reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 50 - Lasers › Section 50.16 - Surveys, instrumentation and inventories

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Surveys. Each person who possesses a
				  registered laser shall make, or shall cause to be made, the applicable surveys
				  required by this section and such additional surveys as may be necessary for
				  such person to comply with the other provisions of this Part (rule) or as the
				  commissioner may direct. Such surveys shall include:
(1) A survey of the output power or energy
				  density of each registered mobile laser. Such determination shall be made by
				  measurement or by calculation based on measurements made prior to initial use.
				  If the laser beam is passed through an optical system, such determination shall
				  be made at the point of maximum power or energy density along the path of the
				  laser beam which is exposed to view.
(2) A survey shall be made of all laser
				  protective devices, including safety interlocks, prior to initial use to make
				  certain that such devices are in good working order and have been properly
				  installed.
Note: For lasers installed or operated prior to August 1,
					 1972, the surveys cited in paragraphs (1) and (2) of this subdivision which are
					 required to be performed prior to initial laser operation, shall be performed
					 prior to the registration of such lasers.
(3) An inspection shall be made at least once
				  every six month of all safety eyewear in use to make certain that the optical
				  density and type of filter is appropriate for the laser in use and to determine
				  visually that the eyewear has no optical defects. All safety eyewear found to
				  be deteriorated or defective in any way shall be immediately withdrawn from use
				  and repaired if possible or otherwise discarded.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 50 - Lasers › Section 50.17 - Safeguarding and disposing of lasers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Safeguarding. Each laser shall be
				  safeguarded against unauthorized use.
(b) Disposing. No person shall dispose of a
				  high-intensity laser except by making such laser permanently inoperative or by
				  transferring such laser to another person. The recipient of any such
				  transferred laser, if subject to the provisions of the Labor Law, shall obtain
				  the required registration in accordance with section
				  50.8 
				  of this Part (rule) and shall display the proof of such registration to the
				  person disposing of such high-intensity laser.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 50 - Lasers › Section 50.18 - Associated hazards

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the protection against laser radiation,
					 protection shall also be provided against any associated hazards which may be
					 present during the operation of any laser. Such associated hazards include but
					 are not limited to the following:
(a)
				  Air contaminants. Vaporized target materials and toxic gases, vapors and fumes
				  which may be associated with any laser may be present in a laser radiation
				  area. Such dangerous air contaminants shall be removed or controlled in
				  accordance with the provisions of Industrial Code Part (Rule No.) 12 relating
				  to "Control of Air Contaminants" and Industrial Code Part (Rule No.) 18
				  relating to "Exhaust Systems". Adequate ventilation shall be maintained in each
				  laser installation.
(b)
				  Ultra-violet radiation. Ultra-violet radiation levels in excess of 0.5
				  microwatt/cm2 for seven hours or 0.1 microwatt/cm2 for continuous exposure
				  shall be avoided. Because quartz transmits ultra-violet radiation efficiently,
				  particular care shall be taken to protect individuals from such radiation when
				  quartz tubes are used in the laser system.
(c) Electrical hazards. Any laser and its
				  associated electrical system may present electrical hazards. Every laser,
				  including all associated electrical equipment, shall be so designed,
				  constructed, installed and maintained as to minimize the possibility of
				  electrical hazards.
(d) Cryogenic
				  coolants. The storage, handling and use of cryogenic coolants associated with
				  lasers shall be such so as to minimize any hazards which such coolants may
				  present.
(e) Fire hazards. Every
				  laser and every laser installation shall be designed, constructed, installed,
				  operated and maintained so as to eliminate or reduce any fire hazard. In
				  addition, every laser radiation area shall be maintained clear of any
				  unnecessary materials in order to minimize any fire hazard.
(f) Explosion hazards. Lasers and associated
				  equipment may present explosion hazards. Such equipment shall be protected with
				  explosion shields to prevent injury to individuals from such hazards.
(g) Ionizing radiation. A laser system may
				  produce ionizing radiation in which case such system shall be in compliance
				  with the provisions of Industrial Code Part (Rule No.) 38 relating to "Ionizing
				  Radiation Protection" in respect to protection against ionizing
				  radiation.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 50 - Lasers › Section 50.19 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
Each person who possesses a registered laser shall maintain
					 accurate and complete written records which shall be kept available for
					 examination by the commissioner. Such records shall be kept of the
					 following:
(a) The results of each
				  required initial laser output check and system interlock check.
(b) Each transfer, receipt and disposal of
				  any registered laser.
(c) Annual
				  inventories, safety eyewear checks and equipment measurements obtained in
				  accordance with the required surveys and instrumentation checks listed in
				  section
				  50.16 
				  of this Part (rule).
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 50 - Lasers › Section 50.20 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reports to the
				  commissioner. Each person who possesses a laser shall report to the
				  commissioner immediately upon the occurrence of any of the following:
(1) Any theft or loss of an intact
				  laser.
(2) Any injury to an
				  individual resulting from the operation of a laser or of any associated
				  equipment. In addition, a written report of such injury shall be forwarded to
				  the commissioner within seven days of such injury.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 50 - Lasers › Section 50.21 - Inspection and tests

