department, the board, and the designated employee representatives and/or the
					 recognized representative of each collective bargaining unit, where
					 applicable.
(3) Failure to allow
					 such access to any of the parties may result in a revocation or suspension of
					 the WSLPIP incentive.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.12 - Insurer's duties and responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The insurer shall apply each incentive
					 that is granted by the department and the superintendent to the employer's next
					 policy renewal period following the date of the department's approval
					 certificate. The implementation of the incentive for individually self-insured
					 employers will be subject to the annual renewal process required by Part 315 of
					 this Title.
(b) If an employer
					 obtains workers' compensation insurance from a different insurer than the
					 insurer that originally provided the employer its WSLPIP incentive, the new
					 insurer shall continue to apply the required incentive in accordance with the
					 regulations established by the superintendent pursuant to section 134 (6)  of the
					 Workers' Compensation Law.
(c) The
					 insurer providing a credit pursuant to this Part shall report annually to the
					 commissioner and the superintendent, in a form prescribed by the
					 superintendent, the total number of employers insured during the prior year
					 that received a premium credit for each WSLPIP program, and the total amount of
					 the credit provided by the insurer.
(d) For individually self-insured employers,
					 the chair of the board shall maintain the information required by this Part and
					 provide it to the commissioner and the superintendent upon request. However,
					 for purposes of this Part, an individually self-insured employer's "premium
					 credit" refers to the employer's security deposit adjustment.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.13 - Safety incentive program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A safety incentive program seeks to
					 prevent occupational illnesses and injuries by identifying, preventing,
					 evaluating, and controlling workplace hazards.
(b) Services related to an approved safety
					 incentive program may be provided directly by the employer, jointly between the
					 employer and the union that represents the employer's employees, through the
					 union, or through a contract with an outside provider.
(c) To qualify for an incentive, a safety
					 incentive program shall be documented in writing and communicated in languages
					 and methods clearly understood by all employees.
(d) An acceptable safety incentive program
					 shall include, but not be limited to, the following elements:
(1) policies, procedures, and practices that:
(i) identify, uncover, and evaluate
					 occupational safety and workplace health hazards;
(ii) minimize or eliminate known or suspected
					 occupational safety and workplace health hazards;
(iii) protect employees from occupational
					 safety and workplace health hazards;
(iv) ensure management's role and leadership
					 in promoting workplace safety and health throughout the organization through
					 the maintenance and promotion of the policies and procedures designed to
					 improve workplace safety and health; and
(v) communicate the nature of the safety and
					 health hazard to employees;
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.14 - Drug and alcohol prevention program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A drug and alcohol prevention program
					 informs employees of the dangers, to themselves and to others, of drug and
					 alcohol use and abuse in the workplace. The program employs cost effective,
					 confidential, early intervention strategies designed to prevent alcohol and
					 drug related accidents on the job and help employees with drug and alcohol
					 problems that interfere with their ability to function on the job in a safe and
					 effective manner.
(b) Services
					 related to an approved drug and alcohol prevention program may be provided
					 directly by the employer, jointly between the employer and the union that
					 represents the employer's employees, through the union, or through a contract
					 with an outside provider.
(c) To
					 qualify for an incentive, an employer's drug and alcohol prevention program
					 shall be documented in writing and communicated in languages and methods
					 clearly understood by all employees.
(d) An acceptable drug and alcohol prevention
					 program shall include, but not be limited to, the following elements:
(1) a policy statement in which the employer
					 communicates to all levels of management and to all employees the intent and
					 objectives of the program, including:
(i) the
					 problems which the program is designed to prevent;
(ii) management's commitment to addressing
					 those problems and to protecting the safety, health, and well-being of all
					 employees and individuals in the workplace;
(iii) recognition that alcohol abuse and drug
					 use pose a threat to workplace safety and health; and
(iv) a clear message that the use of alcohol
					 and drugs in the workplace and impairment on the job are prohibited;
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.16 - Safety and loss management specialist-duties and responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A specialist
					 performing WSLPIP evaluations under this Part, at a minimum, shall:
(1) conduct an opening conference with the
					 employer and employee representatives, including the recognized representative
					 of each collective bargaining unit, where applicable, to discuss:
(i) the manner in which the evaluation(s)
					 will be conducted; and
(ii) the
					 records and information required of the employer in order to allow the
					 specialist to perform the evaluation;
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.17 - Certification of safety and loss management specialists

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 specialist performing services identified in this Part shall be certified by
					 the department. Any individual, including an employee of an employer applying
					 for a WSLPIP incentive or an employee of an insurer authorized to issue
					 workers' compensation policies in New York State, may apply for certification
					 as a specialist, provided that the individual meets the requirements of this
					 Subpart.
