N.Y. Labor Law § 946: Minimum work standards for the conduct of mold remediation by licensed persons

§ 946. Minimum work standards for the conduct of mold remediation by

licensed persons. 1. A mold remediation licensee shall prepare a mold

remediation work plan that is specific to each project, fulfills all the

requirements of the mold remediation plan developed by the mold

assessment licensee as provided to the client and provides specific

instructions and/or standard operating procedures for how a mold

remediation project will be performed. The mold remediation licensee

shall provide the mold remediation work plan to the client before site

preparation work begins.

2. If a mold assessment licensee specifies in the mold remediation

plan that personal protection equipment (PPE) is required for the

project, the mold remediation licensee shall provide the specified PPE

to all employees who engage in remediation activities and who will, or

are anticipated to, disturb or remove mold contamination. The

containment, when constructed as described in the remediation work plan

and under normal conditions of use, must prevent the spread of mold to

areas outside the containment.

3. Signs advising that a mold remediation project is in progress shall

be displayed at all accessible entrances to remediation areas.

4. No person shall remove or dismantle any containment structures or

materials from a project site prior to receipt by the mold remediation

licensee overseeing the project of a notice from a mold assessment

licensee that the project has achieved clearance as described in section

nine hundred forty-seven of this title.

5. Disinfectants, biocides and antimicrobial coatings may be used only

if their use is specified in a mold remediation plan, if they are

registered by the United States Environmental Protection Agency for the

intended use and if the use is consistent with the manufacturer's

labeling instructions. If a plan specifies the use of such a product but

does not specify the brand or type of product, a mold remediation

licensee may select the brand or type of product to be used. A decision

by a mold assessment or remediation licensee to use such a product must

take into account the potential for occupant sensitivities and possible

adverse reactions to chemicals that have the potential to be off-gassed

from surfaces coated with the product.