N.Y. Labor Law § 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.