(b) Designated Department
					 employees are automatically Certified and shall not be required to apply to the
					 Department for Certification. An employee designated by the Department shall be
					 in any of the Civil Service titles deemed appropriate by the
					 Commissioner.
(c) Specialist
					 requirements for safety incentive program. A specialist must possess at least
					 one of the following qualifications to be eligible for certification for the
					 purpose of conducting an evaluation of a safety incentive program under section
					 60-1.13 
					 of this Subpart:
(1) certification as a
					 certified safety professional (CSP) granted by the Board of Certified Safety
					 Professionals (BCSP); or
(2)
					 certification as a certified industrial hygienist (CIH) granted by the American
					 Board of Industrial Hygiene (ABIH); or
(3) certification as a certified safety
					 executive (CSE), certified safety manager (CSM), or certified safety specialist
					 (CSS) granted by the World Safety Organization; or
(4) New York State license as a professional
					 engineer, with three years of documented professional safety and health
					 experience within the last 10 years prior to the filing of the application for
					 certification; or
(5) a Bachelor of
					 Science degree in industrial hygiene, safety, occupational safety and health,
					 biology, chemistry, environmental health and science, physics, engineering, or
					 a related field, with three years documented professional safety and health
					 experience within the last 10 years prior to the filing of the application for
					 certification; or
(6) an insurance
					 professional with qualifications as an associate in loss control management or
					 an associate in risk management or a certified loss control specialist plus
					 three years documented appropriate safety and loss prevention experience;
					 or
(7) five years of documented
					 professional safety and health experience deemed acceptable to the department
					 within the last 10 years prior to the filing of the application for
					 certification.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.18 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
Variances from the provisions of this Part may be granted
						in accordance with article 2, section 30  of the
						Labor Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.19 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof
						to any person or circumstance is held invalid, such invalidity shall not affect
						other provisions or applications of this Part which can be given effect without
						the invalid provisions or applications and to this end the provisions of this
						Part are declared to be severable.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 60 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Subpart 60-1 - Workplace Safety And Loss Prevention Incentive Program (safety, Drug And Alcohol Prevention, And Return To Work Incentive Programs) › Section 60-1.20 - Applicability of other state and federal regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing contained in this Part shall be read or applied
						in such a manner as to abrogate or otherwise limit the responsibility of an
						employer subject to this Part to comply with all requirements set forth in
						State and Federal safety and health standards to which the employer would
						otherwise be subject, nor shall any provision of this Part be read or applied
						in such a manner as to abrogate or otherwise limit the liability of such
						employer to fines or other penalties to which it would otherwise be subject for
						failure to comply with such rules and regulations.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-1 - General Provisions › Section 61-1.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Legislature
					 has determined that certain industries, trades, and occupations involve such
					 elements of potential danger to the lives, health and safety of the citizens of
					 this State and to their property that special regulations are necessary to
					 insure that only individuals of proper ability and experience shall engage in
					 the uses and operations identified in General Business Law, section 480. E
					 xcept as provided for by section 485  of the General Business Law, this Part
					 shall apply throughout the State to those occupations where the commissioner
					 has been authorized to prescribe rules and regulations by section 483 (1)(a)  of the General
					 Business Law, (hereinafter referred to as "certified occupations"). Such
					 occupations include pyrotechnicians and laser operators statewide and blasters
					 and crane operators outside of the City of New York. Applicants must still
					 comply with local laws and obtain applicable permits and variances in addition
					 to obtaining a State issued license.
