Home » 2010 Issues » October 20, 2010 » LAB-31-10-00003-A Licensing of Blasters, Crane Operators, Pyrotechnicians and Laser Operators
LAB-31-10-00003-A Licensing of Blasters, Crane Operators, Pyrotechnicians and Laser Operators
10/20/10 N.Y. St. Reg. LAB-31-10-00003-A
NEW YORK STATE REGISTER
VOLUME XXXII, ISSUE 42
October 20, 2010
RULE MAKING ACTIVITIES
DEPARTMENT OF LABOR
NOTICE OF ADOPTION
I.D No. LAB-31-10-00003-A
Filing No. 1013
Filing Date. Sept. 30, 2010
Effective Date. Oct. 20, 2010
Licensing of Blasters, Crane Operators, Pyrotechnicians and Laser Operators
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 61 to Title 12 NYCRR.
Statutory authority:
General Business Law, section 483
Subject:
Licensing of blasters, crane operators, pyrotechnicians and laser operators.
Purpose:
To clarify and standardize the licensing of blasters, crane operators, pyrotachnicians and laser operators.
Substance of final rule:
These regulations provide that no individual shall use lasers, operate a crane or act as a blaster or a pyrotechnician without holding a valid certificate of competence issued by the Commissioner of Labor. These regulations provide procedures to regulate these four occupations that have been designated by the legislature as creating special risks to the safety and health of the citizens of New York as well as to their property.
A new part 61 was added to 12 NYCRR to create a single part (12 NYCRR 61) for the licensing and certification requirements for pyrotechnicians, blasters, cane operators and laser operators.
All provisions regarding pyrotechnicians are new because the licensing and certification requirements for pyrotechnicians were only recently added to statute by Chapter 57 of the Laws of 2009.
The licensing and certification requirements regarding crane operators were moved from 12 NYCRR Section 23-8.5 to new Part 61 and amended to establish a smaller number of Crane Board members who need to be present at either examinations or hearings. This will make it easier to schedule examinations, thereby making certain that there will be no delays in the process. The amendments will make it easier to schedule administrative hearings.
The licensing and certification requirements for blasters were moved from 12 NYCRR Section Subparts 39-5 and 39-7 to new Part 61, and revised to conform New York state regulations to nationally recognized safety standards. The proposed amendments require each certified blaster to preserve a comprehensive and accurate record for each blast site. Additionally, the categories of certificates of competence were increased from three to six. These new categories decrease the level of risk to the blaster and the public by ensuring that a blaster is not operating outside of his level of expertise.
The provisions regarding the licensing of laser operators are being moved from 12 NYCRR Subpart 50-9 and have been incorporated into Part 61.
Additionally, under new part 61 all certified individuals will be required to report unusual incidents or events. The Department will accept notification by phone calls, fax, email, in person or any other means acceptable to the Commissioner.
The proposed sections of Part 61 are summarized as follows:
Subpart 61-1 General Provisions
Subpart 61-2 Special Provisions for Pyrotechnicians
Subpart 61-3 Special Provisions for Crane Operators
Subpart 61-4 Special Provisions for Blasters
Supbart 61-5 Special Provisions for Laser Operators.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 61-1.2(j), 61-1.8(a)(4) and 61-2.2(f).
Text of rule and any required statements and analyses may be obtained from:
Victor M. DeBonis, New York State Department of Labor, Harriman State Office Campus, Building 12, Room 509, Albany, NY 12240, (518) 457-4380, email: Joan.Connell@labor.ny.gov
Additional matter required by statute:
National Fire Protection Association, 1123 and 1126 Standards on Fireworks Displays and Use of Pyrotechnics Before a Proximate Audience, and IME Safety Library Publications #3 and #20.
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
There have been no substantial revisions or changes in the text of the Proposed Rule necessitating a modification in the Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement as published in the State Register on August 4, 2010. The Rule is adopted as proposed.
