Environmental Education Associates
New York State
Department of Health – United States Environmental Protection Agency (USEPA)
Asbestos
Certification Training Program
Description of
Asbestos Certification Training Programs
Environmental Education Associates offers a complete
asbestos certification training program.
Environmental Education Associates asbestos certification program is
accredited by the New York State Department of Health under approval from the
United States Environmental Protection Agency.
The New York State Department of Health accreditation permits
Environmental education Associates to present asbestos certification training
programs to those who are conducting, or intend to conduct asbestos containing
materials (ACM) related activities. The
New York State Department of Health Asbestos Certification Training Program
meets the New York State Department of Labor and US Environmental Protection
Agency requirements for certification.
Those who complete an accredited New York State Health
Department asbestos certification training program are eligible to apply to the
New York State Department of Labor for an asbestos handlers
certificate, specific to the asbestos activities they intend to conduct. There are a total of ten different New York
State Department of Labor asbestos handlers certifications; including the
asbestos abatement worker, the asbestos abatement supervisor, the asbestos
inspector, the asbestos manager planner, the asbestos abatement project
designer, the asbestos abatement project monitor, the asbestos abatement air
sampling technician, the asbestos operation and maintenance worker and the
asbestos allied trades certification.
Each of these nine asbestos certifications requires an
annual refresher, which varies in length according to discipline. The asbestos abatement worker, the asbestos
abatement supervisor, the asbestos abatement project designer and the asbestos
abatement project monitor refreshers are eight hours in length. The asbestos inspector, the asbestos manager
planner, asbestos abatement air sampling technician, the asbestos operation and
maintenance worker and the asbestos allied trades certification refreshers are
each four hours in length
Environmental Education Associates offers the asbestos
abatement worker, the asbestos abatement supervisor, the asbestos abatement
project designer, the asbestos abatement project monitor, the asbestos
inspector, the asbestos manager planner, asbestos abatement air sampling
technician, the asbestos operation and maintenance worker and the asbestos
allied trades certification initial and refresher training programs according
to the New York State and US Environmental Protection Agency format:
Asbestos Abatement Worker – the initial asbestos
abatement worker certification course is four days (32 hours). New York State Industrial Code Rule
(12NYCRR56) and Federal US Environmental Protection Agency and United States
Occupational Safety and Health Administration asbestos regulations stipulate
that any person employed on an asbestos abatement project whose duties involve
the removal, encapsulation, application or enclosure of any asbestos containing
material (ACM), or the disturbance of friable asbestos, must hold an Asbestos
Abatement Handler Certificate. The asbestos abatement worker course includes
eighteen (18) hours of practical exercises, and concludes with a fifty (50)
question exam. Those who complete training are permitted a thirty day working
grace period to apply to the New York State Department of Labor for an asbestos
abatement handlers certificate.
Asbestos Abatement Supervisor Certification – the
initial asbestos abatement supervisor certification is five days (forty
hours). New York State Industrial Code
Rule (12NYCRR56) and Federal US Environmental Protection Agency and United
States Occupational Safety and Health Administration asbestos regulations
specify that an individual holding an asbestos contractor/supervisor
certificate be on-site at all times during asbestos abatement activities and
that such representation is required to obtain an asbestos abatement
contractor’s handling license. An asbestos abatement contractor may designate
an asbestos abatement supervisor to serve as his agent for purposes of asbestos
abatement site supervision. Asbestos abatement supervisors include those who
provide supervision and direction to workers engaged in asbestos removal,
encapsulation, enclosure and repair. This course includes twenty (20) hours of
practical exercises and concludes with a one hundred (100) question exam. Those who complete training are permitted a
thirty day working grace period to apply to the New York State Department of
Labor for an asbestos abatement handlers certificate.
Asbestos Inspector Certification – the initial
asbestos inspector certification is three days (24 hours). New York State Industrial Code Rule
(12NYCRR56) and Federal US Environmental Protection Agency and United States
Occupational Safety and Health Administration asbestos regulations specify that
this 'Restricted Handler III' asbestos inspector certificate is required for
individuals who investigate or conduct surveys for asbestos containing
materials, including those who collect bulk samples, survey, record or express
written information on the presence or absence of asbestos in building
material. Regulated activities that require an asbestos inspection or survey
include building renovation, building demolition, property assessment and
property appraisal practices including those designated as regulatory
compliance and property valuation. The asbestos inspector course includes eight
(8) hours of practical exercises and concludes with a fifty (50) question exam.
Those who complete training are permitted a thirty day working grace period to
apply to the New York State Department of Labor for an asbestos abatement handlers certificate.
Asbestos Manager Planner – the asbestos manager
planner, sometimes also referred to as the asbestos management planner
certification training is two days (16 hours) in length. The Asbestos Manager Planner certificate is
for those responsible for facility asbestos mitigation activities, including
management of data associated with asbestos activities, asbestos response
action planning, asbestos project scheduling and administration of asbestos
records and plans. The asbestos management planner also coordinates any
activities of an asbestos operations and maintenance program. Asbestos
Management Planners must complete the asbestos inspector training as a
prerequisite to enrollment. The asbestos manager planner course includes
practical exercises and concludes with a fifty (50) question exam. Those who complete training are permitted a
thirty day working grace period to apply to the New York State Department of
Labor for an asbestos manger planner certificate.
Asbestos Abatement Project Monitor – the asbestos
abatement project monitor certification training course is five days (40 hours)
in length. New York State Industrial Code Rule (12NYCRR56) and Federal US
Environmental Protection Agency and United States Occupational Safety and
Health Administration asbestos regulations specify that any person, other than
the asbestos abatement contractor/supervisor, who oversees the scope,
methodology or quality control on an asbestos abatement project, must maintain the
asbestos abatement project monitor certification. This includes those who shall
act in a 'third party' and/or owner’s representative capacity before, during or
after and asbestos abatement project. Completion of the asbestos abatement
project monitor course allows an individual to also obtain an asbestos
abatement air sampling technician certification. The asbestos abatement project
monitor course incorporates extensive practical exercises, a project site visit
and concludes with a one hundred (100) question exam. Those who complete training are permitted a
thirty day working grace period to apply to the New York State Department of
Labor for an asbestos abatement project monitor certificate.
Asbestos abatement Air Sampling Technician – the
asbestos abatement air sampling technician certification training course is two
days (16 hours) in length. New York
State Industrial Code Rule (12NYCRR56) and Federal US Environmental Protection
Agency and United States Occupational Safety and Health Administration asbestos
regulations specify that the 'Restricted Handler II' certificate is required
for those individuals who perform related asbestos abatement air sampling
activities. The asbestos abatement air sampling technician course includes
information on methodology for representative quality assurance for both
asbestos personal exposure assessment sampling and asbestos project area
sampling for phase contrast microscopy (PCM) and transmission electron
microscopy analysis (TEM). The asbestos abatement air sampling technician
certification course includes practical exercises utilizing the various
asbestos air sampling equipment and concludes with a fifty (50) question
exam. Those who complete training are
permitted a thirty day working grace period to apply to the New York State
Department of Labor for an asbestos abatement air sampling technician
certificate.
Asbestos Abatement Project Designer – the asbestos
abatement project designer cortication training program is two days (16 hours)
in length. New York State Industrial
Code Rule (12NYCRR56) and Federal US Environmental Protection Agency and United
States Occupational Safety and Health Administration asbestos regulations
specify that any person who plans the scope, timing, phasing and/or asbestos
remediation methods to be utilized on any asbestos abatement project must
maintain the designer certification. New York State Education Department
(NYSSED) requires asbestos abatement project designer certification for those
who submit asbestos abatement plans to the NYSSED. The asbestos abatement
project designer certification course incorporates extensive practical
exercises, an asbestos abatement project site visit and concludes with a one
hundred (100) question exam. Those who
complete training are permitted a thirty day working grace period to apply to
the New York State Department of Labor for an asbestos abatement project
designer certificate.
Asbestos Operations and Maintenance – the asbestos
operations and maintenance certification training course is two days (16 hours)
in length. New York State Industrial
Code Rule (12NYCRR56) and Federal US Environmental Protection Agency and United
States Occupational Safety and Health Administration asbestos regulations
specify that facility or building maintenance staff who
perform operations, maintenance and/or repair activities of small scale or
short duration which may disturb asbestos containing materials (ACM) must hold
appropriate asbestos certification. The asbestos operations and maintenance
certificate is appropriate for those who shall conduct asbestos activities that
will not exceed the disturbance of not more than twenty-five (25) linear or ten
(10) square feet of asbestos containing material. The asbestos operations and
maintenance course includes extensive practical exercises and concludes with a
twenty-five (25) question exam. Those
who complete training are permitted a thirty day working grace period to apply
to the New York State Department of Labor for an asbestos operations and
maintenance certificate.