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each person
				  who possesses a laser shall permit the commissioner to inspect, except as noted
				  in subdivision (c) below, the following at all reasonable times:
(1) The laser, the laser radiation area and
				  the laser installation or premises where such laser is located, possessed,
				  stored or used.
(2) Each record
				  required to be maintained by the provisions of this Part (rule).
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 50 - Lasers › Section 50.22 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part (rule) or the application
					 thereof to any person or circumstance is held invalid, such invalidity shall
					 not affect other provisions or applications of this Part (rule) which can be
					 given effect without the invalid provision or application and to this end the
					 provisions of this Part (rule) are declared to be severable.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 54 - Safety In Skiing › Section 54.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise specifically provided, this Part
					 applies to all skiers and ski areas to which article 26 of the Labor Law and
					 article 18 of the General Obligations Law apply, and to the owners and
					 operators of such areas.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 54 - Safety In Skiing › Section 54.2 - Purpose and intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose and intent of this Part is to promulgate a code
					 of conduct for downhill skiers and ski area operators to minimize the risk of
					 injury to persons engaged in the sport of downhill skiing and promote safety in
					 the downhill ski industry.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 54 - Safety In Skiing › Section 54.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
				  means the Commissioner of Labor of the State of New York.
(b) Lift ticket means any item issued by a
				  ski area operator to any skier which is intended to be affixed to the outerwear
				  of the skier, or otherwise displayed by a skier, to signify lawful entry upon
				  and use of the passenger tramways or ski slopes or trails maintained by the ski
				  area operator.
(c) Multiple day
				  pass means any item or instrument, the validity of which exceeds 24 consecutive
				  hours, which is issued to any skier and utilized directly by any skier to
				  signify lawful entry upon and use of the passenger tramways or ski slopes or
				  trails maintained by the ski area operator without a requirement to first
				  surrender or display or exchange such instrument for a lift ticket.
(d) Passenger means a person in or on or
				  being transported by a tramway.
(e)
				  Passenger tramway means a mechanical device intended to transport skiers for
				  the purpose of providing access to ski slopes and trails as defined by the
				  Commissioner of Labor pursuant to section two hundred two-c or eight hundred sixty-seven  of the Labor Law.
(f)
				  Peel off backing means any material present upon any lift ticket at the time of
				  original issue by a ski area operator which must be removed by a skier before
				  such ticket may be affixed to the outerwear of the skier, or otherwise
				  displaced by a skier.
(g) Reverse
				  means, when used with respect to lift tickets, the opposite side of the same
				  material or printing stock of any lift ticket when such tickets are printed or
				  prepared or issued by the ski area operator without peel off backing as herein
				  defined.
(h) Skier means any person
				  wearing a ski or skis and any person actually on a ski slope or trail located
				  at a ski area, for the purpose of skiing.
(i) Ski area means all ski slopes, ski trails
				  and passenger tramways administered as a single enterprise within this
				  State.
(j) Ski slopes and trails
				  mean those areas designated by the ski area operator for skiing.
(k) Ski area operator means a person, firm or
				  corporation, and its agents and employees, having operational and
				  administrative responsibility for any ski area, including any agency of the
				  State, any political subdivision thereof, and any other governmental agency or
				  instrumentality.
(l) Surface lift
				  means a passenger tramway in which the passenger remains in contact with snow
				  surface, riding on skis or other device while being transported.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 54 - Safety In Skiing › Section 54.4 - Responsibilities of skiers and passengers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All passengers shall have the following
				  duties:
(1) to familiarize themselves with
				  the safe use of any tramway prior to its use;
(2) to remain in the tramway if the operation
				  of a passenger tramway is interrupted for any reason, until instructions or aid
				  are provided by the ski area operator;
(3) to board or disembark from passenger
				  tramways only at points or areas designated by the ski area operator;
(4) not to eject any objects or material from
				  a passenger tramway;
(5) to use
				  restraint devices in accordance with posted instructions;
(6) to wear retention straps or other devices
				  to prevent runaway skis;
(7) not to
				  interfere with the operation of a passenger tramway;
(8) not to place or caused to be placed on
				  the uphill track of a surface lift any object which may interfere with its
				  normal operation; and
(9) not to
				  wear loose scarves, clothing or accessories or expose long hair which may
				  become entangled with any part of the device.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 54 - Safety In Skiing › Section 54.5 - Responsibilities of ski area operators