(b) Where the specific provisions applicable
					 to a certified occupation conflict with the general provisions provided in this
					 Subpart, the specific provisions shall apply.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-1 - General Provisions › Section 61-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part the following terms mean:
(a) Acceptable. Satisfactory to the
					 commissioner as complying with the provisions of this Part.
(b) Certificate of competence. A document
					 issued by the commissioner to evidence acceptance by the commissioner of the
					 individual's qualifications, proper ability and experience to engage in the
					 certified occupation.
(c)
					 Certificate. Includes a certificate of competence, a learner's certificate of
					 competence, and renewals, issued by the commissioner in accordance with the
					 provisions of this Part.
(d)
					 Commissioner. The Commissioner of Labor of the State of New York.
(e) Department. The Department of Labor of
					 the State of New York.
(f) Direct
					 supervision. Supervision in a close enough proximity where the individual
					 supervising another is able to observe the activity and give instructions to
					 the individual being supervised.
(g) IME. The Institute of Makers of
					 Explosives, or any functional equivalent successor organization.
(h) Learner's certificate of competence. A
					 document issued by the commissioner to evidence acceptance by the commissioner
					 of the individual's qualification to obtain hands on training and work
					 experience in the certified occupation under the direct supervision of an
					 individual who possesses a certificate of competence.
(i) NFPA. The National Fire Protection
					 Association, or any functional equivalent successor organization.
(j) Unusual incident. Any incident or event
					 that results in personal injury requiring medical treatment beyond first aid,
					 or in property damage in excess of $1,000, or both, where such incident or
					 event arises out of, or in the course of, performance of a certified occupation
					 subject to the certification requirements of this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-1 - General Provisions › Section 61-1.3 - Certificate required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
					 otherwise stated in this Part:
(1) No
					 individual shall engage in a certified occupation unless such individual holds
					 a valid certificate of competence issued by the commissioner.
(2) No employer, contractor or agent
					 including a sponsor or supplier shall knowingly permit any individual to engage
					 in a certified occupation unless such individual holds a valid certificate of
					 competence issued by the commissioner.
(3) An individual holding a valid learner's
					 certificate of competence may obtain hands on training and work experience in
					 the certified occupation only under the direct supervision of an individual who
					 possesses a certificate of competence. In any certified occupation where the
					 commissioner does not offer a learner's certificate of competence, an
					 individual may assist and obtain hands-on training and work experience in the
					 certified occupation under the direct supervision of an individual who
					 possesses a certificate of competence for such certified occupation.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-1 - General Provisions › Section 61-1.4 - Qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise stated in this Part, all applicants for
						a certificate shall:
(a) be at least
					 18 years of age;
(b) not have a
					 physical or mental condition that would prevent them from properly performing
					 the essential functions of the certified occupation, or any restricted or
					 limited performance of the occupation, in accordance with a restricted or
					 limited used certification;
(c)
					 have not less than one year of necessary experience in the certified occupation
					 certificate sought, unless another minimum experience period is otherwise
					 required by law or regulation; and
(d) successfully complete training acceptable
					 to the commissioner for occupations whose subparts require training.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-1 - General Provisions › Section 61-1.5 - Certification procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Applications.
(1) Submission of forms. Every
					 application for a certificate or for a renewal shall:
(i) be made on forms provided by the
					 commissioner;
(ii) be true and
					 correct, as attested to by the applicant under penalty of perjury as being true
					 and correct; and
(iii) be complete
					 and include such additional information related to evaluating the experience,
					 training and fitness for the specific occupation as required by the
					 commissioner.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-1 - General Provisions › Section 61-1.6 - Examining board

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may, unless prohibited by statute,
						appoint an examining board, which shall consist of at least three members. The
						members of such board shall serve at the pleasure of the commissioner and their
						duties shall include:
(a) examining
					 applicants' qualifications and making recommendations to the commissioner with
					 respect to the experience and competence of such applicants;
(b) holding of hearings prior to
					 determinations of the commissioner to suspend, or revoke certificates or to
					 refuse to issue renewals of certificates;
(c) reporting of findings and recommendations
					 to the commissioner with respect to such hearings;
(d) advising the commissioner on matters
					 within the areas of the examining board's expertise.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-1 - General Provisions › Section 61-1.7 - Reporting and recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reporting requirement. Each individual
					 who holds a certificate of competence issued under this Part shall report any
					 unusual incident, as herein defined. Such report shall be made to the
					 commissioner no later than the close of the next business day, either by phone,
					 fax, email, in person, or by other means acceptable to the commissioner. The
					 report shall include the name and certificate number of the individual making
					 the report, the name of the employer, contractor, owner, or entity employing or
					 contracting for the services of such reporting individual, and a description of
					 the unusual incident, including date, time, location and the nature of the
					 personal injury or property damage.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-1 - General Provisions › Section 61-1.8 - Standards, incorporation by reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner adopts the following
					 standards, as referenced in this Part and hereinafter referred to as provided
					 below.