The Title 10, Part 73 New York State Department of Health
Asbestos Safety Training Program regulations follow. These asbestos
certification training regulations provide detail each of the asbestos
abatement safety training courses described above, including information on
specific topic and course content for each asbestos course.
Effective Date: 11/05/1997
Title: Section 73.1 - Definitions
Section 73.1 Definitions. (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 the 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 incidentally disturb asbestos during the course of an asbestos project.
(o) Asbestos project air
sampling technician. Any person
performing air sampling as required by Section 56-17.4 of Title 12 NYCRR.
(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.
Effective Date: 11/05/97
Title: Section 73.2 - Administrative requirements and practices for
asbestos safety training providers
73.2 Administrative requirements and practices for asbestos safety training
providers. The following administrative requirements and their application in
the training program must be met and maintained by all asbestos safety training
providers. Plans and procedures for meeting these requirements must be part of
any application submitted by a training provider for accreditation of an
asbestos safety training program.
(a) Training Director - Each asbestos safety training provider must have
designated at all times a Training Director who is approved by the department.
The name and credentials of the Training Director shall be submitted for
department review with each application for accreditation of an asbestos safety
training program and whenever a new Training Director is designated. The
Training Director shall have experience in designing, implementing and evaluating
either employee educational programs in asbestos safety or vocational
educational programs related to asbestos. The Training Director shall be
directly involved in the program.
(1) Duties. The Training Director will be responsible for ensuring that the
training program complies at all times with all of the requirements of this
Part and the procedures for meeting said requirements submitted as part of the
application for accreditation and shall be directly involved in the asbestos
safety training program. Such duties shall include, but not be limited to:
(i) development and/or revision of asbestos safety training program;
(ii) review of instructor qualifications and determination of foreign language
fluency of proposed instructors for training programs conducted in languages
other than English;
(iii) development and/or revision of final examination;
(iv) monitoring the performance of instructors;
(v) monitoring the quantity and quality of all asbestos safety training
provided;
(vi) maintenance of training records; and
(vii) all other functions of training directors as described in this Part.
(b) All instructors for approved programs must meet the minimum qualifications
as described in Section 73.4 of this Part. Only instructors approved by the department
may be used to give instruction in a program accredited by the Commissioner of
Health.
(c) The training provider shall ensure that all facilities and equipment
necessary to conduct programs are adequate for and appropriate to the delivery
of such programs and shall certify the adequacy of the facilities and equipment
in the initial application for accreditation and with every requested change in
facility and equipment. Equipment shall be available in sufficient quantity to
accommodate students' needs and shall be maintained in proper working order.
Training equipment that reflects current work practices must be provided.
(d) The training provider shall use, but is not limited to using, any
materials, information or audio-visual aids, which are required by the
Department of Health (DOH). Materials, information or audio-visual aids not
required, but which are to be used by the training provider, must first be
approved by the Department of Health.
(e) The training provider will put in place a quality assurance program that
will:
(1) ensure that training is updated to include new information and practices;
(2) include a general evaluation of the program by the students. The general
evaluation shall be formatted to allow the students to evaluate each instructor
with regard to effectiveness of presentation and knowledge of topic area.
Copies of the general evaluation of the program shall be maintained as part of
the program file;
(3) assess student program evaluations and implement actions to address legitimate
deficiencies noted by students;
(4) ensure the validity and integrity of the program test;
(5) evaluate and ensure the continued adequacy of facilities and equipment; and
(6) provide for evaluation of instructors by the training director to determine
the effectiveness of presentation and knowledge of topic area.
(f) The training provider shall send a minimum of one delegate to any meeting
as required by the Department of Health.
(g) The training provider shall administer an examination, specific for each
accredited training program, which is provided by or approved by the Department
of Health and as described in section 73.7 of this Part.
(h) The Training Director or other representative of the training provider with
supervisory authority over the training program shall inform the Department of
Health in writing two weeks in advance of any asbestos safety training program
to be conducted by the training provider and shall permit a representative(s)
from the Department of Health or the Department of Labor to attend, without
charge. The representative(s) will observe the program to insure compliance
with this Part. Training notification received with less than two weeks notice
but at least 72 hours notice from the proposed date of training must be
accompanied by a roster of students scheduled to attend. The department will
not recognize any program presented with less than 72 hours advance notice
unless the program is being presented in response to an environmental
emergency. Cancellation of any scheduled program must be communicated to the
department by telephone or by fax no later than 10:00 a.m. of the first day on
which the training program was to be held.
(i) The training provider must notify the department in writing of any changes
in any aspect of an approved training program prior to implementing such
change. Changes may not be implemented unless they are in accordance with the
requirements of this Part and have been approved by the department. Changes
include, but are not limited to, changes in Training Director, instructor(s),
program topics, teaching methods, language in which the program is given,
training date, location of scheduled training, or any other aspect of the
training program as described in this Part.
(j) If any revision in State or Federal asbestos safety training regulations
occur, or any other revisions (changes) occur which necessitate a change in an
approved asbestos safety training program, the Department of Health will notify
the approved training providers. Approved training providers must incorporate
the changes into the next scheduled training program unless otherwise specified
by the Department of Health.
(k) The training provider shall present an asbestos safety training program
only in the language specified in the application submitted to the Department
of Health for accreditation. The use of interpreters in the presentation of the
program is not permitted. A training provider must submit a separate
application for each language in which the asbestos safety training program
will be presented. The application for a language other than English must
include all of the elements specified in section 73.3 of this Part and, in
addition, include an accurate translation of all training materials into the
language in which the training program is to be presented, the equivalent
English version if not already approved, a notarized letter from the translator
attesting to the accuracy of the translation from English into the foreign
language and evidence that all instructors to be used in the program's
presentation are fluent in that language.
(l)(1) The training provider shall provide at no charge to each student
successfully completing a New York State Department of Health accredited
initial or refresher asbestos safety training program, a New York State
Department of Health Certificate of Asbestos Safety Training Completion (DOH
2832). The training provider may also provide each such student with a diploma
or other letter of training completion in addition to the certificate. Each New
York State Department of Health Certificate of Asbestos Safety Training
Completion issued must contain specific information that details a unique
certificate number, name, address and telephone number of the training
provider, the name of accredited person, program discipline, date(s) of the
training program, date of the examination, an expiration date of one year after
the date upon which the person successfully completed the program and
examination and a statement that the person receiving the certificate has
completed the requisite training for asbestos accreditation under the Toxic
Substance Control Act (TSCA) Title II. Any diploma or letter must clearly state
that the official record of successful training completion is the New York
State Department of Health Certificate of Asbestos Safety Training Completion.
All students completing New York State Department of Health approved initial or
refresher asbestos safety training must be informed by the training provider
how to obtain New York State Department of Labor asbestos abatement
certification. Students shall also be informed of Environmental Protection
Agency (EPA) accreditation requirements, including the expiration date of their
accreditation and the grace period to complete refresher training. A student
receiving a training completion certificate must be informed in writing of any
other costs that would be imposed by the training provider if he/she were to
request additional copies of his/her training completion certificate.
Successful completion of training will be based upon the following criteria:
(i) complete attendance at all sessions of training; and
(ii) successful completion of a final examination.
(2) At the completion of each program offered, the program provider shall
deliver to the department the Health Department's copy of each of the New York
State Department of Health Certificates of Asbestos Safety Training Completion
(DOH 2832) which were distributed to individuals who successfully completed
training requirements.
(m) All training programs must be completed within a period of two weeks.
Attendees shall not be required to attend more than eight hours of training in
any single 24 hour period. Evening sessions shall not exceed a maximum of four
hours for any single session. The number of hours of training required for each
training program, which must be completed within a two week time period by the
individual seeking a New York State Department of Health Certificate of
Asbestos Safety Training Completion (DOH 2832), shall be as follows:
(1) Initial Asbestos Handler training shall be a minimum of 32 hours, of which
16 hours will be dedicated to hands-on training. This represents 26 contact
hours of training, of which 13 contact hours will be specific to hands-on
activities.
(2) Asbestos Handler Refresher training shall be a minimum of 8 hours. This
represents 6.5 contact hours of training.
(3) Initial Contractor/Supervisor training shall be a minimum of 40 hours, of
which 16 hours will be dedicated to hands-on training. This represents 32.50
contact hours, of which 13 contact hours will be specific to hands-on
activities.
(4) Contractor/Supervisor Refresher training shall be a minimum of 8 hours.
This represents 6.5 contact hours of training.
(5) Initial Operations and Maintenance training shall be a minimum of 16 hours,
of which 4 hours will be dedicated to hands-on training. This represents 13
contact hours, of which 4 contact hours will be specific to hands-on
activities.
