§ 59-1.10 Workplace safety and loss prevention consultation[ and consultation fee charged by department]

2. Subdivision (c) of Section 59-1.10 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:

(c) [Where the consultation is performed by the department, the fee for such consultation shall be $ 350 per day. ]Any [additional ]costs incurred during the course of the consultation, such as sampling, laboratory fees and laboratory reports, shall be paid by the employer[ in addition to the consultation fee].

3. Paragraph 8 of Subdivision (b) of Section 59-1.12 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:

(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[ and shall not apply to the department for certification nor pay a certification fee].

4. Subdivision (e) of Section 59-1.12 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:

(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.[ In addition, all applications shall be accompanied by a nonrefundable application fee of $100 and shall be sent to the address specified in the application package.]

5. Subdivision (g) of Section 59-1.12 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed and reserved.

6. Subdivision (h) of Section 59-1.12 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:

(h) Applicants must apply for recertification every three years. [, and will be assessed a recertification fee which shall be a sliding scale, recertification fee for an individual or firms that provide consultation services, as follows:

]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.[ There shall be no application fee for recertifications.]

7. Subdivision (l) of Section 59-1.12 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:

(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[, except that in the event that certification is reinstated within the period of time during which it would have been valid but for its revocation or suspension, the certificate holder shall not be required to pay a new certification or application fee for such reinstated certification].

8. Subdivision (d) of Section 60-1.5 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed.

9. Subdivision (c) of Section 60-1.6 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed and reserved.

10. Subdivision (b) of Section 60-1.8 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed and reserved.

11. Subdivision (b) of Section 60-1.17 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:

(b) Designated Department employees are automatically Certified and shall not be required to apply to the Department for Certification[ nor pay a Certification fee]. An employee designated by the Department shall be in any of the Civil Service titles deemed appropriate by the Commissioner.

12. Subdivision (i) of Section 60-1.17 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:

(i) [Costs of ]Certifications:

(1) All applications for Certification as a Specialist 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 for the purposes of Certification.[ All applications shall be accompanied by a non-refundable application fee of $ 100 for each Certification sought, made payable to the "Commissioner of Labor." If the applicant is approved by the Department, the non-refundable application fee(s) of $100 will be applied to the Certification fee(s).]

13. Paragraphs (3) (4) and (6) of Subdivision (i) of Section 60-1.17 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York are repealed and reserved.

14. Paragraph (5) of Subdivision (i) of Section 60-1.17 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended as follows:

(5) A Specialist must apply for Recertification every three years.[ There shall be a $ 50 non-refundable application fee for each Recertification. If the applicant is approved by the Department, the non-refundable application fee of $ 50 will be applied to the Recertification fee.]

15. Subdivision (n) of Section 60-1.17 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended as follows:

(n) A Specialist applying for reinstatement of Certification shall be subject to the same procedures as those which pertained to application for the original Certification[, except that in the event that Certification is reinstated within the period of time during which it would have been valid but for its revocation or suspension, the Certificate holder shall not be required to pay a new Certification or application fee for such reinstated Certification].

16. Section 82.2 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed.

17. Section 82.4 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:

(a)[ Certificate of competence. A non-refundable fee of $60 shall be paid in advance to the Commissioner of Labor for a certificate of competence to operate a mobile laser, and for each triennial renewal thereof.

(b) ]Registration of installations and mobile lasers. A non-refundable fee of $ 600 shall be paid to the Commissioner of Labor upon the registration of a laser installation or mobile laser, and for each triennial renewal thereof. Such fee shall also be payable to the Commissioner of Labor for any existing laser installation or mobile laser presently registered with the Commissioner of Labor and upon payment thereof such present registration shall be valid for a period of three years from and after the date this section becomes effective. Exception: Laser installations and mobile lasers utilizing approved low intensity lasers exclusively are exempt from this fee requirement.

18. Section 82.5 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed.

19. Section 82.6 of the Official Compilation of Codes, Rules and Regulations of the State of New York is amended to read as follows:

(a)[ A non-refundable fee of $600, payable to the Commissioner of Labor, shall accompany an application for the review of a quality control system of a boiler manufacturer or repairer and each triennial renewal thereof.

(b)] A non-refundable fee of $100, payable to the Commissioner of Labor, shall accompany each application to take the National Board of Boiler and Pressure Vessel Inspectors quarterly exam, administered by the Department.

[(c) A non-refundable fee of $35 shall be paid in advance to the Commissioner of Labor for a boiler inspector certificate of competence and shall accompany each annual renewal thereof.]

20. Section 82.7 of Title 12 of the Official Compilation of Codes, Rules and Regulations of the State of New York is repealed.

Statutory Authority: Labor Law §§ 21(11), 204(3) and Workers Compensation Law § 134(5).

Legislative Objectives: The authorizing sections of law, both generally permitting the Commissioner of Labor (hereinafter “Commissioner”) through Section 21(11) of the Labor Law to issue regulations, Section 204 of the Labor Law in relation to regulation of boilers, and in Section 134(5) of the Worker’s Compensation Law in relation to regulation of workplace safety and loss programs, provide the Commissioner with authority over the administration and assessment of fees. In order to minimize impact on the regulated community, while ensuring that the protections contained in the Labor Law are effectuated, the proposed rulemaking eliminate fees for purposes of reducing costs for the regulated community.

