New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 73 - Asbestos Safety Program Requirements › Section 73.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Approved
				  asbestos safety training program. A program approved by the Commissioner of
				  Health offered in a specific discipline, which provides through qualified
				  instructors training in such areas as the handling, evaluation, and removal of
				  asbestos containing material (ACM), education concerning safety and health
				  risks inherent in such handling and removal, and training in techniques for
				  minimizing the exposure of the public to asbestos fibers, which shall include,
				  but not be limited to instruction in all applicable Federal, State and local
				  laws and regulations.
(b) Asbestos.
				  Any naturally occurring hydrated mineral silicate separable into commercially
				  usable fibers, including chrysotile (serpentine), amosite
				  (cumingtonite-grunerite), crocidolite (riebeckite), termolite, anthophyllite
				  and actinolite.
(c) Asbestos
				  handler. An individual who removes, encapsulates, repairs, or encloses asbestos
				  containing material or who disturbs asbestos containing material.
(d) Asbestos project. Work undertaken by a
				  contractor which involves the installation, removal, encapsulation, application
				  or enclosure of any asbestos containing material, or the disturbance of
				  asbestos containing material except for work in an owner-occupied single family
				  dwelling performed by the owner of such dwelling. Where all asbestos work on a
				  project is subcontracted to a contractor with an asbestos-handling license,
				  only that part of the work involving asbestos containing material shall be
				  deemed to be an asbestos project.
(e) Asbestos safety training program
				  evaluation form. A form provided by the asbestos safety training provider to be
				  completed by the trainees allowing them to evaluate all aspects of the training
				  received.
(f) Asbestos safety
				  training provider. The provider or operator of an approved asbestos safety
				  training program.
(g) Asbestos
				  supervisor. The individual who supervises the asbestos project and ensures that
				  proper asbestos work procedures as well as individual safety procedures are
				  being adhered to.
(h) 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 an asbestos project or employs
				  persons engaged in an asbestos project.
(i) Department. The Department of
				  Health.
(j) Health professional. A
				  person having a degree in community health, environmental health science,
				  industrial hygiene or other related science or a person the commissioner
				  determines is qualified on the basis of knowledge, experience and communication
				  skills to effectively communicate the health effects of asbestos and the risks
				  associated with unsafe handling practices.
(k) Large asbestos project. An asbestos
				  project involving the installation, removal, disturbance, enclosure, or
				  encapsulation of 160 square feet or more of asbestos or asbestos material or
				  260 linear feet or more of asbestos or asbestos material.
(l) Small asbestos project. An asbestos
				  project involving the installation, removal, disturbance, repair, encapsulation
				  or enclosure of more than 10 and less than 160 square feet of asbestos or
				  asbestos material, or more than 25 and less than 260 linear feet of asbestos or
				  asbestos material.
(m) Minor
				  asbestos project. An asbestos project involving the installation, removal,
				  disturbance, repair, encapsulation or enclosure of 10 square feet or less of
				  asbestos or asbestos material, or 25 linear feet or less of asbestos or
				  asbestos material.
(n) Allied
				  trades. Any person performing any limited or special tasks in preparation of or
				  ancillary to an asbestos abatement project, such as a carpenter, electrician,
				  plumber, cable puller, one who installs or repairs heating and ventilation
				  systems or one engaged in a similar occupation or any other person who may
				  incidently disturb asbestos during the course of an asbestos project.
(o) Asbestos project air sampling technician.
				  Any person performing air sampling as required by 12 NYCRR section
				  56-17.4
(p) Inspector. Any person
				  performing the limited tasks involved in the survey, identification, recording
				  and reporting of asbestos material or collecting bulk samples of suspected
				  asbestos materials for laboratory analysis.
(q) Management planner. Any person
				  responsible for using data gathered by inspectors to assess the asbestos
				  containing materials hazard in buildings, determine the appropriate response
				  actions, and develop a schedule for implementing response actions.
(r) Abatement project designer. Any person
				  responsible for designing asbestos abatement projects.
(s) Project monitor. Any person who serves as
				  an on-site representative of the building owner to oversee asbestos abatement
				  work.
(t) Training day. The
				  duration of a day of training is eight hours of which six and one half hours
				  must be contact hours.
(u) Contact
				  hour. A contact hour is sixty minutes of asbestos safety training provided by
				  an approved asbestos safety training provider.
(v) Training director. The individual,
				  designated by the asbestos safety training provider and approved by the
				  department, who is responsible for ensuring that the training program complies
				  with all provisions of this Part. In addition, the training director is the
				  individual who monitors the performance and qualifications of the instructors
				  and the quantity and quality of all of the instruction provided.
(w) Interactive/participatory teaching
				  methods. Instruction where there is active interaction and/or participation of
				  the students during training, as opposed to passive instruction such as
				  lecture. Examples of interactive/participatory teaching methods include, but
				  are not limited to, hands-on workshops, demonstration and practice, small group
				  problem-solving, games, discussions, risk mapping, field visits, walk-throughs,
				  problem-posing, group work assignments, homework and review sessions, question
				  and answer period, skits, and role-playing sessions.
(x) New York State Department of Health
				  certificate of asbestos safety training completion. A certificate issued by the
				  department to an approved training provider to be completed by the training
				  provider and given to trainees who successfully complete a New York State
				  accredited asbestos safety training program. The certificate is the official
				  record of successful completion of New York State accredited asbestos safety
				  training.