(1) IME Safety Library Publication No.
					 3, Suggested Code of Regulations for the Manufacture, Transportation, Storage,
					 Sale, Possession and Use of Explosive Materials, Institute of Makers of
					 Explosives, 1120 19th Street, N.W., Suite 310, Washington, DC 20036-3605
					 (hereafter IME No. 3).
(2) IME
					 Safety Library Publication No. 20 Safety Guide for the Prevention of Radio
					 Frequency Radiation Hazards in the Use of Commercial Electric Detonators,
					 Institute of Makers of Explosives, 1120 19th Street, N.W., Suite 310,
					 Washington, DC 20036-3605 (hereafter IME No. 20).
(3) NFPA 1123 Code for Fireworks Display,
					 2010 Edition, National Fire Protection Association, 1 Batterymarch Park, P.O.
					 Box 9101, Quincy, MA 02269- 9101 (hereinafter "NFPA 1123").
(4) NFPA 1126 Standard for the Use of
					 Pyrotechnics Before a Proximate Audience, 2011 Edition, National Fire
					 Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA
					 02269-9101 (hereinafter "NFPA 1126").
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-1 - General Provisions › Section 61-1.9 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of the Part or the application thereof
						to any individual or circumstance is held invalid by a court of competent
						jurisdiction, such invalidity shall not affect other provisions or applications
						of the Part which can be given effect without the invalid provisions or
						applications and to this end the provisions of this Part are declared to be
						severable.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-2 - Special Provisions For Pyrotechnicians › Section 61-2.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to every individual who acts as a
						pyrotechnician on any show, as those terms are defined in section
						61-2.2  of
						this Subpart.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-2 - Special Provisions For Pyrotechnicians › Section 61-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Authorized
					 assistant. An individual who has been authorized by the certified operator to
					 work on a show after such operator has confirmed that the individual is either
					 a certified pyrotechnician, or otherwise meets the following qualifications:
(1) is at least 18 years old;
(2) has been trained in the performance of
					 the tasks to be assigned; and
(3)
					 has been educated with regard to safety hazards.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-2 - Special Provisions For Pyrotechnicians › Section 61-2.3 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Classifications
					 of certificates of competence. There shall be three classifications of
					 certificates of competence issued to pyrotechnicians, as follows:
(1) Class A (unrestricted) - unrestricted:
					 may act as an operator conducting and taking charge of all shows that are
					 subject to NFPA 1123, or NFPA 1126, or both.
(2) Class B (NFPA 1123) - restricted: may act
					 as an operator conducting and taking charge of all outdoor displays that are
					 subject to NFPA 1123, but not those that are also subject to NFPA
					 1126.
(3) Class C (NFPA 1126) -
					 restricted: may act as an operator conducting and taking charge of all indoor
					 displays and outdoor displays before a proximate audience that are subject to
					 NFPA 1126, but not those that are also subject to NFPA 1123.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-2 - Special Provisions For Pyrotechnicians › Section 61-2.4 - Qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
The general provisions set forth at section
						61-1.4 
						of this Part shall apply under this Subpart except as follows:
(a) Age. The minimum age of each applicant
					 shall be 21 years;
(b) Experience.
