New Jersey Administrative Code › Title 12 - LABOR AND WORKFORCE DEVELOPMENT › Chapter 120 - ASBESTOS LICENSES AND PERMITS › Subchapter 2 - DEFINITIONS › Section 12:120-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Accepted engineering practices" means those practices which conform to accepted principles, tests, or standards of nationally recognized technical or scientific authorities.
"Act" means the Asbestos Control and Licensing Act, 34:5A-32 et seq.
"Applicant" means any person seeking to obtain either an asbestos abatement worker permit, an asbestos abatement supervisor permit or an employer license, or an agency seeking certification to conduct asbestos abatement training.
"Approved" means acceptable to the Commissioner of Labor and Workforce Development or the Commissioner of Health , as the case may be.
"Asbestos" means the asbestiform varieties of chrysotile; crocidolite; amosite; anthophyllite; tremolite; or actinolite and includes any asbestos-containing material.
"Asbestos-containing material" (ACM) means any material containing more than one percent asbestos which has been applied on any ceiling, wall, duct, boiler, tank, pipe, structural member, or on any other part of a building or equipment.
"Asbestos work" means the application, enclosure, encapsulation, repair, or removal of asbestos-containing material.
"Bulk sample" means a sample of any material taken for identification and quantification of asbestos content, and may include a wide variety of friable and non-friable materials.
"Category I non-friable asbestos-containing material" means asbestos-containing packings, gaskets, resilient floor covering and asphalt materials as defined in 40 CFR Part 61, Subpart M, the National Emission Standard for Hazardous Air Pollutants (NESHAP), incorporated herein by reference, as amended and supplemented.
"Certificant" means any training agency certified by the Department of Health pursuant to N.J.A.C. 8:60-6 and 12:120-6.
"CFR" means the Code of Federal Regulations.
"Commissioner" means the Commissioner of Labor and Workforce Development or his or her authorized designee.
"Commissioner of Health" means the Commissioner of Health or his or her authorized designee.
"Contractor" means an employer who hires workers and supervisors to perform asbestos work or who performs the asbestos work directly.
"Control" means to exercise restraint or direction over any activity concerning asbestos for the purpose of reducing the number of airborne asbestos fibers.
"Department of Health " means the Consumer, Environmental and Occupational Health Service of the New Jersey Department of Health , PO Box 360, Trenton, NJ 08625-0360.
"Division of Public Safety and Occupational Safety and Health" means the Division of Public Safety and Occupational Safety and Health of the New Jersey Department of Labor and Workforce Development, PO Box 386, Trenton, New Jersey, 08625-0386.
"Employee" means:
1. Any person, including supervisory personnel, suffered or permitted to work by an employer; or
2. A member of either a board, corporation, partnership, proprietorship, joint venture, fund, authority or similar entity directly performing asbestos work.
"Employer" means a body, board, person, corporation, partnership, proprietorship, joint venture, fund, authority or similar entity employing, permitting or suffering another to work or directly performing the asbestos work. In the case of a corporation, the officers of the corporation and any agents having the management of the corporation shall be deemed to be employers of the employees of the corporation for the purposes of this Act. This term shall apply to private employers and to the State, its political subdivisions and any boards, commissions, schools, institutions or authorities created or recognized thereby. This term also includes contractors and subcontractors.
"Facility" means any building or structure.
"f/cc" means fibers per cubic centimeter.
"Friable" means asbestos-containing material that when dry may be crumbled, pulverized or reduced to powder by hand pressure, and includes previously non-friable asbestos-containing material after that material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.
"Instructor" means any person(s) hired by a training agency and approved by the Department of Health for the purpose of instructing a Department of Health-approved asbestos training course.
"Interactive/participatory teaching method" means instruction which consists of active participation of the trainees, such as brainstorming, hands-on training, demonstration and practice, small group problem solving, discussions, problem posing, group work assignments, question and answer periods and role-playing sessions. Lecture is not considered an interactive participatory teaching method.
"License" means a certificate documenting acceptance by the Commissioner of an employer as competent to perform the application, enclosure, encapsulation, repair, or removal of asbestos-containing material and to bid for or to contract to perform such work.