Current through Register Vol. 46, No. 28, July 10, 2024
Ski area operators shall:
(a) Equip all trail maintenance vehicles with
				  flashing or rotating lights which shall be in operation whenever the vehicle is
				  located within the borders of any slope or trail and conspicuously mark all
				  other vehicles, including snowmobiles, with a blaze orange flag on a staff at
				  least six feet above the uppermost part of the vehicle when the vehicle is
				  within the borders of any ski slope or trail.
(b) Post in a location likely to be seen by
				  all skiers, signs of such size and color as will enable skiers to have
				  knowledge of their responsibilities under this Part.
(c) Hold employee training sessions at least
				  once before the beginning of each season as follows:
(1) for all operators of trail maintenance
				  equipment concerning the safe operations of such vehicles in the ski
				  area;
(2) for passenger tramway
				  attendants concerning the safe operation of passenger tramways;
(3) for ski personnel charged with the
				  responsibility of evacuating passengers from passenger tramways concerning
				  proper evacuation techniques; and
(4) for all other personnel charged with
				  on-mountain maintenance, inspection or patrol duties as to methods to be used
				  for summoning aid in emergencies.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 54 - Safety In Skiing › Section 54.6 - Signs and designations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Ski
				  area operators shall conspicuously post and maintain signs, including legends
				  and symbols, in the sizes, colors and locations required by provisions of Table
				  I.
(b) Lift signs. At each lift
				  line there shall be posted in a conspicuous location a sign which shall
				  indicate the degree of difficulty of trails served by that lift in accordance
				  with the difficulty designations in Table I.
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New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 54 - Safety In Skiing › Section 54.7 - Lift towers

Current through Register Vol. 46, No. 28, July 10, 2024
Ski area operators shall ensure that lift towers located
					 within the boundaries of any ski slope or trail are padded or otherwise
					 protected and that no protruding metal or wood objects, such as ladders or
					 steps, shall be installed on the uphill or side portion of lift towers within
					 the borders of a ski slope or trail, unless such objects are below the snow
					 line, at least six feet above it, or covered with such devices as, but not
					 limited to, the following:
(1)
				  commercially available tower padding; or
(2) air or foam filled bags; or
(3) hay bales encased in a waterproof cover;
				  or
(4) soft rope nets properly
				  spaced from the tower.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter I - Industrial Board Of Appeals › Subchapter A - The Industrial Code › Part 54 - Safety In Skiing › Section 54.8 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
					 any person or circumstance is held invalid, such invalidity shall not affect
					 other provisions or applications of this Part which can be given effect without
					 the invalid provision or application, and to this end the provisions of this
					 Part are declared to be severable.
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 56-1 - General Provisions › Section 56-1.1 - Title and citation

Current through Register Vol. 46, No. 28, July 10, 2024
Within and for the purposes of the Department of Labor,
						this Part may be known as Industrial Code Rule 56, relating to hazards to the
						public safety and health, during the removal, encapsulation, enclosure, repair,
						or the disturbance of friable and non-friable asbestos, or any handling of
						asbestos material that may result in the release of asbestos fiber. It may be
						cited as Rule 56 Asbestos as an alternative and without prejudice to its
						designation and citation established by the Secretary of
						State.
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 56-1 - General Provisions › Section 56-1.2 - Purpose and intent of part