(1) New applicants. The minimum necessary
					 experience for new applicants shall be at least three years of actual
					 experience as an operator or assistant on the types of shows that are covered
					 by the particular classification being sought, which experience shall include
					 the following:
(i) NFPA 1123. Actively
					 participating as an operator or assistant in the performance of at least five
					 outdoor fireworks shows not before a proximate audience, within the scope of
					 coverage of NFPA 1123 for those seeking a Class A or a Class B certificate;
					 and
(ii) NFPA 1126. Actively
					 participating as an operator or assistant in the setup and loading of at least
					 five shows before a proximate audience within the scope of coverage of NFPA
					 1126 for those seeking either a Class A or a Class C certificate under this
					 Subpart.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-2 - Special Provisions For Pyrotechnicians › Section 61-2.5 - Certification procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The general provisions set forth at section
						61-1.5 
						of this Part shall apply under this Subpart, except as follows:
(a) Investigations. For certification under
					 this Subpart, each of the items set forth at section
					 61-1.5(a)(3) 
					 of this Part will be part of the commissioner's investigation of
					 applicants.
(b) Examination. Each
					 applicant for a certificate of competence shall, and each applicant for a
					 renewal of such certificate may, be required by the commissioner to take and
					 successfully pass an appropriate written examination.
(c) Issuance of certificates without
					 examinations. The commissioner may issue a certificate of competence without a
					 written examination to:
(1) the holder of a
					 license or certificate issued by another state or government entity that allows
					 such holder to engage in pyrotechnic operations when, in the opinion of the
					 commissioner, the standards used by such other entity for the certification or
					 licensing of pyrotechnicians are comparable to this Subpart;
(2) any individual who files an application
					 prior to the commissioner's determination of a schedule for conducting written
					 examinations under this Subpart and establishes at least three years of actual
					 experience as an operator on the types of shows covered by the particular
					 classification being sought: an operator on five NFPA 1123 shows for Class A or
					 Class B, and an operator on five NFPA 1126 shows for Class A or Class C. Such
					 individuals may be required to take and successfully pass an appropriate
					 written examination before renewing their certificates.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-2 - Special Provisions For Pyrotechnicians › Section 61-2.6 - Pyrotechnician examining board

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall appoint an examining board, which
						shall consist of at least three members. At least one member of such board
						shall be a certified pyrotechnician and at least one other member of such board
						shall be a representative of a company that conducts pyrotechnics or fireworks
						shows.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-2 - Special Provisions For Pyrotechnicians › Section 61-2.7 - Reporting and recordkeeping

Current through Register Vol. 46, No. 28, July 10, 2024
Each operator shall maintain a copy of every permit for
						each show conducted in New York, together with a record identifying every
						individual who actually worked on such show as a pyrotechnician, including, but
						not limited to, operators and authorized assistants. Such records shall be
						maintained for no less than five years after the date of the show and shall be
						made available to the commissioner, upon request. The commissioner may, after
						consultation with the pyrotechnics examining board, establish additional
						recordkeeping and reporting requirements concerning accidents and incidents
						that may warrant investigation or study to protect the public
						safety.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-2 - Special Provisions For Pyrotechnicians › Section 61-2.8 - Standards for conduct of shows

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 employer, contractor, or agent, including a sponsor or supplier, shall
					 knowingly permit any individual to act as a certified operator unless such
					 individual is a certified pyrotechnician working within the scope of the
					 individual's certified classification.
(b) Shows shall be conducted by a certified
					 operator who may be aided by authorized assistants. Every show shall be
					 conducted in compliance with NFPA 1123, or NFPA 1126, or both, if applicable,
					 and with the terms of a permit granted under either Penal Law, section
					 405.00, permits for public displays of
					 fireworks, or Penal Law, section
					 405.10, permits for indoor pyrotechnics,
					 as applicable.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-3 - Special Provisions For Crane Operators › Section 61-3.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to every individual who operates a
						crane, as herein defined, operating in construction, demolition or excavation
						work. The commissioner finds that the trade or occupation of operating cranes,
						as herein defined, in construction, demolition and excavation work involves
						such elements of danger to the lives, health and safety of persons employed in
						such trade or occupation as to require special regulations for their protection
						and for the protection of other employees and the public in that such cranes
						may fall over, collapse, contact electric power lines, dislodge material and
						cause such material to fall or fail to support intended loads and convey them
						safely, unless such cranes are operated by individuals of proper ability,
						judgment and diligence.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-3 - Special Provisions For Crane Operators › Section 61-3.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Apprentice. An
					 individual who is at least 18 years of age and who has the permission of the
					 owner or lessee of a crane to take instruction in its operation and is
					 operating such crane under the direct supervision of a certified crane operator
					 or public operator.