(6) Operations and Maintenance Refresher training shall be a minimum of 4
contact hours of training.
(7) Initial Allied Trades training shall be a minimum of 12 hours, of which 4
hours will be specific to hands-on activities. This represents 10.50 contact
hours, of which 4 hours will be specific to hands-on training.
(8) Allied Trades Refresher training shall be a minimum of 4 contact hours of
training.
(9) Initial Asbestos Project Sampling Technician training shall be a minimum of
16 hours, of which 5 hours will be specific to hands-on activities. This represents
13 contact hours, of which 5 contact hours will be specific to hands-on
activities.
(10) Asbestos Project Air Sampling Technician Refresher training shall be a
minimum of 4 contact hours of training.
(11) Initial Inspector training shall be a minimum of 24 hours, of which 4
hours will be specific to hands-on training. This represents 19.50 contact
hours, of which 4 contact hours will be specific to hands-on activities.
(12) Inspector refresher training shall be a minimum of 4 contact hours of training.
(13) Initial Management Planner training shall be a minimum of 16 hours. This
represents 13 contact hours of training. A trainee must first complete an
Inspector training program as defined in Section 73.5(f) of this Part.
(14) Management Planner refresher training shall be a minimum of 8 contact
hours of training, which shall include the four hour Inspector refresher
training program.
(15) Initial Project Designer training shall be a minimum of 24 hours. This
represents 19.50 contact hours of training.
(16) Project Designer refresher training shall be a minimum of 8 hours of
training. This represents 6.50 contact hours of training.
(17) Initial Project Monitor training shall be a minimum of 40 hours, of which
6 hours will be specific to hands-on training. This represents 32.50 contact
hours, of which 6 contact hours will be specific to hands-on activities.
(18) Project Monitor refresher training shall be a minimum of 8 hours of
training. This represents 6.5 contact hours of training.
(n) The classroom and hands-on ratio of students to instructors shall not
exceed the following:
(1) Classroom - 25 to 1.
(2) Hands-on - 8 to 1.
(o) A person seeking accreditation in any one of the disciplines cannot attend
two or more programs concurrently but may attend such programs sequentially.
Trainees must complete all portions of the training to successfully complete
the program.
(p) The training provider must verify initial and refresher training
credentials submitted by individuals prior to their enrollment into a refresher
program. Verification of training credentials to ensure valid accredited
training is a prerequisite for admittance into a New York State Department of
Health approved refresher training program. Receipt of these credentials and verification
that the training credentials meet USEPA or Model Accredited State Plan
requirements must occur before the individual is allowed to take the refresher
training program. New York State Department of Health approved training
providers must respond to requests for such verification when requested by
other approved training providers.
Effective Date: 11/05/97
Title: Section 73.3 - Application information
73.3 Application information. A training provider seeking accreditation of any
initial or refresher asbestos safety training program described in sections
73.5 and 73.6 of this Part shall apply to the Department of Health for each
such program. Provisional accreditation shall be determined after a full review
of the program application has been completed. If provisional approval is
granted, a letter of provisional accreditation shall be sent to the applicant.
In the case of disapproval, a letter describing the reasons for disapproval
shall be sent to the applicant. Prior to disapproval, the department may
request additional information to address inadequacies in the application for
accreditation. If a training provider's application is disapproved, the
provider may reapply for accreditation at any time. The training provider shall
submit the following information to the Department of Health for review at
least 45 days prior to the requested approval date:
(a) A completed copy of the appropriate Department of Health application form;
(b) A description of the training facility(ies)
including a diagram or blueprint which identifies classrooms with their
respective area dimensions, recordkeeping location(s), and equipment storage
location(s). If records are to be stored at a location other than the training
facility, the address and site specific information on the record storage room
must be included;
(c) A detailed outline of the program including the length of training, the
amount of time allotted to each topic, a description of the type of teaching
method for each topic, and the name(s) of the proposed instructors for each
topic. For each proposed instructor include credentials demonstrating previous
adult teaching experience, knowledge of the topics he/she will be teaching
and/or description of relevant field experience in asbestos abatement;
(d) Copies of instructor lesson plan and transparencies, slides, and
audio-visual materials to be used to supplement the program presentation. The
training provider must detail in the application for accreditation those
interactive/participatory teaching methods to be used and in which topic areas
they will be employed;
(e) One copy of the entire student manual along with all other written
materials intended to augment the student manual;
(f) A detailed description of the training provider's management and corporate
structure including individual names of management personnel and corporate
officers. The detailed description must include details of other business
affiliations including, but not limited to, affiliations with asbestos
abatement firms, environmental sampling and analysis firms and manpower
brokerage firms;
(g) Evidence that the proposed Training Director meets the qualifications
listed in subdivision 73.2(a) of this Part;
(h) A description of all materials and equipment to be used for hands-on
practice exercises and demonstrations. This description shall include, but not
be limited to, type and quantity of:
(1) protective clothing;
(2) personal respirators and their respective filters;
(3) high efficiency particulate absolute (HEPA) vacuum filtration equipment;
(4) negative air pressure equipment;
(5) building materials for containment and decontamination unit including, but
not limited to, plastic sheeting (6 millimeter in thickness), duct tape,
appropriate carpentry tools, ground fault interrupters, water filtration
equipment, non-asbestos material, scaffolding and ladders;
(6) asbestos abatement equipment including, but not limited to, glovebags for removing horizontal and vertical pipe
insulation and for insulation on pipe elbows, tent structures, smoke test
equipment, water spray devices and hand tools;
(7) sampling equipment including, but not limited to, bulk sampling devices,
personal air sampling pumps and respective filters, area sampling pumps and
respective filters, primary and secondary calibration devices, chain of custody
forms and sample containers;
(i) A full description of a quality control program
as described in subdivision 73.2(e) of this Part;
(j) A copy of the examination and its respective answer sheet and a detailed
statement explaining the methodology used to develop and select the examination
questions;
(k) A sample asbestos safety training program evaluation form;
(l) The training provider must submit a detailed recordkeeping procedure which
identifies the type of records to be maintained as described below, the address
where records will be maintained, the organization in which they will be
maintained and what security measures will be implemented to ensure the
integrity of the records. The training provider shall maintain all required
records for a minimum of three years. Upon request, the training provider must
allow a representative of the New York Stare Department of Health or the
Department of Labor reasonable access to all required records. If a training
provider ceases to conduct training, the training provider shall notify the
Department of Health and give it the opportunity to take possession of that
provider's asbestos training records. Students receiving training completion
certificates must be informed in writing at the time of the program of any
costs they would incur if they were to request additional copies of their
training completion certificates.
(1) Individual training program records must include the following:
(i) list of instructors that taught each program on
each date that it was offered and the topic areas they presented;
(ii) the name of the instructor(s) who proctored and/or graded the exam for
each program;
(iii) attendance roster for each session of training which must be signed by
the student at the beginning and end of each session. The roster must include
the times that each student arrived and departed the training session. For
those students who miss any portion of the scheduled program, documentation
must be included which verifies make-up of that missed portion of the program.
Individuals must attend all sessions in order to satisfactorily complete the
program; and
(iv) student program evaluations.
(2) Individual student records must include the following for each program
attended:
(i) the name of the individual attending the program,
his/her social security number or other suitable form of identification, the
type of program attended and the dates of attendance;
(ii) completed sponsor copy of the DOH 2832 form;
(iii) a copy of any form letter or diploma that is issued to the student upon
completion of the program;
(iv) a graded and dated examination answer sheet for each exam attempt, and
with respect to repeat examinations, a narrative explaining any assistance
provided to the student prior to the re-test;
(v) signed student program information memorandum specific to the program
offered;
(vi) all appropriate documentation demonstrating initial and any refresher
training must be included in the student file or referenced in those instances
where the training sponsor has provided the initial training and all subsequent
refresher training; and
(vii) documentation of valid Inspector accreditation for each individual
attending an initial Management Planner training program. This information must
be verified at the time of program admission.
(3) Program accreditation file must include the following for each program
offered:
(i) a copy of the Department's program accreditation
letter (provisional and full) for each specific program and approval letters
received from New York City, United States Environmental Protection Agency
(USEPA) and other States;
(ii) copies of the application form and all training program materials
submitted to the Department as part of the original curriculum submission;
(iii) copies of all revisions to the accredited curriculum and correspondence
approving such revisions;
(iv) copies of all instructor' resumes, and the documents approving each
instructor issued by the Department, New York City Department of Environmental
Protection, USEPA and/or other states;
(v) copies of exam questions for each program offered.