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Legislative concern. The Legislature has declared that exposure to asbestos
					 fibers, a known carcinogenic agent, creates a serious risk to the public safety
					 and health and that the public is more frequently exposed to these risks as a
					 result of an increasing number of rehabilitation, reconstruction and demolition
					 projects on buildings or structures containing asbestos or asbestos
					 materials.
(b) Purpose and intent.
					 It is the purpose and intent of this Part to reduce the risks to the public
					 associated with exposure to asbestos and to conform to Federal requirements set
					 forth in the Asbestos Hazard Emergency Response Act (AHERA), National Emission
					 Standards for Hazardous Air Pollutants (NESHAP) and Occupational Safety and
					 Health Administration (OSHA) Asbestos Standard for the Construction Industry,
					 by requiring appropriate training and certification of persons employed in all
					 aspects of an asbestos project, as well as those who supervise and employ them;
					 by requiring the licensing of asbestos contractors; by setting forth standards
					 and procedures that shall be followed when removing, enclosing, encapsulating,
					 repairing, or disturbing friable or non-friable asbestos or handling asbestos
					 or asbestos materials in a manner which may result in the release of asbestos
					 fiber; by requiring notification of the Department of Labor prior to
					 commencement of large asbestos projects; by requiring notification of
					 building/structure occupants; by requiring asbestos surveys; by setting forth
					 recordkeeping and reporting requirements for asbestos contractors; and by
					 establishing an inspection and enforcement program within the Department of
					 Labor.
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 56-1 - General Provisions › Section 56-1.3 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply throughout the State of New York to
						the State, any political subdivision of the State, public authorities, or any
						other governmental agencies or instrumentalities thereof, self-employed
						persons, companies, unincorporated associations, firms, partnerships or
						corporations, and any owners or operators thereof, which engage in an asbestos
						project, retain sub-contractors to engage in an asbestos project, or employ
						persons in the conduct of any phase of an asbestos project, including planning,
						design, monitoring, sampling, inspection, or actual abatement. This Part shall
						not apply to:
(a) owner-occupied
					 single-family dwellings, where the owner performs the work; and
(b) the manufacture of asbestos or asbestos
					 material, or to manufacturing processes involving the use of asbestos or
					 asbestos material.
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 56-1 - General Provisions › Section 56-1.5 - Responsibility for cleanup of uncontrolled disturbance

Current through Register Vol. 46, No. 28, July 10, 2024
If there is an incidental disturbance or other
						disturbance (not as part of a controlled asbestos project) of ACM, PACM,
						asbestos material, or suspect miscellaneous ACM assumed to be ACM at a building
						or structure, upon discovery of the disturbance the property owner shall be
						responsible for contracting with a licensed asbestos contractor for immediate
						isolation of the disturbance and cleanup in accordance with all provisions of
						this Part.
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 56-1 - General Provisions › Section 56-1.6 - Other codes

