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 56-3 - Administrative › Section 56-3.2 - Certification requirements and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certification and training required. No
					 asbestos contractor shall engage in or permit a person employed by the asbestos
					 contractor to engage in or supervise work on an asbestos project unless each
					 such person has a valid asbestos handling certificate issued by the
					 commissioner appropriate to the work performed by such person on an asbestos
					 project as defined in this Part. Training for all types asbestos handling
					 certificates shall meet all requirements established by the New York State
					 Department of Health.
(b) Employee
					 certification. Any person employed by an asbestos contractor on an asbestos
					 project shall have an appropriate asbestos handling certificate or a copy
					 thereof in his or her possession at all times during his or her work on the
					 project. No asbestos contractor shall compel the holder of any asbestos
					 handling certificate to surrender the original certificate. The only exception
					 to the requirement of certification is if the employee has proof that he or she
					 has had the appropriate initial training within the past 45 days, and is
					 awaiting the asbestos handling certificate. A student copy of the Asbestos
					 Safety Training Certificate (DOH 2832) indicating successful completion of an
					 approved asbestos safety training program is the only acceptable proof of
					 appropriate training. The employee must also have a photo identification card
					 issued by an authorized government entity.
(c) Display of certificate. A copy of a valid
					 asbestos handling certificate, or a current student copy of the New York State
					 Department of Health Certificate of Asbestos Safety Training Form (DOH 2832)
					 indicating successful completion of an approved initial asbestos safety
					 training program within the past 45 days along with a copy of a photo
					 identification, shall be conspicuously displayed near but outside the regulated
					 abatement work area on an asbestos project.
(d) Types of certificates. The following
					 categories of asbestos handling certification shall be issued pursuant to this
					 Subpart:
(1)
A. Asbestos handler (worker) certificate. Any
					 person who removes, encapsulates, encloses, repairs or disturbs friable or
					 non-friable asbestos, or who handles asbestos material in any manner which may
					 result in the release of asbestos fiber, and whose duties are not otherwise
					 described in paragraphs (2) through (9) of this subdivision shall possess a
					 valid asbestos handler (worker) certificate and shall have such certificate or
					 a copy thereof in his or her possession at all times while working on the
					 project, except as otherwise indicated in subdivisions (b) and (c) of this
					 section. A person who possesses an asbestos handler (worker) certificate shall
					 be responsible for the proper execution of his or her trade as it relates to an
					 asbestos project.