§ 901 — Definitions

§ 901. Definitions. As used in this article, the following terms have\nthe meanings indicated:\n 1. "Approved asbestos safety program" means a program approved by the\ncommissioner of health providing training in the handling and use of\nasbestos and asbestos material, education concerning safety and health\nrisks inherent in such handling and use and training in techniques for\nminimizing exposure of the public to asbestos fibers.\n 2. "Asbestos" means any naturally occurring hydrated mineral silicate\nseparable into commercially usable fibers, including chrysotile\n(serpentine), amosite (cummingtonite-grunerite), crocidolite\n(riebeckite), tremolite, anthrophyllite and actinolite.\n 3. "Asbestos contract" means an oral or written agreement contained in\none or more documents for the performance of work on an asbestos project\nand includes all labor, goods and services.\n 4. "Asbestos handling certificate" means a certificate issued by the\ncommissioner pursuant to the provisions of this article to a person who\nhas satisfactorily completed an approved asbestos safety program.\n 5. "Asbestos handling license" means a license issued by the\ncommissioner pursuant to the provisions of this article to an asbestos\ncontractor engaged in an asbestos project.\n 6. "Asbestos material" means any material containing more than one\npercent by weight of asbestos.\n 7. "Asbestos project" means work undertaken which involves the\nremoval, encapsulation, enclosure, repair or disturbance of friable or\nnon-friable asbestos, or any handling of asbestos material that may\nresult in the release of asbestos fiber except for work in an\nowner-occupied single family dwelling performed by the owner of such\ndwelling and, for the purpose of compliance with regulations promulgated\npursuant to subdivision one of section nine hundred six of this article,\nexcept for in-plant operations as defined in subdivision thirteen of\nthis section. Where all asbestos work on a project is subcontracted to\nan asbestos contractor with an asbestos handling license, only that part\nof the work involving asbestos shall be deemed to be an asbestos\nproject.\n 8. "Commissioner" means the commissioner of labor.\n 9. "Asbestos contractor" means the state, any political subdivision of\nthe state, a public authority or any other governmental agency or\ninstrumentality thereof, self-employed person, company, unincorporated\nassociation, firm, partnership or corporation, limited liability\ncorporation or professional limited liability corporation and any owner\nor operator thereof, which engages in any portion of an asbestos project\nor employs persons engaged in an asbestos project.\n 10. "Department" means the department of labor.\n 11. "Entity" means a partnership, association, joint venture, company,\nsole proprietorship, corporation, limited liability corporation,\nprofessional limited liability corporation or any other form of doing\nbusiness.\n 12. "Friable" means any material that when dry, can be crumbled,\npulverized, crushed or reduced to powder by hand pressure or is capable\nof being released into the air by hand pressure.\n 13. "In-plant operations" means work within the premises of an\nemployer other than the state, any political subdivision of the state, a\npublic authority or other governmental agency or instrumentality\nthereof, in an area to which persons other than employees of that\nemployer directly involved in the work will not have access during the\ncourse of the work and which is performed in a manner consistent with\nfederal regulations promulgated under the federal occupational safety\nand health act pursuant to chapter 15 of title twenty-nine of the United\nStates code, and is performed in a manner which will not expose the\npublic or employees of that employer not directly involved with the\nasbestos project to asbestos fibers in excess of background levels or\n..01 fibers per cubic centimeter, provided that the work involves the\nencapsulation, enclosure, removal, repair, disturbance or handling of\n(a) less than one hundred sixty square feet or two hundred sixty linear\nfeet of asbestos or asbestos material and is performed by employees of\nsuch employer or (b) any quantity of non-friable organically bound\nasbestos material.\n 14. "Non-friable organically bound (NOB) asbestos material" means a\nwide range of non-friable asbestos materials embedded in\nflexible-to-rigid asphalt or vinyl matrices, including but not limited\nto, flooring materials, adhesives, mastics, asphalt shingles, roofing\nmaterials and caulks.\n 15. "Parent company" means an entity that directly, or indirectly\nthrough one or more intermediaries, controls the asbestos contractor.\n 16. "Person" means any natural person.\n 17. "Subsidiary" means an entity that is controlled directly, or\nindirectly through one or more intermediaries, by an asbestos contractor\nor by the asbestos contractor's parent company.\n 18. "Substantially owned-affiliated entity" means, in relation to any\nasbestos contractor, any (a) parent company of the asbestos contractor,\n(b) subsidiary of the asbestos contractor, (c) successor of the asbestos\ncontractor, (d) entity in which the parent company of the asbestos\ncontractor owns more than fifty percent of the voting stock, (e) entity\nin which one or more of the top five shareholders of the asbestos\ncontractor individually or collectively also owns a controlling share of\nthe voting stock, or (f) entity which exhibits any other indicia of\ncontrol over the asbestos contractor or over which the asbestos\ncontractor exhibits control, regardless of whether the controlling party\nor parties have any identifiable or documented ownership interest. Such\nindicia shall include, but not be limited to, power or responsibility\nover employment decisions, access to and/or use of the relevant entity's\nassets or equipment, power or responsibility over contracts of the\nentity, responsibility for maintenance or submission of certified\npayroll records, and influence over the business decisions of the\nrelevant entity.\n 19. "Successor" means an entity engaged in work substantially similar\nto that of the predecessor, where there is substantial continuity of\noperation with that of the predecessor.\n