Current through Register Vol. 46, No. 28, July 10, 2024
All other codes shall apply, including but not limited
						to, "The New York State Uniform Fire Prevention and Building Code" or its
						successor.
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 56-3.1 - Licensing requirements and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) License required. No asbestos contractor
					 shall engage in an asbestos project unless such asbestos contractor has a valid
					 asbestos-handling license issued by the commissioner.
(b) All firms, corporations, or other
					 business entities performing work as asbestos abatement contractors, management
					 planners, project designers, project monitors, allied trades people, inspectors
					 or air sampling monitors shall obtain an asbestos handling license. In
					 addition, individuals employed by such firms, corporations or other business
					 entities shall obtain required and approved training and asbestos certificates
					 appropriate to the tasks performed.
(c) Proof of license. A copy of a valid
					 asbestos handling license or other proof of the issuance of a valid asbestos
					 handling license deemed suitable by the commissioner shall be submitted by the
					 bidder to the party soliciting bids prior to the award of any contract (public
					 or private), all or part of which involves an asbestos project.
(1) Exception. If the asbestos contractor is
					 a subcontractor to a prime contractor, the proof of license must be submitted
					 by the prime contractor to the party that awarded the contract, prior to
					 retaining such subcontractor.
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 56-3.3 - Replacement of licenses and certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event that any type of asbestos
					 handling certificate or an asbestos handling license is lost or stolen, the
					 certificate or license holder to whom the certificate or license had been
					 issued may apply to the commissioner for the issuance of a replacement asbestos
					 handling license or appropriate type of asbestos handling certificate. Such
					 application shall be made in writing and shall include a notarized statement
					 from the individual indicating that the original asbestos handling license or
					 asbestos handling certificate has been lost and verifying that the individual
					 applying for such replacement asbestos handling license or asbestos handling
					 certificate understands that the submittal of false statements in connection
					 with the request for a replacement shall subject him or her to penalties and
					 other remedies under the law.
(b)
					 All applications for replacement asbestos handling licenses or any type of
					 asbestos handling certificate shall be addressed to the License and
					 Certification Unit, New York State Department of Labor accompanied by a
					 nonrefundable fee. The fee shall be equal to that assessed for an initial
					 asbestos handling certificate or asbestos handling license. The fee shall be
					 paid in any form, except cash, deemed acceptable by the Commissioner of Labor
					 in the application package. All payments shall be made payable to the
					 Commissioner of Labor. Any payments which are voided or returned to the
					 commissioner for any reason shall be subject to a return processing fee of the
					 amount allowed by law and any entity submitting such checks to the department
					 may be subject to all appropriate penalties set forth in statute and code,
					 including but not limited to the immediate suspension or revocation of any
					 replacement asbestos handling license or asbestos handling certificate granted
					 on the basis of such payment.
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 56-3.4 - Notice and recordkeeping requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Recordkeeping.
(1) Detail. Every asbestos contractor shall
					 maintain for at least 30 years, a record of each asbestos project in which the
					 asbestos contractor engages. Such record shall include the following
					 information: Exception. Non-abatement asbestos contractors shall maintain for
					 at least 30 years, a record of the following applicable project information for
					 each asbestos project, if it relates to their portion of the asbestos project:
(i) the name, address, social security number
					 and asbestos certificate number of the person who supervised the asbestos
					 project;
(ii) the location and
					 description of the asbestos project;
(iii) the amount of asbestos or asbestos
					 material that was removed, enclosed, encapsulated, repaired, disturbed or
					 handled;
(iv) the commencement and
					 completion date of the asbestos project;
(v) the name, asbestos handling license
					 number, and address of the air sampling asbestos contractor that was used on
					 the project;
(vi) the name, address
					 and current NYS ELAP registration number, of the laboratory that was used for
					 air sample analysis on the project;
(vii) the name, asbestos handling license
					 number, and address of the project monitoring asbestos contractor that was used
					 on the project;
(viii) the name and
					 address of the deposit or waste disposal site or sites where the asbestos waste
					 material was deposited or disposed;
(ix) the name and address of any sites that
					 were used for the interim storage of asbestos or asbestos waste materials prior
					 to final deposit or disposal;
(x)
					 the name and address of any transporters that were used to transport asbestos
					 or asbestos material;
(xi) the
					 name, address, social security number and asbestos license or certificate
					 number of all persons who were engaged on that portion of the asbestos project
					 for which the asbestos contractor has responsibility;
(xii) a copy of the asbestos abatement
					 supervisor's daily project log;
(xiii) any other information that the
					 commissioner may require, on a form and according to instructions provided by
					 the commissioner.
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 56-3.5 - Emergency asbestos project notification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Initial notification. Prior to the
					 commencement of an asbestos project that is necessary to respond to an
					 emergency, or to cleanup an incidental disturbance, the asbestos abatement
					 contractor shall contact the Asbestos Control Bureau via telephone or in person
					 to request permission to proceed with the asbestos project. The individual
					 giving such notification may be asked to provide some or all of the information
					 required of an individual giving full written notification of an asbestos
					 project.
(b) Emergency approval.
					 The program manager, Asbestos Control Bureau, or other duly authorized
					 representative of the commissioner, upon ascertaining all pertinent facts
					 relating to the request, shall be empowered to either approve or deny the
					 request for permission to proceed with an emergency or incidental disturbance
					 asbestos project without the filing of prior notification. Unless permission to
					 proceed with the asbestos project, using approved variance conditions, is
					 granted pursuant to section
					 56-11.2 
					 (Emergency projects of this Part), all work shall be performed in accordance
					 with all applicable provisions of this Part.
(c) Follow-up notification. If permission to
					 proceed with an emergency asbestos project is granted, the asbestos abatement
					 contractor to whom such permission is granted, shall, within three business
					 days, file the written notification required by section
					 56-3.4(b) 
					 of this Subpart with the Asbestos Control Bureau.
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 56-3.6 - Notification of residential and business occupants

