Sunday, April 3, 2016

New York Department of Labor Mold Program Updates - March 31, 2016

Do you work with mold in New York? Checkout the Mold Program updates below:

DOL has updated the mold website with answers to some frequently asked questions (FAQs) regarding mold remediation work standards. The FAQs are pasted below for your convenience and can be found at this link:

DOL has been notified that some licensed remediation contractors have been providing homeowners with a “fill-in the-blank” form to complete their own mold assessment; this practice is not allowed (see item 2 below).

  1. Can a licensed mold remediator perform work on a project for a client without an assessment from a licensed mold assessor?

  2. No. Labor Law Article 32 Section 946 (1) provides that a licensed mold remediator cannot perform work on a project without an assessment performed by a licensed assessor. Before beginning site preparation work, the law requires that a licensed remediator:
    • obtain a copy of the licensed mold assessor's mold remediation plan from the client;
    • prepare a mold remediation work plan ("work plan") that fulfills all of the requirements of the licensed assessor's mold remediation plan; and
    • provide a copy of the newly prepared "work plan" to the client.

  3. Can a licensed mold remediator also perform the assessment on the same project?

  4. No. Labor Law Section 936 (2), states that no licensee shall perform both mold assessment and mold remediation on the same project. If the licensed mold remediator on a project engages in assessment conduct that would otherwise be performed by a licensed mold assessor on that project, the licensed mold remediator has violated Section 936 of the Labor Law. This includes the practice of providing the client with a "fill-in-the-blank" assessment form.

  5. Can a licensed mold remediator perform work on a project without an assessment if the owner of the home or property provides a waiver?

  6. No. The Labor Law does not allow a licensed mold remediator to perform work on a project without an assessment from a licensed mold assessor. In addition, Labor Law Section 936 prohibits a licensee from performing both the mold assessment and the mold remediation on the same project.

The Mold Assessor license application has been separated into two forms – one for an individual license and one for a company license.
Minor changes were made to the Mold Remediation Contractor and Mold Abatement Worker license applications as well. If your application has been submitted and/or approved using the previous mold licensing forms, you do not need to resubmit your application with the new forms.

Need to update your mold certification? Check out our mold inspector, assessor, remediator, and abatement courses!

1 comment:

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