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Public Safety and Occupational Safety and Health

Asbestos Control and Licensing

a worker wearing protective clothing while clearing hazardous in an attic

The Asbestos Control and Licensing Act (ACLA) (N.J.S.A. 34:5A-32 et seq.) and Regulations (N.J.A.C. 12:120) require that asbestos abatement companies obtain New Jersey State-issued licenses and that individuals performing asbestos work obtain State-issued asbestos worker or supervisor performance identification permits. The company asbestos license is dated when issued, contains the expiration date, and is signed by the Commissioner of Labor and Workforce Development. Similarly, the asbestos worker or supervisor performance identification permits issued to individuals are dated when issued, and contain the expiration date and signature of the Commissioner of Labor and Workforce Development.

Overview

In the interest of protecting public health and safety, the ACLA requires that asbestos abatement work involving the application, enclosure, repair, removal and encapsulation of asbestos be performed by State certified companies and individuals. The Asbestos Control and Licensing Section within the Department of Labor and Workforce Development verifies that individuals have successfully completed an approved training course and written examination administered by the Department of Health and Senior Services. Applicant companies are required to submit an application for review that demonstrates competence, knowledge and ability to perform asbestos abatement work safely in order to be granted approval as a licensee by the Department of Labor and Workforce Development.

Authority

Via the Act, the Commissioner of Labor and Workforce Development may place reasonable conditions on licenses and permits specifying the scope of work authorized by such license or permit.

The ACLA authorizes the Department of Labor and Workforce Development by regulation, to establish, charge and collect reasonable annual fees for licenses and permits, to issue administrative orders, to investigate complaints, to impose administrative fines and sanctions, and to initiate criminal prosecution as a crime of the third degree for violations committed under the ACLA.

The ACLA excludes from the license and permit requirements those employers and employees subject to the Federal Occupational Safety and Health Act of 1970 (OSHA) who use their own employees to perform asbestos abatement work in their own facility.

Applications and Forms