N.J. Admin. Code § 12:120-4.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 12:120-4.5 - Granting of employer license

(a) A license shall be granted in accordance with (b) below, when an employer can comply with 12:120-4.4 and 8:60-4.4.

(b) The license for an employer shall:

1. Be in writing;

2. Contain the date of issuance;

3. Contain the date of expiration;

4. Contain the name and address of the employer to whom it is issued;

5. Be valid for one year from the date of issuance;

6. Be signed by the Commissioner of Labor and Workforce Development or his or her designee; and

7. Be nontransferable.

i. A transfer includes, but is not limited to, the sale of stock in the form of a statutory merger or consolidation, the sale of the controlling shares of the assets, the conveyance of real property, the dissolution of corporate identity, and the financial reorganization and initiation of bankruptcy proceedings.

ii. The Commissioner shall reasonably have the right to examine and review all pertinent employer records relating to ownership to facilitate determinations on transfers.

(c) The license shall be issued by the Commissioner as:

1. An "A" license granting approval to the employer to perform any type of asbestos work.

2. A "B" license granting approval to the employer to remove asbestos-containing material from mechanical systems, such as pipes, boilers, ducts, flues, or breeching.

(d) The Commissioner may issue employer licenses with such conditions as the Commissioner deems necessary, and as adopted by regulation, specifying the scope of work authorized by such licenses.

(e) The Commissioner shall not grant a license unless the employer has certified that the employer's supervisor has completed a training course and examination certified and approved by the Department of Health .

N.J. Admin. Code § 12:120-4.5

Amended by 50 N.J.R. 1149(a), effective 4/16/2018