3314.4.5 Requirements for Workers Who Erect, Repair, Maintain, Modify or Remove Supported Scaffolds

  No person shall knowingly permit or cause an individual who does not have the experience and training required by this paragraph to perform any of the work described in this paragraph.

  Workers who erect, repair, maintain, modify or remove supported scaffolds 40 feet (12 192 mm) or more in height shall, at a minimum, have completed a department-approved training program or course that is at least 32 hours long, and shall complete a department-approved 8-hour refresher program or course every 4 years thereafter. The training program or course shall be based on the United States Department of Labor Occupational Safety and Health Department ("OSHA") scaffold safety and training guidelines and the scaffold requirements of this chapter. The training program or course shall be conducted by a registered New York State Department of Labor apprenticeship training program or by an educational institution or school chartered, licensed or registered by the New York State Department of Education or by a provider approved by the department and presented by an instructor(s) deemed qualified and competent in accordance with OSHA regulations.

  Successful completion of the training program or course shall be evidenced by a dated scaffold certificate of completion issued by the provider of the training program or course. The certificate or a valid wallet card version of the certificate shall be readily available to the commissioner upon request, and shall be deemed valid for four years from its date of issuance.

  Workers who erect, repair, maintain, modify, or remove a sidewalk shed that provides a base for a scaffold 40 feet (12 192 mm) or more in height are subject to the above requirements.

  The requirement that a refresher program or course be completed every four years shall apply retroactively to individuals who satisfied such requirements prior to the effective date of this code.