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Ten-day notice.
(1) The property owner and asbestos abatement
					 contractor are responsible for ensuring that notice is provided to residential
					 and business occupants. This notice may be provided by the property owner or by
					 the asbestos abatement contractor or subcontractor engaged in the Phase II
					 abatement portion of a project. The property owner, asbestos abatement
					 contractor or subcontractor shall post or otherwise provide for a written
					 notice to residential and business occupants of the building/structure,
					 including visitors to the building/structure, 10 calendar days prior to the
					 commencement of Phase II A work on any asbestos project within the
					 building/structure. For projects being conducted in school buildings, the
					 faculty, staff and students attending such school and visitors to the school
					 shall be considered to be business occupants and shall receive notice as
					 required in this Part.
(2) Notice -
					 detail. The written notice shall be given to those business and residential
					 occupants of a building/structure, or portion thereof, who are located on the
					 floor or floors where the actual project is to be conducted, and one floor
					 above and one floor below the floor or floors containing the project. In
					 addition, such written notice shall also be given to those occupants of
					 adjacent building/structures who have direct horizontal access to these floors.
					 Posted notice shall be provided at all direct means of access to the floor,
					 such as but not limited to stairways, ramps, emergency ingress or egress,
					 elevators, escalators, ladders, hallways, corridors and trapdoors.
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 56-4 - General Project Air Sampling And Laboratory Analysis Requirements › Section 56-4.1 - Qualifications of air sampling personnel

Current through Register Vol. 46, No. 28, July 10, 2024
The project air sampling shall be conducted by an
						asbestos project air sampling technician who has been trained in the selected
						methodology of air sampling and who possesses an asbestos project air sampling
						technician certificate issued by the department.
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 56-4 - General Project Air Sampling And Laboratory Analysis Requirements › Section 56-4.2 - Laboratory certification

Current through Register Vol. 46, No. 28, July 10, 2024
The laboratory used for air sample or bulk sample
						analysis shall be one approved by the New York State Department of Health
						Environmental Laboratory Approval Program (NYSDOH ELAP) for the selected
						asbestos analysis methodology.
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 56-4 - General Project Air Sampling And Laboratory Analysis Requirements › Section 56-4.3 - Independent third party sampling and analysis

Current through Register Vol. 46, No. 28, July 10, 2024
A third party air sampling firm asbestos contractor, who
						must be contracted by the property owner or owner's agent, and is completely
						independent of all asbestos abatement contractors involved with the asbestos
						project, shall conduct all project air sampling and analysis as required by
						this Part.
(a) Exception. If the
					 property owner is the asbestos abatement contractor for the asbestos project,
					 the owner shall contract with an independent air sampling firm asbestos
					 contractor for the necessary project air sampling and analysis on the asbestos
					 project.
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 56-4 - General Project Air Sampling And Laboratory Analysis Requirements › Section 56-4.4 - Asbestos contractors allowed to perform project air sampling on an asbestos project

Current through Register Vol. 46, No. 28, July 10, 2024
Air sampling procedures shall not be performed by any
						asbestos contractor involved with the asbestos project, except as
						follows:
(a) The non-abatement
					 asbestos contractor firm that performed the building/structure asbestos survey,
					 or is acting as the project monitor or project designer on the asbestos
					 project, may perform project air sampling and analysis, provided that the
					 individual or firm performing the building/structure asbestos survey or acting
					 as project monitor or project designer, will not perform any asbestos abatement
					 work on the project and has not retained or been retained by the asbestos
					 abatement contractor for work on the asbestos project, unless the asbestos
					 abatement contractor is also the property owner.
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 56-4 - General Project Air Sampling And Laboratory Analysis Requirements › Section 56-4.5 - Air sample log