(4) Department of Health memorandum file which contains all memoranda issued by
the department and pertaining to asbestos safety training;
(m) The names of the designated lead classroom instructors and lead hands-on
instructors and their qualifications and topic(s)/hands-on area(s) to be taught
by each instructor. The following documents must be submitted as necessary to
prove that the designated instructor meets the requirements of section 73.4,
including relevant educational, work experience, and training requirements.
(1) Official academic transcripts; and/or
(2) One of the following:
(i) resume;
(ii) letters of reference;
(iii) instructor certification in another Model Plan Accredited State; or
(iv) documentation of work experience; and
(3) A copy of the signed statement of employment;
(n) Changes to any aspect of the training program. The training provider must
describe the procedure used to notify the department in writing of any changes
in any aspect of an accredited training program prior to implementing such
change. With every application for accreditation of an asbestos safety training
program the training provider must certify that such notification will be
given;
(o) A list of all other governmental authorities that currently approve the
training course.
Effective Date: 10/22/1997
Title: Section 73.4 - Minimum instructor qualifications
73.4 Minimum instructor qualifications. (a) Instructors must possess knowledge
of the topics that will be taught, which may have been acquired through such
means as relevant training or education or relevant field experience in the
asbestos abatement industry, and the ability to effectively communicate the
topics that will be taught.
(b) An instructor shall have sufficient experience or knowledge in the design
and implementation of public health protection programs associated with
asbestos to effectively communicate the principles and legal requirements of
public health protection to program attendees.
(c) For all approved programs a health professional shall teach the specific
topics of the health effects of asbestos and medical monitoring.
(d) The instructor teaching sections of programs involving the hands-on
practice sessions shall have one year of actual work experience in the area
being taught.
(e) Instructors whose involvement in the program is limited to the specific
topics of legal liability, health effects, or medical monitoring are not required
to meet the requirements of subdivisions (b) and (d) of this section but must
meet all other applicable requirements.
(f) The department may deny instructor approval if an instructor has been found
in violation of relevant state or federal asbestos regulations.
Effective Date: 11/05/1997
Title: Section 73.5 - Topics and requirements for initial asbestos
safety training programs
73.5 Topics and requirements for initial asbestos safety training programs. An
accredited initial asbestos safety training program shall include at least the
core topics listed in subdivision (a) of this section. Actual asbestos material
shall not be used for hands-on exercises.
(a) Core topics for all initial asbestos safety training programs except
management planner are:
(1) history of asbestos use;
(2) identification of asbestos:
(i) Types and physical characteristics of asbestos
including fiber size, aerodynamic characteristics and appearance;
(ii) Common uses and applications for asbestos containing products.
(3) current Federal, State and local laws, regulations and guidelines
concerning asbestos, including but not limited to the areas of air monitoring,
recordkeeping, employee notification of exposures and mandatory worksite safety
procedures;
(4) health effects of asbestos:
(i) factors affecting disease development including:
properties of asbestos; how asbestos enters the respiratory and digestive
systems and the abdominal and chest cavity; concentration and duration of
exposure; and body defenses;
(ii) clinical signs of asbestos exposure based on visible changes in x-rays
including plaques and asbestos bodies;
(iii) asbestos-related diseases: Asbestosis, lung cancer, mesothelioma
and digestive system cancers (including the definitions and the concepts of
risk, latency, symptoms, and diagnosis);
(iv) health risks to family members of asbestos workers;
(v) synergism between cigarette smoking and asbestos exposure; and
(vi) lack of safe exposure level;
(5) protective clothing (hands-on practice required), including disposable and
non-disposable clothing, its purpose, other requirements and options, who must
wear it, donning, removal, storage, handling and disposal of clothing, types of
clothing such as suits, booties, hoods, gloves, eye protection, and footwear;
(6) summary of abatement control options.
(b) Asbestos handlers training program. The asbestos handlers training program
will be presented through lectures and a variety of interactive/participatory
learning methods and shall provide each student with sufficient opportunities
for practice exercises to thoroughly demonstrate that the students can properly
perform all aspects of asbestos work and prevent unnecessary exposure to others
at the worksite and to the general public by properly constructing and
maintaining temporary barriers, by properly using protective equipment, and by
using proper work area clean-up, decontamination, and work disposal techniques.
The program shall include, but not be limited to, the following topics:
(1) core topics as listed in subdivision (a) of this section;
(2) employee personal protective equipment (hands-on practice and demonstration
required):
(i) classes and characteristics of respirator types;
(ii) limitations of respirators and their proper selection, inspection,
donning, use maintenance, and storage procedures;
(iii) methods for field testing of the facepiece-to-face
seal (positive and negative pressure fitting tests);
(iv) qualitative and quantitative fit testing procedures;
(v) variability between field and laboratory protection factors that alter
respirator fit (e.g. facial hair);
(vi) the components of a proper respiratory protection program;
(vii) requirements pertaining to personal protective equipment (See EPA Worker
Protection Rule 40 CRFR Part 763, Subpart G; Occupational Safety and Health Act
(OSHA) Asbestos Construction Standard, 29 CFR 1926.11, OSHA Respirator Standard
29 CFR 1910.134);
(viii) use of rotometer to perform an air flow check
of a powered air purifying respirator;
(3) medical monitoring:
(i) requirements for physical examinations including
a pulmonary function test, chest x-rays and a medical history for each employee
(See Occupational Safety and Health Act (OSHA) Medical Surveillance Guidelines
for Asbestos, 29 CFR 1910.1001(l); EPA Worker Protection Rule, 40 CFR Part 763,
Subpart G);
(ii) frequency of medical examinations; and
(iii) employee access to records;
(4) personal hygiene:
(i) entry and exit procedures for the work area,
including sequential steps of workers in clean room, shower room and equipment
room;
(ii) use of showers;
(iii) sanitation including avoidance of eating, drinking, smoking and chewing
(gum and tobacco) in the work area;
(iv) potential exposures, such as family exposure;
(5) preparation of the work area (hands-on practice required):
(i) occupants;
(ii) furniture and equipment, including the removal of movable furniture and
equipment, covering and sealing stationary equipment such as duct work,
cleaning of furniture;
(iii) ventilation and electrical systems;
(iv) flooring;
(v) posting of signs;
(vi) electrical and ventilation system lock-out; and
(vii) pre-cleaning the work area;
(6) engineering control techniques to include a discussion of each of the
following individually as they apply to installation, removal, encapsulation,
enclosure, maintenance and repair (hands-on practice required):
(i) purpose, construction and maintenance of barriers
and decontamination enclosure systems;
(ii) removal of non-asbestos surfacing material using proper working techniques
which minimize fiber release;
(iii) use of wet methods and surfactants;
(iv) use of negative air pressure ventilation equipment;
(v) use of vacuum cleaner with High Efficiency Particulate Absolute (HEPA)
filters;
(vi) use, maintenance and clean-up of tools;
(vii) good housekeeping, such as promptly bagging asbestos debris and other
housekeeping features;
(viii) use of glovebags to remove non-asbestos
insulation from a horizontal pipe, vertical pipe and elbow;
(ix) emergency procedures for sudden release;
(x) potential exposure situations; and
(xi) recommended and prohibited work practices;
(7) decontamination system (hands-on practice required) to include:
(i) construction of a decontamination enclosure
system consisting of a clean room, shower and equipment room separated in
series, from each other and the work area by three airlocks. This system shall
be attached to the work area;
(ii) sequential steps of workers in clean room, shower room, and equipment
room;
(iii) use of a shower water filtration system;
(iv) direction of air flow through the rooms;
(v) security of the work area and enclosure; and
(vi) purpose and use of an entry and exit log;
(8) proper clean-up and disposal (hands-on practice required):
(i) post abatement clean-up procedures and sequence
of activities;
(ii) disposal including bagging, drumming, storage and transport;
(iii) daily work area and decontamination clean-up procedures;
(iv) clean-up of equipment; and
(v) removal of isolation barriers and decontamination enclosure system;
(9) other safety hazards that may be encountered during asbestos abatement
activities and procedures to eliminate their occurrence (hands-on practice
required):
(i) electrical hazards and placement of electrical
cords to reduce tripping hazards
(ii) heat stress;
(iii) air contaminants other than asbestos;
(iv) fire and explosion hazards;
(v) gasoline engines;
(vi) scaffold and ladder hazards and proper use to minimize hazards;
(vii) slips, trips and falls;
(viii) confined spaces including requirements for entry and exit procedures;
(ix) noise;
(x) emergency procedures to follow in the event of fire and medical emergencies
and failure of containment barriers;
(10) purposes and methods of asbestos air monitoring and testing (hands-on
practice required):
(i) procedures to determine airborne concentrations
of asbestos fibers, focusing on how personal air sampling is performed and the
reasons for it;
(ii) air samples, air monitoring and personal monitoring procedures and
requirements under Federal and State regulations;
(iii) sampling equipment demonstration including pumps, filters, and
calibration;
(iv) types of analysis and interpretation of analytical results including
electron microscopy techniques, optical microscopy techniques, and requirements
under Federal and State regulations;
(11) establishment of programs for respiratory protection;
(12) case studies: Typical problems and corrective measures;
(13) relevant Federal, State and local requirements, procedures and standards
(See especially OSHA Asbestos Construction Standard, 29 CFR 1926.1101; Title 12
NYCRR Part 56; EPA Asbestos Model Accreditation Plan, 40 CFR Part 763, Appendix
C to Subpart E); and
(14) program review.