Needs and Benefits: Elimination of fees assessed by the Commissioner will improve regulatory conditions in the State, by reducing costs on the regulated community.

Costs: The Department estimates that there will be no costs to the regulated community to implement this rulemaking. There would be a reduction in costs realized by the regulated community upon adoption of this rule/ these proposed fee reductions. The estimated annual savings for the regulations community as a result of this rulemaking is $150,000. The Department estimates that the elimination of the fees currently assessed will result in increased costs to the State.

Local Government Mandate: Elimination of fees effectuated by adoption of this/these rule(s) will not impose any mandate upon local governments or municipalities; rather it may remove limited financial burdens imposed on localities.

Paperwork: This rulemaking does not impact any reporting requirements currently required in either statute or regulation.

Duplication: This rulemaking does not duplicate, overlap or conflict with any other State or federal requirements.

Alternatives: There were no significant alternatives considered. The Department is seeking to adopt these fees eliminating fees in furtherance of the Governor’s initiative to reduce administrative fees imposed upon the regulated community.

Federal Standards: This rulemaking is unrelated to any Federal rule or standard.

Compliance Schedule: This rulemaking shall become effective upon publication of its adoption in the State Register.

Effect of Rule: This rulemaking will eliminate fees currently assessed by the Department of Labor (hereinafter “Department”). The Department anticipates this will have a positive impact on small businesses and local governments currently being assessed such fees.

Compliance Requirements: Small businesses and local governments will not have to undertake any new reporting, recordkeeping, or other affirmative act in order to comply with this rulemaking.

Professional Services: No professional services would be required to effectuate the purposes of this rulemaking.

Compliance Costs: Small businesses and local governments will not incur costs to comply with this rulemaking.

Economic and Technological Feasibility: The rulemaking does not require any use of technology to comply.

Minimizing Adverse Impact: This rulemaking provides approximately $150,000 in relief from fees currently being assessed by the Department. The Department does not anticipate that this rulemaking will adversely impact small businesses or local government. Since no adverse impact to small business or local government will be realized, it was unnecessary for the Department to consider approaches for minimizing adverse economic impacts as suggested in SAPA § 202-b(1).

Small Business and Local Government Participation: The Department anticipates that elimination of certain fees currently assessed will not have an adverse economic impact upon small business or local government nor will it impose new reporting, recordkeeping, or other compliance requirements upon them. Nevertheless, the Department has ensured that small businesses and local governments will have an opportunity to participate in the rule-making process. The Department will elicit input from small businesses and local governments during the public comment period.

Initial review of the rule: Initial review of this rulemaking shall occur no later than the third calendar year in which it is adopted.

1. Types and estimated numbers of rural areas: The Department of Labor (hereinafter “Department”) anticipates that the elimination of certain fees presently assessed pursuant to these sections 59, 60, and 82 of Title 12 of the New York Code of Rules and Regulations will have a positive or neutral impact upon all areas of the state; there is no adverse impact anticipated upon any rural area of the state resulting from adoption of this rulemaking.

2. Reporting, recordkeeping and other compliance requirements: This rulemaking will not otherwise impact reporting, recordkeeping or other compliance requirements.

3. Professional services: No professional services will be required to comply with this rule.

4. Costs: The Department estimates the cost to comply with this rule are minimal. There is an anticipated reduction of $150,000 in fees assessed on the regulated community upon adoption of this rulemaking through the proposed fee reductions/eliminations. The Department estimates that the elimination of the fees currently assessed will result in increased costs to the State.

5. Minimizing adverse impact: The Department does not anticipate that the adopted changes in regulation eliminating fees will have an adverse impact upon any region of the state. As such, different requirements for rural areas were not necessary.

6. Rural area participation: The Department has ensured that employers from all regions of the state, including rural areas, will have an opportunity to participate in the rule-making process. The Department will elicit input from members of the regulated community in rural areas during the public comment period.

Nature of impact: The Department of Labor (hereinafter “Department”) projects there will be no adverse impact on jobs or employment opportunities in the State of New York as a result of this proposed rulemaking. This rulemaking provides for the elimination of fees currently assessed upon certain regulated community members. The nature and purpose of the rule is such that it will not have a substantial adverse impact on jobs or employment opportunities.

Categories and numbers affected: The Department does not anticipate that this rulemaking will have an adverse impact on jobs or employment opportunities in any category of employment.

Regions of adverse impact: The Department does not anticipate that adoption of this rulemaking an adverse impact upon jobs or employment opportunities statewide or in any particular region of the state.

Minimizing adverse impact: Since the Department does not anticipate any adverse impact upon jobs or employment opportunities resulting from these fees being eliminated, no measures to minimize any unnecessary adverse impact on existing jobs or to promote the development of new employment opportunities are required.

Self-employment opportunities: The Department does not foresee a measureable impact upon opportunities for self-employment resulting from adoption of this rulemaking.

Initial review of the rule: Initial review of this rulemaking shall occur no later than the third calendar year in which it is adopted.