"Limited repair" means the utilization of accepted engineering practices to minimize fiber release to return three linear feet or less or to return three square feet or less of damaged asbestos-containing material on any pipe, duct, boiler, tank, structural member or similar equipment to an undamaged condition or to an intact state by the application of duct tape, rewettable glass cloth, canvas, cement or other sealable material to seal exposed areas from which asbestos fibers may be released.
"May" indicates a discretionary action.
"N.J.A.C." means the New Jersey Administrative Code.
"N.J.S.A." means the New Jersey Statutes Annotated.
"Non-friable organically bound material" or "NOB" refers to a wide variety of non-friable building materials embedded in flexible-to-rigid asphalt or vinyl matrices, which includes, but is not limited to, VAT, mastic, asphalt shingles, roofing materials, paint chips, caulking and glazing.
"PCM" or "phase contrast microscopy" means the scientific method of air sampling analysis for the purpose of determining airborne asbestos fiber concentrations in fibers per cubic centimeter of air (f/cc). This analytical method is to be consistent with the National Institute of Occupational Safety and Health (NIOSH) method 7400 as referenced in the 4th Edition, August 15, 1994 with addenda of the NIOSH Manual of Analytical Methods.
"Permit" means a certificate documenting acceptance by the Commissioner of a worker or a supervisor as competent to perform the application, enclosure, encapsulation, repair, or removal of asbestos-containing material. Workers shall work under the direction of a supervisor who holds a valid New Jersey asbestos supervisor permit.
"Public or private building" means any building, including commercial buildings as defined in 40 C.F.R. Part 763, Appendix C to Subpart E. or as defined in N.J.A.C. 5:23-8.
"Removal" means the taking out or the stripping of asbestos-containing surfacing, thermal, or miscellaneous material from a building or structure. Specifically excluded from this definition are roofing and exterior siding materials in all but demolition projects.
"Repair" means the utilization of recommended work practices to minimize fiber release to return more than three linear feet or more than three square feet of damaged asbestos-containing material on any pipe, duct, boiler, tank, structural member or similar equipment to an undamaged condition or to an intact state by the application of duct tape, rewettable glass cloth, canvas, cement or other sealable material to seal exposed areas from which asbestos fibers may be released.
"Shall" indicates a mandatory requirement.
"Subcontractor" means an employer who hires workers and supervisors to perform asbestos work or who performs asbestos work directly.
"Supervisor" means any person who has completed an asbestos supervisor training course approved by the Department of Health and who has successfully passed a written asbestos supervisor examination devised and administered under the approval of the Department of Health for the position of supervisor and who possesses a valid asbestos supervisor permit issued by the Department of Labor and Workforce Development.
"TEM" or "transmission electron microscopy" means an analytical technique which utilizes an electron microscope for identification and quantitation of asbestos in a sample.
1. For asbestos bulk sample analysis, the analytical procedures for TEM are prescribed in the "Test Method -- Method for the Determination of Asbestos in Bulk Building Materials," EPA/600/R-93/116, July 1993, incorporated herein by reference, as amended and supplemented.
2. For asbestos air sample analysis, the analytical procedures for TEM are prescribed in 40 CFR Part 763, Subpart E, Appendix A to Subpart E -- "Interim Transmission Electron Microscopy Analytical Methods -- Mandatory and Non-mandatory -- And Mandatory Section to Determine Completion of Response Actions," incorporated herein by reference, as amended and supplemented.
"Trainee" means any person who is enrolled in an asbestos worker or asbestos supervisor training course approved by the Department of Health .
"Training agency" means a training provider approved or certified by the Department of Health to conduct asbestos training courses.
"Training course" means any asbestos training course approved by the Department of Health in accordance with the requirements of
N.J.A.C. 12:120
and 8:60.
"U.S.C." means the United States Code.
"U.S.E.P.A." means the United States Environmental Protection Agency.
"Vinyl asbestos tile" or "VAT" is a term which is widely used in the asbestos analysis and abatement industry to refer to a variety of flooring products such as vinyl or asphalt asbestos floor tiles and resilient floor coverings.
"Worker" means a person who has completed an asbestos worker training course approved by the Department of Health and who has successfully passed a written asbestos worker examination devised and administered under the approval of the Department of Health for the position of worker and who possesses a valid asbestos worker permit issued by the Department of Labor and Workforce Development.