Current through Register Vol. 46, No. 28, July 10, 2024
A project air sample log shall be created by the firm
						performing the project air sampling and it shall contain the following
						information for all area air samples collected on the asbestos project:
(a) name of the firm and the certified air
					 sampling technician performing the project air sampling, per workshift or day
					 for all area air samples collected;
(b) dates of project air sample collection,
					 per workshift or day of area air samples, with appropriate reference to the
					 regulated abatement work area to which the air samples apply;
(c) sample locations sketch, identifying all
					 project air sample locations, per workshift or day of area air samples. If
					 identical locations are utilized for each workshift or day of area samples
					 collected throughout a sub-phase of the asbestos project (IIA, IIB or IIC),
					 only one sketch is required for all workshift or day of area samples collected
					 for that specific sub-phase of the asbestos project;
(d) the identifying information for each area
					 air sample collected;
(e) sampling
					 time (24-hour clock) and duration for each area air sample collected;
(f) flow rate primary or secondary
					 calibration device identification number, method of flow rate primary or
					 secondary device calibration and date of last calibration, per workshift or day
					 of area air samples;
(g) flow rate
					 of sampling pumps with pre- and post-calibration listed for each area air
					 sample collected; and
(h) chain of
					 custody for each workshift or day of area air samples.
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 56-4 - General Project Air Sampling And Laboratory Analysis Requirements › Section 56-4.6 - Test methods

Current through Register Vol. 46, No. 28, July 10, 2024
The same NIOSH approved methodology for project air
						sampling and for analysis of the air samples shall be used at all phases of an
						asbestos project that require area air sampling and analysis, with the possible
						exception of clearance air sampling. Phase contrast microscopy (PCM) shall be
						the minimum acceptable method of analysis. In lieu of PCM clearance air
						sampling and analysis, the building/structure owner may elect to utilize TEM
						air sampling and analysis to meet clearance air sampling requirements. If
						transmission electron microscopy (TEM) is the selected method of analysis, the
						clearance criteria and sampling protocols of the Asbestos Hazard Emergency
						Response Act (AHERA) shall be used. If PCM air sample analysis results exceed
						the satisfactory clearance air criteria under this Part, then TEM analysis of
						the entire set of clearance air samples may be used, provided that a standard
						NIOSH/ELAP accepted laboratory analysis method is used that shall report each
						air sample result in fibers per cubic centimeter, for appropriate correlation
						to the original unsatisfactory PCM clearance air sample results and the
						established background levels, and provided that a report is submitted to the
						commissioner for the entire set of clearance air sample PCM and TEM laboratory
						analyses.
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 56-4 - General Project Air Sampling And Laboratory Analysis Requirements › Section 56-4.7 - Air sampling equipment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Sampling equipment. Area air sampling shall be performed using GFCI protected
					 pumps with associated tubing, supports and airflow measuring, metering or
					 recording devices.
(b) Duration,
					 flow rate and calibration. Area air samples, except for background and
					 clearance air samples, shall be collected and air samplers run for each entire
					 work shift. Area air samples must be collected with a minimum flow rate
					 capacity of two liters per minute and a maximum flow rate consistent with the
					 applicable accepted air sampling and analysis methodology. The flow rate for
					 each air sample shall be pre-calibrated and post-calibrated at the beginning
					 and end of each air sample collection. The calibrations shall be recorded.
					 Primary and secondary calibration devices shall be calibrated as per NYS DOH
					 ELAP requirements. The air sampling technician shall be on-site to observe and
					 maintain air sampling equipment for the duration of air sample
					 collection.
(c) Placement of air
					 sampling equipment. Air sampling equipment shall be in place and operational as
					 follows:
(1) Placement of regulated abatement
					 work area indoor air sampling equipment. Air sampling equipment shall not be
					 placed in corners of rooms or near obstructions. Samplers shall be placed
					 randomly around the regulated abatement work area. If the regulated abatement
					 work area contains a number of rooms equivalent to the number of required
					 samples based on floor area, a sampler shall be placed in each room. When the
					 number of rooms is greater than the required number of samples, a
					 representative number of rooms shall be selected, but in no case shall fewer
					 samples be collected than the required number of samples based upon floor area.
					 (See section
					 56-4.12,
					 Table 2 of this Subpart.)
(2)
					 Placement of outdoor air sampling equipment. Outdoor air sampling equipment
					 shall be placed four to six feet above grade level and at least 10 feet away
					 from obstructions that may influence wind patterns. If access to electricity
					 and security concerns dictates a rooftop site, locations within 10 feet of
					 vents or other structures on the roof shall be avoided.
(3) Samplers outside of the regulated
					 abatement work area. Air sampling equipment shall be placed outside the
					 regulated abatement work area within 10 feet of the critical barriers,
					 decontamination enclosure entrances/exits and negative air ducts and exhausts,
					 as applicable. (See section
					 56-4.12,
					 Table 2 of this Subpart.)
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 56-4 - General Project Air Sampling And Laboratory Analysis Requirements › Section 56-4.8 - Area air sample analysis and results-general requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Turnaround time. For project air samples
					 collected during the asbestos project, the period of time permitted between
					 completion of air sample collection and receipt of results on the job site
					 shall be equal to or less than 48 hours.
(b) Microscope detail. The methodology chosen
					 for sampling, analysis, and the microscope type, make, and model number shall
					 be included in the results.
(c)
					 Sample records. All project air samples shall have a chain of
					 custody.
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 56-4 - General Project Air Sampling And Laboratory Analysis Requirements › Section 56-4.9 - Number and location of samples required

