New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 56 - Asbestos › Subpart 56-2 - Definitions › Section 56-2.1 - Terms

Current through Register Vol. 46, No. 28, July 10, 2024
As used in or in connection with the Part, the following
						terms mean:
(a)
Abatement.
Any portion of an asbestos project that includes
						procedures to control fiber release from asbestos containing material. This
						includes removal, encapsulation, enclosure, repair, or handling of asbestos
						material that may result in the release of asbestos fiber.
(b)
Accepted
					 methods/methodologies.
Procedures, regulations, or standards, which are
						published by recognized standards organizations (
e.g.,
NIOSH,
						ASTM, ANSI), or are included within Federal, State or local governmental
						regulations (
e.g.,
OSHA, USEPA).
(c)
Active project.
A project becomes active when construction of the
						personal decontamination unit is required to be commenced, or when ACM, PACM or
						asbestos material is disturbed, whichever comes first, and is considered active
						until completion of Phase IID, unless, in response to a written request,
						permission is granted by the Department of Labor Engineering Services Unit to
						suspend the work on the project for a specified time period.
(d)
Additional contractual work.
Additional asbestos abatement work not originally
						included within the NYS DOL asbestos project notification.
(e)
Adequately wet.
Sufficiently mix or penetrate a material with amended
						water to prevent the release of visible emissions. If visible emissions are
						observed coming from asbestos-containing material, then the material has not
						been adequately wetted.
(f)
Aggressive air sampling.
An accepted method of sampling in which mechanical
						equipment is used before and during the sampling period to stir up settled
						dust/asbestos fibers.
(g)
Agricultural building/structure.
A building/structure which is or was used exclusively for
						agricultural or horticultural activity. This definition does not include
						converted structures or buildings currently used for residential purposes or
						the processing or retail merchandising of agricultural or horticultural
						commodities.
(h)
Airlock.
A system for permitting entrance and exit, while
						restricting air movement, between a contaminated area and an uncontaminated
						area.
(i)
Air
					 sampling.
The process of measuring the fiber content of a known
						volume of air collected during a specific period of time, using accepted
						methodologies.
(j)
Ambient air sampling.
A method of sampling by which an air sample is collected
						outside the regulated abatement work area, and is collected without the use of
						aggressive air sampling techniques.
(k)
Amended water.
Water to which a surfactant has been added.
(l)
Approved asbestos safety
					 training program.
A program, approved by the New York State Commissioner of
						Health, providing training in the various disciplines that may be involved in
						an asbestos project.
(m)
Asbestos.
Any naturally occurring hydrated mineral silicate
						separable into commercially usable fibers, including chrysotile (serpentine),
						amosite (cumingtonite-grunerite), crocidolite (riebeckite), tremolite,
						anthophyllite and actinolite.
(n)
Asbestos abatement
					 contractor.
An asbestos contractor who performs abatement during an
						asbestos project or employs persons performing such abatement.
(o)
Asbestos abatement
					 contractor daily project log.
A bound daily narrative journal maintained by the
						asbestos abatement contractor, which contains a synopsis of all pertinent
						events that occur throughout Phase II of the asbestos project.
(p)
Asbestos containing
					 material (ACM).
Any material containing greater than one percent of
						asbestos, also known as asbestos material.
(q)
Asbestos contractor.
The State, any political subdivision of the State, a
						public authority or any other governmental agency or instrumentality thereof,
						self-employed person, company, unincorporated association, firm, partnership or
						corporation and any owner or operator thereof, which engages in any portion of
						an asbestos project, or employs persons engaged in any portion of an asbestos
						project.
(1) Exception: Property
					 owners or prime contractors who hire asbestos contractors, but do not,
					 themselves, direct or control the work.