N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 59-1.12 - Certification of workplace safety and loss prevention consultants

(a) Any individual performing a workplace safety and loss prevention consultation for a participating employer under this rule, other than those consultants employed by the department for this purpose, shall be certified by the department.

(b) In order to be eligible for certification, individuals must possess the following qualifications:

(1) certification as a certified safety professional (CSP) granted by the Board of Certified Safety Professionals (BCSP);

(2) certification as a certified industrial hygienist (CIH) granted by the American Board of Industrial Hygiene (ABIH);

(3) certification as a certified safety executive (CSE), certified safety manager (CSM), or certified safety specialist (CSS) granted by the World Safety Organization;

(4) New York State license as a professional engineer, with five years of documented professional safety and health experience within the last eight years prior to the filing of the application for certification;

(5) a Bachelor of Science degree in industrial hygiene, safety, occupational safety and health, biology, chemistry, environmental health and science, physics, engineering, or a related field, with five years documented professional safety and health experience within the last eight years prior to the filing of the application for certification deemed acceptable by the commissioner;

(6) eight and one-half years of documented professional safety and health experience deemed acceptable to the commissioner within the last 10 years prior to the filing of the application for certification;

(7) an insurance professional with qualifications as an Associate in Loss Control Management or an Associate in Risk Management plus five years appropriate safety and loss prevention experience; or

(8) a department employee designated by the commissioner and in one of the following Civil Service titles: Safety and Health Inspector, Senior Safety and Health Inspector, Associate Safety and Health Inspector, Supervising Safety and Health Inspector, Senior Industrial Hygienist, Associate Industrial Hygienist, Supervising Industrial Hygienist, Principal Industrial Hygienist, Senior Safety and Health Engineer, Associate Safety and Health Engineer or Principal Safety and Health Engineer. Designated department employees are automatically certified.

(c) For the purposes of the experience qualification set forth in this section, professional safety and health experience is work experience which includes analysis, synthesis, design, investigation, planning, and communication to optimally control or reduce the hazards and exposures which would be detrimental to the safety and health of individuals. Additionally, professional safety and health experience is work experience in which an applicant has developed and defended recommendations for analytical approaches and engineering or administrative controls designed to control or reduce safety and health hazards to individuals.

(d) Individuals who perform the workplace safety and loss prevention consultation or review functions set forth in this rule shall limit their activities under this rule to the area(s) of their expertise.

(e) All applications for certification as a consultant shall be submitted to the department in writing on forms provided for that purpose and shall be accompanied by any other information or documentation deemed necessary by the department.

(f) The commissioner shall notify the applicant in writing of the issuance or denial of the certification or of the need for further information from the applicant in order to process the application. Notification of denial of an application shall set forth the grounds for such denial.

(g) Repealed.

(h) Applicants must apply for recertification every three years.

Applicants for recertification must advise the department of any circumstances which have occurred within the last three years which would disqualify them from recertification pursuant to the criteria set forth in this section.

(i) A consultant's certification may be suspended or revoked by the commissioner upon receipt of a complaint by the department and upon a determination by the commissioner that:

(1) the consultant's hazard analysis or safety and loss prevention program development is in conflict with generally recognized good safety practices that are applicable to the worksite;

(2) the consultant knowingly included false or misleading information in any report required by this rule; or

(3) the consultant no longer meets the qualifications for certification set forth in this rule.

(j) Upon making a determination that a consultant's certificate should be revoked or suspended, the commissioner shall inform the consultant in writing, setting forth the reasons for the determination.

(k) A consultant's certificate which has been suspended or revoked may be reinstated under the following circumstances:

(1) If the revocation or suspension was premised upon a failure of the consultant to meet the qualifications for certification set forth in this section, upon a demonstration by the consultant that those qualifications have been met.

(2) If the revocation or suspension was premised upon findings described in paragraphs (i)(1) and (2) of this section, upon the commissioner's review and approval of the re-application for such certification by the individual. Such re-application may be submitted no sooner than 30 days prior to the expiration of the period of suspension or revocation established by the commissioner.

(l) An individual applying for reinstatement of a workplace safety and loss prevention consultant certification shall be subject to the same procedures as those which pertained to application for the original certificate.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 59-1.12

Amended New York State Register July 8, 2015/Volume XXXVII, Issue 27, eff. 7/8/2015