(b) Certified
					 crane operator. An individual who holds a valid certificate of competence to
					 operate a crane issued by the commissioner.
(c) Crane. Shall mean any tower crane or
					 mobile crane.
(d) Mechanic. An
					 individual who is at least 21 years of age and is employed only to test or
					 repair a crane and is operating it for such purpose while under the direct
					 supervision of a certified crane operator or public operator.
(e) Mobile crane. A mobile, carrier-mounted,
					 power-operated hoisting machine utilizing hoisting rope and a power-operated
					 boom which moves laterally by rotation of the machine on the carrier having a
					 manufacturers' maximum rated capacity exceeding five tons or a boom exceeding
					 40 feet in length.
(f) Public
					 operator. An individual who is at least 21 years of age and is employed by the
					 Federal government, the State or a political subdivision, agency or authority
					 of the State and is operating a crane owned or leased by the Federal
					 government, the State or such political subdivision, agency or authority and
					 his assigned duties include operation of a crane.
(g) Tower crane. Any lifting structure that
					 uses a vertical mast or tower to support a working boom or jib in an elevated
					 position having a base that is either fixed or ballasted and moveable between
					 locations.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-3 - Special Provisions For Crane Operators › Section 61-3.3 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Classifications
					 of certificate of competence for cranes. There shall be the following
					 classifications of certificates of competence issued to crane operators:
(1) Class A (unrestricted) - unrestricted:
					 may operate all cranes including cranes having a fixed lattice boom, with or
					 without free fall capability, conventional tower cranes, derricks and all
					 cranes with free fall capability. Conventional, cable, lattice boom, and
					 friction are names that have been used in reference to this class. A
					 certificate of competence for Class A allows the holder to operate any
					 crane.
(2) Class B (hydraulic) -
					 restricted: may operate all hydraulic cranes which have a telescopic boom and
					 swinging cab with no restriction on maximum manufacturer's rating. This class
					 also includes small trailer or truck mounted self-erecting tower cranes, as
					 well as boom trucks having a manufacturer's rated capacity of over 28 tons. A
					 certificate of competence for Class B allows the holder to operate Class B, C
					 and D cranes.
(3) Class C (boom
					 truck) - restricted: may operate cranes having telescopic booms which are
					 generally truck mounted and up to 28 ton maximum manufacturers' rated capacity.
					 A certificate of competence for Class C allows the holder to operate Class C
					 and D cranes.
(4) Class D
					 (restricted boom truck) - restricted: may operate cranes having telescopic
					 booms which are generally truck mounted and up to three ton maximum
					 manufacturer's rated capacity, and up to 125 feet of boom. These cranes are
					 also referred to as sign hangers, but their use is not restricted to that
					 industry. A certificate of competence for Class D allows the holder to operate
					 Class D cranes only.
(5) Class E -
					 reserved.
(6) Class F (line truck)
					 - restricted: may operate cranes that have up to 15 ton maximum manufacturers'
					 rated capacity, 65 foot maximum boom length, utilize a non-conductive tip with
					 nylon rope, for use in electrical applications only. These cranes are also
					 referred to as digger derricks. A certificate of competence for Class F allows
					 the holder to operate Class F cranes only.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 61 - Occupational Licensing And Certification › Subpart 61-3 - Special Provisions For Crane Operators › Section 61-3.4 - Qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
The general provisions set forth at section
						61-1.4 
						of this Part shall apply under this Subpart except as follows:
(a) Age. The minimum age of each applicant
					 for a certificate of competence shall be 21 years of age.
(b) Experience. The minimum necessary
					 experience for each applicant shall be three years practical experience in the
					 operation of cranes and, in addition, practical knowledge of crane
					 maintenance.