(c) Operations and maintenance training program. This program is for operations
and maintenance (O and M) workers who work on minor asbestos projects but do
not work on small asbestos projects or large asbestos projects. It is intended
for all operations and maintenance staff of an employer who perform minor
asbestos projects on the premises of that employer. This program will be a
minimum of two training days. Four (4) hours of hands-on exercises are
required. This program shall include but be not limited to:
(1) core topics as listed in subdivision (a) of this section;
(2) recognition of damage, deterioration, and delamination
of asbestos material;
(3) proper methods of handling asbestos material (hands-on practice required):
(i) purpose, construction and maintenance of barriers
(including glove bags);
(ii) use of wet methods and surfactants;
(iii) use of vacuum cleaners with High Efficiency Particulate Absolute (HEPA)
filters;
(iv) use, maintenance, and clean-up of tools;
(v) good housekeeping, such as promptly bagging asbestos debris and other
housekeeping features.
(4) proper clean-up and disposal (hands-on practice required):
(i) clean-up including techniques and sequence of
activities;
(ii) disposal including bagging, drumming, storage and transport.
(5) information on the use of respiratory protection as required by the EPA
(see the EPA/NIOSH Guide to Respiratory Protection for the Asbestos Abatement
Industry) and hands-on training in the use of respiratory protection, other
protective measures, and good work practices;
(6) medical monitoring:
(i) requirements for physical examinations including
a pulmonary function test, chest x-rays and a medical history for each employee
(see OSHA Medical Surveillance Guidelines for Asbestos, 29 CFR 1910.1001(l),
EPA Worker Protection Rule, 40 CFR Part 763, Subpart G);
(ii) frequency of medical examinations; and
(iii) employee access to records;
(d) Allied trades training program. This program is for workers who prepare or
otherwise enter a contained asbestos project work area for a limited time in
performing certain specialized tasks in preparation of, or ancillary to, the
actual asbestos abatement. This program shall be a minimum of one and one-half
training days. A minimum of four (4) hours of hands-on exercises are required.
This program shall include but not be limited to:
(1) core topics listed in subdivision (a) of this section;
(2) personal hygiene;
(i) entry and exit procedures for the work area;
(ii) use of showers; and
(iii) sanitation;
(3) preparation of work area:
(i) occupants;
(ii) furniture and equipment, including the removal of movable furniture and
equipment, covering and sealing stationary equipment such as duct work,
cleaning of furniture;
(iii) ventilation and electrical systems;
(iv) flooring;
(v) posting of signs;
(vi) electrical ventilation system lock-out.
(4) engineering control techniques (discuss each individually for work
practices as they apply to the specialized occupations working in proximity to
the actual asbestos abatement project). (Hands-on practice required):
(i) purpose, construction and maintenance of barriers
and decontamination enclosure systems (including glove bags);
(ii) proper working techniques for minimizing fiber release;
(iii) use of wet methods and surfacants;
(iv) use of negative air pressure ventilation equipment;
(v) use of vacuum cleaners with High Efficiency Particulate Absolute (HEPA)
filters;
(vi) use, maintenance and clean-up of tools;
(vii) good housekeeping, such as promptly bagging asbestos debris and other housekeeping
features.
(5) decontamination system (hands-on practice required):
(i) sequential steps of workers in clean room, shower
room and equipment room;
(ii) direction of air flow through the rooms;
(iii) security of the work area and enclosure;
(iv) purpose of exit and entry log.
(6) other safety hazards that may be encountered during asbestos abatement
activities:
(i) electrical hazards;
(ii) heat stress;
(iii) air contaminants other than asbestos;
(iv) fire and explosion hazards;
(v) gasoline engines;
(vi) scaffold and ladder hazards;
(vii) slips, trips and falls;
(viii) confined spaces;
(ix) noise;
(x) emergency procedures to follow in the event of fire or medical emergencies
or failure of containment barriers.
(7) case studies: typical problems and corrective measures;
(8) employee personal protective equipment:
(i) classes and characteristics of respirator types;
(ii) limitations of respirators and their proper selection, inspection,
donning, use, maintenance, and storage procedures;
(iii) methods for field testing of the facepiece-to-face
seal (positive and negative pressure fitting tests);
(iv) qualitative and quantitative fit testing procedures;
(v) variability between field and laboratory protection factors that alter
respirator fit (e.g. facial hair)
(vi) the components of a proper respiratory protection program;
(vii) requirements pertaining to personal protective equipment (See EPA Worker
Protection Rule 40 CFR Part 763, Subpart G; OSHA Asbestos Construction
Standard, 29 CFR 1926.1101; OSHA Respirator Standard, 29 CFR 1910.134);
(9) Medical monitoring. OSHA requirements for pulmonary function test, chest
X-rays, and a medical history for each employee.
(e) Asbestos project air sampling technician training program. This program is
for workers who perform environmental asbestos sampling by applying proper
techniques and methods in the selection of sites, collection, handling,
recording and chain-of-custody procedures in the transport of environmental
asbestos samples which fulfill the assessment and monitoring requirements for
all pre-abatement, abatement and post-abatement asbestos projects in compliance
with existing regulations or in performance of investigative studies. This
program shall be a minimum of two (2) training days. Five (5) hours of hands-on
exercises are required. This program shall include but not be limited to:
(1) core topics listed in subdivision (a) of this section;
(2) principles of asbestos project abatement procedures and practices;
(3) personal hygiene:
(i) entry and exit procedures for the work area;
(ii) use of showers;
(iii) sanitation.
(4) decontamination system (hands-on practice required):
(i) sequential steps of workers in clean room, shower
room and equipment room;
(ii) direction of air flow through the rooms;
(iii) security of the work area and enclosure.
(5) other safety hazards that may be encountered during asbestos abatement
activities:
(i) electrical hazards;
(ii) heat stress;
(iii) air contaminants other than asbestos;
(iv) fire and explosion hazards;
(v) gasoline engines;
(vi) scaffold and ladder hazards;
(vii) slips, trips and falls;
(viii) confined spaces;
(ix) noise;
(x) emergency procedures to follow in the event of fire or medical emergencies
or failure of containment barriers;
(xi) purpose of exit and entry log;
(6) purposes and methods of asbestos bulk sampling, air monitoring and testing
(hands-on practice required):
(i) proper methods of collecting bulk samples to
minimize generation of airborne fibers;
(ii) air samples, air monitoring and personal monitoring procedures and
requirements under Federal and State regulations;
(iii) sampling equipment demonstration including pumps, filters, and
calibration, in order to collect representative samples;
(iv) types of analysis and interpretation of analytical results including
electron microscopy techniques, optical microscopy techniques, and requirements
under Federal and State regulations;
(v) proper chain of custody procedures for legally defensible data;
(7) information on the use of respiratory protection as required by the EPA
(see the EPA/NIOSH Guide to Respiratory Protection for the Asbestos Abatement
Industry) and hands-on training in the use of respiratory protection, other
protection measures and good work practices.
(f) Inspector training program. This program is for workers who collect bulk
samples, survey, identify, record and report upon asbestos containing materials
associated with any building or structure in compliance with existing
regulations or in performance of investigative studies. The inspector training
program will be presented through lectures and a variety of
interactive/participatory learning methods and shall provide each trainee with
sufficient opportunities for practice exercises to thoroughly demonstrate that
the trainee can perform the tasks required of an inspector. (See the Asbestos
School Hazard Abatement Reauthorization Act). The program shall include, but
not be limited to the following topics:
(1) core topics listed in subdivision (a) of this section;
(2) the role of inspectors - qualifications and functions:
(i) experience and qualifications of inspectors and
management planners;
(ii) functions of certified inspectors as compared to those of an accredited
management planner;
(iii) inspection procedures and processes;
(iv) asbestos containing material inventory and physical assessment;
(3) legal liability and defenses:
(i) legal liabilities and responsibilities of
inspectors and management planners;
(ii) comprehensive general liability policies;
(iii) claims made and occurrence policies;
(iv) environmental and pollution liability clauses;
(v) state liability insurance requirements;
(vi) bonding and the relationship of insurance availability to bond
availability;
(4) understanding the building systems:
(i) common building plan/layout;
(ii) heating, ventilation and air conditioning systems:
(a) System types, organization;
(b) Common system layout;
(c) Common locations of asbestos containing material on heating, ventilation
and air-conditioning components.