Current through Register Vol. 46, No. 28, July 10, 2024
The amount of ACM, PACM or asbestos material to be abated
						within the regulated abatement work area determines the asbestos project air
						sampling requirements for that specific regulated abatement work area.
(a) Phase I B background pre-abatement air
					 samples. Required for large and small asbestos projects. (See section
					 56-4.12,
					 Table 2 of this Subpart and Subpart 56-6 of this Part.)
(b) Phase II A regulated abatement work area
					 preparation air samples. Required for large asbestos projects with OSHA Class I
					 or OSHA Class II friable ACM subject to handling/abatement. (See section
					 56-4.12,
					 Table 2 of this Subpart and Subpart 56-7 of this Part.)
(c) Phase II B asbestos handling air samples.
					 Required for large asbestos projects. (See section
					 56-4.12,
					 Table 2 of this Subpart and Subpart 56-8 of this Part.)
(d) Phase II C final cleaning and clearance
					 air samples. Required for large, small and some minor asbestos projects. (See
					 section
					 56-4.12,
					 Table 2 of this Subpart and Subpart 56-9 of this Part.)
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 56-4 - General Project Air Sampling And Laboratory Analysis Requirements › Section 56-4.10 - Work stoppage criteria during phases ii a through ii c

Current through Register Vol. 46, No. 28, July 10, 2024
If air samples collected outside the regulated abatement
						work area indicate airborne fiber concentrations at or above 0.01 fiber per
						cubic centimeter, or the established background level, whichever is greater,
						work shall stop immediately for inspection and repair of barriers and negative
						air ventilation systems as necessary. Clean up of surfaces outside of the
						regulated abatement work area using HEPA-vacuums and wet-cleaning methods shall
						be performed prior to resumption of preparation, abatement or cleaning
						activities. A summary of clean up activities and the results of barrier
						inspections including any necessary repairs, shall be documented in the
						supervisor's daily project log. Work methods shall be altered accordingly to
						reduce fiber concentrations to acceptable levels.
(a) Submission of elevated air sample results
					 collected during Phases II A through II C. The air sampling asbestos contractor
					 shall submit to the commissioner, all PCM air sample results for air samples
					 collected during Phases II A through II C along with background results, if
					 they are greater than or equal to 0.01 fiber per cubic centimeter or the
					 established background level, whichever is greater. Upon receipt of elevated
					 air sample results, the air sample results shall be submitted immediately,
					 within the same business day, to the Commissioner in care of the appropriate
					 district office of the Asbestos Control Bureau, where the project takes
					 place.