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NYS Toxic Mold Task Force Report 2010

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K. Background information on certification, training and licensing programs for assessment and remediation services and public education programs 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. 1. Reviews and approves applications, including all curricula and instructors for training providers who meet qualifications. 2. Conducts compliance audits of approved trainers. 3. 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. NYS Department of Labor, Asbestos Control Program (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. Louisiana - Requires licensure and regulation via licensing by the State Licensing Board of Contractors for persons who perform mold remediation services. The license is required for removal, cleaning, sanitizing, demolition or other treatment for prevention of mold growth. 1. Adopt rules/regulations to administer mold remediation 2. Issue, suspend modify revoke license to practice mold remediation 3. Report violations to the attorney general 4. Maintain an up-to-date list of licensees 5. Adopt minimum standard of practice to conduct mold remediation (18 years old, high school education or equivalent, approved training/course work) Texas- Provides for training and licensing for mold assessment and remediation services to ensure that persons conducting mold assessment and remediation services in Texas are properly trained and licensed and are following minimum standards to protect the health of workers and building occupants. Focus is to provide oversight and education of the regulated community while providing information services to the general public. Conduct a statewide education and outreach program on the importance of and ways to improve air quality in buildings, including ways to recognize, prevent, control and mitigate mold occurrence (develop and distribute information, education programs, informational or educational exhibits, and other methods of education or communication that dept. considers appropriate). 147

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