(iii) building mechanical systems:
(a) system types, organization;
(b) common system layout;
(c) common locations of asbestos containing material.
(iv) inspecting electrical systems:
(a) inspection procedures;
(b) safety precautions.
(v) reading blueprints and as-built drawings.
(5) public/employee/building occupant relations:
(i) inspection notification to the
public/employee/building occupant;
(ii) warning signs;
(iii) strategies, techniques for handling building occupants and the press;
(iv) inspection scheduling strategies for minimizing disruption of building
activities;
(v) education of building occupants;
(6) pre-inspection planning and review of previous inspection records:
(i) inspection scheduling and obtaining access;
(ii) building record review;
(iii) identifying homogeneous sampling areas using blueprints or as-built
drawings;
(iv) consultation with maintenance or building personnel;
(v) review of previous inspections, sampling and abatement records;
(vi) the role of the inspector in exclusions for previously performed
inspections;
(7) Inspecting for friable and non-friable asbestos containing material and
assessing condition:
(i) processes and procedures for conducting visual
inspections for asbestos containing material;
(ii) types of building materials that may contain asbestos;
(iii) determining friability sample sites;
(iv) open return air plenums and their importance in HVAC systems;
(v) assessing damage and deterioration:
(a) significant damage;
(b) potential for damage;
(c) potential for significant damage;
(d) type of damage;
(e) possible causes of damage;
(f) materials potential for disturbance;
(g) amount of suspect ACM, both in total quantity and as a percentage of the
total area;
(h) accessibility;
(i) known or suspected causes of damage or
significant damage; and
(j) deterioration as assessment factors;
(8) bulk sampling/documentation of asbestos in buildings (hands-on practice
required):
(i) detailed discussion of the simplified sampling
scheme for friable material (see EPA 560/5-85-030a October 1985);
(ii) random distribution sampling techniques;
(iii) sampling workshop for surfacing material, thermal system insulation and
non-friable materials;
(iv) techniques for bulk sampling:
(a) proper use of bulk sampling and repair equipment;
(b) patching and repairing sampling area.
(v) polarized light microscopy;
(vi) choosing an accredited laboratory;
(vii) quality control and quality assurance;
(9) inspector respiratory protection and personal protective equipment workshop
(hands-on practice and demonstration required):
(i) respirator types and classes;
(ii) respirator limitations;
(iii) proper selection, inspection, donning, use, storage and maintenance;
(iv) field testing facepiece-to-face seal (positive
and negative fit test);
(v) qualitative and quantitative fit test procedures;
(vi) variability between field and laboratory protection factors that alter
respirator fit (e.g. facial hair);
(vii) developing a respiratory protection program;
(viii) selection and use of personal protective clothing-- use, storage and
handling of non-disposable clothing;
(10) medical monitoring:
(i) requirements for physical examinations, including
pulmonary function test, chest x-rays and a medical history for each employee
(see OSHA Medical Surveillance Guidelines for Asbestos, 29 CFR 1910.1001(l);
EPA Worker Protection Rule, 40 CFR Part 763, Subpart G);
(ii) frequency of medical examinations; and
(iii) employee access to records;
(11) recordkeeping and writing the inspection report:
(i) sample labeling procedures and keying sample
identification to sampling location;
(ii) asbestos containing material inventory procedures;
(iii) the use of photographs;
(iv) review of Federal, State and local government asbestos project forms;
(v) information required for inclusion in the management plan required for
school buildings (see TSCA Title II, section 203(i)(l);
(12) review of relevant Federal, STate and local government
requirements (see National Emission Standards for Hazardous Air Pollutants
(NESHAP): 40 CFR Part 61, Subparts A and M); EPA Worker Protection Rule (40 CFR
Part 763, Subpart G); OSHA Asbestos Construction Standard (29 CFR 1926.1101);
OSHA respirator requirements (29 CFR 1910.134); the Friable Asbestos in Schools
Rule (40 CFR Part 763, Subpart F); and Article 30 of the NYS Labor Law; 12
NYCRR Part 56; this Part and other applicable State and local regulations) and
differences between Federal and State requirements where they apply, and the
effects, if any, on public and nonpublic schools or commercial or public
buildings;
(13) walk-through survey workshop that includes:
(i) visual inspection procedures for inspection
buildings (on-site practice) including walls, ceilings, ducts, beams, piping,
etc.;
(ii) choosing sample locations;
(iii) developing asbestos containing material inventory; and
(iv) physical building assessments; on-site discussion and classroom
discussion;
(14) program review. A review of key aspects of the training program.
(g) Management planners training program. This program is for those responsible
for using data gathered by inspectors to assess the asbestos containing
materials hazard in buildings, determine appropriate response actions, and
develop a schedule for implementing response actions. Management planners must
complete an Inspector training program as defined in subdivision (f) of this
section and an additional training program of at least two (2) training days.
Possession of current and valid inspector accreditation shall be a prerequisite
for admission to the management planner training program. The management
planner training program will be presented through lectures and demonstrations.
At a minimum the following topics are to be included in these two additional
training days:
(1) course overview:
(i) the role of the management planner;
(ii) operations and maintenance programs;
(iii) setting work priorities;
(iv) protection of building occupants;
(2) evaluation/interpretation of survey results:
(i) review of federal or state requirements for
inspection and management plans (see, for example, TSCA Title II section 203(i)(1));
(ii) summarized field data and laboratory results;
(iii) comparison between field inspector's data sheet with laboratory results
and site survey;
(3) hazard assessment:
(i) amplification of the difference between physical
assessment and hazard assessment;
(ii) the role of the management planner in hazard assessment;
(iii) explanation of significant damage, damage, potential damage and potential
significant damage;
(iv) use of a description (or decision tree) code for assessment of ACM;
assessment of friable ACM;
(v) relationship of accessibility, vibration sources, use of adjoining space,
and air plenums and other factors to hazard assessment;
(4) legal implications:
(i) liability;
(ii) insurance issues specific to planners;
(iii) liabilities associated with interim control measures, in-house
maintenance, repair, and removal;
(iv) use of results from previously performed inspections;
(5) evaluation and selection of control operations:
(i) overview of encapsulation, enclosure, interim
operations and maintenance, and removal;
(ii) advantages and disadvantages of each method;
(iii) response actions described via a decision tree or other appropriate
method;
(iv) work practices for each response action;
(v) staging and prioritizing of work in both vacant and occupied buildings;
(vi) the need for containment barriers and decontamination in response actions;
(6) role of other professionals:
(i) use of industrial hygienists, engineers, and
architects in developing technical specifications for response actions;
(ii) any requirements that may exist for architect sign-off to plans;
(iii) team approach to design of high-quality job specifications;
(7) developing an operations and maintenance (O&M) plan:
(i) purpose of the plan;
(ii) discussion of applicable EPA guidance documents;
(iii) what actions should be taken by custodial staff;
(iv) proper cleaning procedures;
(v) steam cleaning and high efficiency particulate aerosol (HEPA) vacuuming;
(vi) reducing disturbance of ACM;
(vii) scheduling O&M for off-hours;
(viii) rescheduling or canceling renovation in areas with ACM;
(ix) boiler room maintenance;
(x) disposal of ACM;
(xi) in-house procedures for ACM-bridging and penetrating encapsulants;
(xii) pipe fittings;
(xiii) metal sleeves;
(xiv) polyvinyl chloride (PVC), canvas, and wet wraps;
(xv) muslin with straps;
(xvi) fiber mesh cloth;
(xvii) mineral wool, and insulating cement;
(xviii) discussion of employee protection programs and staff training;
(xix) case study in developing an O&M plan (development, implementation
process, and problems that have been experienced);
(8) regulatory review:
(i) OSHA Asbestos Construction Standard;
(ii) the National Emissions Standard for Hazardous Air Pollutants (NESHAPS);
(iii) other applicable Federal regulations including, but not limited to, the
National Emissions Standard for Asbestos, EPA Worker Protection Rule, and TSCA
Title II;
(iv) Article 30, Part 56 of Title 12, this Part and any other applicable State
statutes or regulations;
(9) recordkeeping for the management planner:
(i) use of field inspector's data sheet along with
laboratory results;
(ii) ongoing recordkeeping as a means to track asbestos disturbance;
(iii) procedures for recordkeeping;
(10) assembling and submitting the management plan:
(i) plan requirements of the EPA (see in TSCA Title
II section 203(i)(1));
(ii) the management plan as a planning tool;
(11) financing abatement actions:
(i) economic analysis and cost estimates;
(ii) development of cost estimates;
(iii) present costs of abatement versus future operations and maintenance
costs;
(iv) Asbestos School Hazard Abatement Act grants and loans, and New York State
grant program;
(12) program review. A review of key aspects of the training program.
(h) Abatement project training program. This program is for those who as
project designers are responsible for determining how asbestos abatement
project work should be conducted. This program shall include, but not be
limited to, the following topics:
(1) core topics as listed in subdivision (a) of this section;
(2) overview of abatement construction projects:
(i) abatement as a portion of a renovation project;
(ii) notification of other contractors on a multi-employer site (see OSHA
requirements at 29 CFR 1926.58);
(3) safety system design specifications:
(i) design, construction and maintenance of
containment barriers and decontamination enclosure systems;
(ii) positioning of warning signs;
(iii) electrical and ventilation system lock-out;
(iv) proper working techniques for minimizing fiber release;
(v) entry and exit procedures for the work area;
(vi) use of wet methods;
(vii) use of negative pressure exhaust ventilation equipment;
(viii) use of high efficiency particulate aerosol (HEPA) vacuums;
(ix) proper clean-up and disposal of asbestos;
(x) work practices as they apply to encapsulation, enclosure, and repair;
(xi) use of glove bags and a demonstration of glove bag use;
(xii) techniques for completing an initial cleaning of the work area;
(4) field trip. Visit an abatement site or other suitable building site,
including on-site discussions of abatement design and rationale for the concept
of functional spaces, and building walk-through inspection, and discussion
following the walk-through;
(5) employee personal protective equipment:
(i) classes and characteristics of respirator types;
(ii) limitations of respirators;
(iii) proper selection, inspection, donning, use, maintenance, and storage
procedures;
(iv) methods for field testing of the facepiece-to-face
seal (positive and negative pressure fitting tests);
(v) qualitative and quantitative fit testing procedures;
(vi) variability between field and laboratory protection factors that alter
respirator fit (e.g. facial hair);
(vii) components of a proper respirator protection program;
(viii) selection and use of personal protective clothing;
(ix) use, storage and handling of non-disposable clothing;
(6) additional safety hazards. Hazards encountered during abatement activities
and procedures to eliminate their occurrence, including electrical hazards,
heat stress, air contaminants other than asbestos, fire and explosion hazards, scaffolk and ladder hazards, confined space hazards and
slips, trips and falls;
(7) fiber aerodynamics and control:
(i) aerodynamic characteristics of asbestos fibers;
(ii) importance of proper containment barriers;
(iii) settling time for asbestos fibers;
(iv) wet methods in abatement;
(v) aggressive air monitoring following abatement;
(vi) aggressive air movement and negative pressure exhaust ventilation as a
clean-up method;
(8) designing abatement solutions:
(i) discussions of removal, enclosure, and
encapsulation methods;
(ii) asbestos waste disposal;
(9) budgeting/cost estimation:
(i) development of cost estimates;
(ii) present costs of abatement versus future operations and maintenance costs;
(iii) setting priorities for abatement jobs to reduce cost;
(10) writing abatement specifications:
(i) means and methods specifications versus
performance specifications;
(ii) design of abatement in occupied buildings;
(iii) modification of guide specifications to a particular building;
(iv) worker and building occupant health/medical considerations;
(v) replacement of ACM with non-asbestos substitutes;
(vi) clearance of work area after abatement;
(vii) air monitoring for clearance;
(viii) preparation of and a need for a written project design;
(11) final clearance process for reoccupancy:
(i) discussion of the need for a written sampling
rationale for aggressive final air clearance;
(ii) requirements of a complete visual inspection; and
(iii) the relationship of the visual inspection to final air clearance;
(12) preparing abatement drawings:
(i) significance and need for drawings;
(ii) use of as-built drawings as base drawings;
(iii) use of inspection photographs and on-site reports;
(iv) methods of preparing abatement drawings;
(v) diagramming containment barriers;
(vi) relationship of drawings to design specifications; and
(vii) particular problems related to abatement drawings;
(13) contract preparation and administration;
(14) legal/liabilities/defenses:
(i) insurance consideration;
(ii) bonding;
(iii) hold-harmless clauses;
(iv) use of abatement contractor's liability insurance;
(v) claims made versus occurrence policies;
(15) replacement. Replacement of asbestos with asbestos-free substitutes;
(16) role of other consultants:
(i) development of technical specification sections
by industrial hygienists or engineers; and
(ii) the multidisciplinary team approach to abatement design;
(17) occupied buildings:
(i) special design procedures required in occupied
buildings;
(ii) education of occupants;
(iii) extra monitoring recommendations; .(tx. (iv)
staging work to minimize occupant exposure; and
(v) scheduling of renovations to minimize exposure;
(18) relevant Federal, State and local requirements, procedures and standards,
(see requirements of TSCA Title II: Article 30 of the NYS Labor Law; 12 NYCRR
Part 56; this Part; National Emission Standard for Hazardous Air Pollutants (40
CFR Part 61), Subparts A (General Provision) and M (National Emissions Standard
for Asbestos); OSHA standards for permissible exposure to airborne
concentrations of asbestos fibers and respiratory protection (29 CFR 1910.134);
EPA Worker Protection Rule (40 CFR Part 763), Subpart G; OSHA Asbestos
Construction Standard (29 CFR 1926.1101); OSHA Hazard Communication Standard
(29 CFR 1926.59); and other relevant Federal, STate
and local regulatory requirements);
(19) program review. A review of key aspects of the training program:
(i) Asbestos abatement contractors and supervisors
training program. A contractor may designate a supervisor to serve as his agent
for the purposes of the accreditation. Supervisors include those persons who
provide supervision and direction to workers engaged in asbestos removal,
encapsulation, enclosure, and repair. The asbestos abatement contractors and
supervisors program will be presented through lectures and a variety of
interactive/participatory learning methods and shall provide each trainee with
sufficient opportunities for practice exercises to thoroughly demonstrate that
the trainee has the skills and knowledge necessary to evaluate, select and
implement engineering control options in accordance with Federal and State
requirements. Supervisors may include those individuals with the position title
of foreman, working foreman, or leadman pursuant to
collective bargaining agreements. The program shall include, but not be limited
to, the following topics:
(1) core topics listed in subdivision (a) of this section;
(2) employee personal protective equipment (hands-on practice and demonstration
required):
(i) classes and characteristics of respirator types;
(ii) limitation of respirators and their proper selection, inspection, donning,
use, maintenance, and storage procedures;
(iii) methods for field testing of the facepiece-to-face
seal (positive and negative pressure fitting tests);
(iv) qualitative and quantitative fit testing procedures;
(v) variability between field and laboratory protection factors that alter
respirator fit (e.g. facial hair);
(vi) the components of a proper respirator protection program;
(vii) selection and use of personal protective clothing;
(viii) use, storage and handling of non-disposable clothing;
(ix) requirements pertaining to personal protective equipment (see EPA Worker
Protection Rule, 40 CFR Part 763, Subpart G; OSHA Asbestos Construction
Standard, 29 CFR 1926.1101; OSHA Respirator Standard, 29 CFR 1910.134);
(x) use of a rotometer to perform an air flow check
of a powered air purifying respirator;
(xi) uses and limitations of personal protective equipment (e.g. eye
protection, hard hats, gloves, footwear); and
(xii) breathing air systems including high pressure vs. low pressure, testing
for Grade D air and determining proper backup air volumes;
(3) state-of-the-art work practices (hands-on-practice required):
(i) proper work practices for asbestos abatement
activities including descriptions of proper construction and maintenance of
barriers and decontamination enclosure systems;
(ii) positioning of warning signs;
(iii) electrical and ventilation system lockout;
(iv) proper working techniques for minimizing fiber release;
(v) use of wet methods;
(vi) use of negative pressure ventilation equipment;
(vii) use of high efficiency particulate air (HEPA) vacuums;
(viii) proper clean-up and disposal procedures;
(ix) work practices for removal, encapsulation, enclosure, and repair;
(x) emergency procedures for sudden releases;
(xi) potential exposure situations;
(xii) transport and disposal procedures, and recommended and prohibited work
practices;
(xiii) discussion of new abatement-related techniques and methodologies may be
included.
(xiv) proper techniques for initial cleaning;
(xv) removal of non-asbestos surfacing material using proper working techniques
to minimize fiber release;
(xvi) use of glovebags to remove non-asbestos thermal
system insulation from a horizontal pipe, vertical pipe and elbow;
(xvii) construction of a decontamination enclosure system consisting of a clean
room, shower, and equipment room separated, in series, from each other and the
work area by three airlocks. This system shall be attached to the work area;
(xviii) use of a shower water filtration system;
(xix) post abatement clean-up procedures and sequence of activities; and
(xx) notification of building occupants;
(4) personal hygiene:
(i) entry and exit procedures for the work area;
(ii) use of showers;
(iii) avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in
the work area;
(iv) potential exposures, such as family exposure, shall also be included.
(5) additional safety hazards that may be encountered during asbestos abatement
activities and procedures to eliminate their occurrence (hands-on practice
required):
(i) electrical hazards and placement of electrical
cords to reduce tripping hazards;
(ii) heat stress;
(iii) air contaminants other than asbestos;
(iv) fire and explosion hazards;
(v) scaffold and ladder hazards and proper use to minimize hazards;
(vi) slips, trips and falls;
(vii) confined spaces entry and exit procedures (see OSHA Permit Required
Confined Spaces, 29 CFR 1910.146);
(viii) review of hazard assessment considerations;
(6) Medical monitoring:
(i) requirements for pulmonary function test, chest
x-rays and a medical history for each employee (see OSHA Medical Surveillance
Guidelines for Asbestos, 29 CFR 1910.1001(l); EPA Worker Protection Rule, 40
CFR Part 763, Subpart G);
(ii) frequency of medical examinations; and
(iii) employee access to records;
(7) air monitoring (hands-on practice required). Proper methods of collecting
employee exposure air samples. Procedures to determine airborne concentrations
of asbestos fibers, including a description of aggressive sampling, sampling
equipment and methods, reasons for air monitoring, types of samples, and
interpretation of results, specifically from analysis performed by polarized
light, phase-contrast, and electron microscopy analyses;
(8) relevant Federal, State and local requirements, procedures and standards,
(see Article 30 of the New York State Labor Law; 12 NYCRR Part 56; 10 NYCRR
Part 73; requirements of TSCA Title II; National Emission Standards for
Hazardous Air Pollutants (NESHAP), 40 CFR Part 61 Subparts A (General
Provisions) and M (National Emission Standard for Asbestos); OSHA standards for
permissible exposure to airborne concentrations of asbestos fibers and
respiratory protection (29 CFR 1910.134); OSHA Asbestos Construction Standard
(29 CFR 1926.1101); EPA Worker Protection Rule, 40 CFR Part 763, Subpart G;
OSHA Hazard Communication Standard (29 CFR 1926.59) and other relevant Federal,
State and local regulatory requirements);
(9) respiratory protection programs and medical surveillance programs;
(10) insurance and liability issues;
(i) contractor issues;
(ii) Workers' compensation coverage and exclusions;
(iii) third-party liabilities and defenses;
(iv) insurance coverage and exclusions.
(11) recordkeeping for asbestos abatement projects (hands-on practice
required):
(i) records required by Federal, State, and local
agencies;
(ii) records recommended for legal and insurance purposes; and
(iii) use of a daily project logbook to document work area inspections and
daily work activities;
(12) supervisory techniques for asbestos abatement activities (hands-on
practice required):
(i) supervisory practices to enforce and reinforce
the required work practices and discourage unsafe work practices;
(ii) use of smoke tubes to test the effectiveness of the work area barriers and
the decontamination enclosure system when the negative pressure system is in
operation; and
(iii) use of smoke tubes to perform glovebag seal
testing;
(13) contract specifications. Discussion of key elements that are included in
contract specifications;
(14) program review. A review of key aspects of the training program.
(j) Project monitor training program. A project monitor serves as the on-site
representative of the building owner to oversee asbestos abatement work to
insure that work is performed in accordance with specifications and in
compliance with all Federal, State, and local laws. They may also perform the
vital role of air monitoring for purposes of determining final clearance. The
project monitor program will be presented through lectures and a variety of
interactive/participatory learning methods and shall provide each trainee with
sufficient opportunities for practice exercises to thoroughly demonstrate that
the trainee has the skills and knowledge necessary to perform all tasks relevant
to a project monitor. The program will consist of lectures, demonstrations,
hands-on training, program review and a written examination. The hands-on
training component shall be satisfied in part by incorporating the workshop
component described in paragraphs 15 (i-iii) of this
subdivision, in which the students simulate participation in or performance of
relevant job functions or activities of a project monitor. The program shall
include, but not be limited to, the following topics:
(1) core topics as listed in subdivision (a) of this section;
(2) employee personal protective equipment (hands-on practice and demonstration
required):
(i) classes and characteristics of respirator types;
(ii) limitations of respirators and their proper selection, inspection,
donning, use, maintenance and storage procedures;
(iii) methods for field testing of the facepiece-to-face
seal (positive and negative pressure fitting tests);
(iv) qualitative and quantitative fit testing procedures;
(v) variability between field and laboratory protection factors that alter
respirator fit (e.g. facial hair);
(vi) the components of a proper respiratory protection program;
(vii) use of a rotometer to perform an air flow check
of a powered air purifying respirator;
(viii) uses and limitations of personal protective equipment (e.g., eye
protection, hard hats, gloves, footwear);
(ix) protective clothing selection, use and proper handling; and
(x) breathing air systems including high pressure vs. low prssure,
testing for Grade D air and determining proper backup air volumes;
(3) medical monitoring:
(i) requirements for physical examinations including
a pulmonary function test, chest x-rays and a medical history for each employee
(see OSHA Medical Surveillance Guidelines for Asbestos 29 CFR 1910.1001(l); EPA
Worker Protection Rule, 40 CFR Part 763, Subpart G);
(ii) frequency of medical examinations; and
(iii) employee access to records;
(4) roles and responsibilities of the project monitor, including
regulatory/specification compliance monitoring, air monitoring, conducting
visual inspections, and final clearance monitoring;
(5) relevant Federal, State and local asbestos requirements; interrelationships
of such requirements, (See NESHAP, 40 CFR Part 61, Subparts A and M; Asbestos
Hazard Emergency Response Act (AHERA), 40 CFR Part 763, Subpart E; and the EPA
Worker Protection Rule, 40 CFR Part 763, Subpart G; OSHA Construction Industry
Standard for Asbestos, 29 CFR 1926.1101; Respirator Standard, 29 CFR 1910.134;
Hazard Communication Standard, 29 CFR 1926.59; and Article 30 of the NYS Labor
Law; 12 NYCRR Part 56; this Part; and other applicable federal, state and local
regulations).
(6) understanding building construction and building systems:
(i) building construction basics;
(ii) building physical plan layout;
(iii) understanding building systems (heat, ventilation and air conditioning
(HVAC), electrical, etc);
(iv) layout and organization;
(v) where asbestos is likely to be found on building systems; and
(vi) renovations and the effect of asbestos abatement on building systems;
(7) asbestos abatement contracts, specifications, and drawings:
(i) basic provisions of the contract;
(ii) relationships between principle parties;
(iii) establishing chain of command;
(iv) types of specifications, including means and methods, performance,
proprietary and non-proprietary;
(v) reading and interpreting records and abatement drawings;
(vi) discussion of change orders; and
(vii) common enforcement responsibilities and authority of the project monitor;
(8) response actions and abatement practices:
(i) review of asbestos abatement and control
techniques;
(ii) pre-work inspections;
(iii) pre-work considerations including pre-cleaning of the work area, removal
of furniture, fixtures, and equipment;
(iv) shutdown/modification of building systems;
(v) construction and maintenance of containment barriers and proper demarcation
of work areas;
(vi) work area entry/exit and hygiene practices;
(vii) determining the effectiveness of air filtration equipment;
(viii) techniques for minimizing fiber release including wet methods and
continuous cleaning;
(xi) abatement methods other than removal;
(x) abatement area clean-up procedures;
(xi) contingency planning for emergency response; and
(xii) waste transport and disposal techniques;
(9) asbestos abatement equipment:
(i) typical equipment found on an abatement project
including air filtration devices and vacuum systems;
(ii) negative pressure differential monitoring including HEPA filtration,
theory of filtration, design/construction of HEPA filtration units, qualitative
and quantitative performance of HEPA filtration units, sizing the ventilation
requirements, location of HEPA filtration units and qualitative and
quantitative tests of containment barrier integrity, and
(iii) best available technology;
(10) air monitoring strategies:
(i) sampling equipment including sampling pumps (low
v. high volume), flow regulating devices (critical and limiting orifices) and
use of fibrous aerosol monitors on abatement projects;
(ii) sampling media including types of filters, types of cassettes, filter
orientation and storage and shipment of filters;
(iii) calibration techniques such as primary calibration standards, secondary
calibration standards, temperature/pressure effects, frequency of calibration, recordkeeping, field work documentation and calculations;
(iv) air sample analysis, techniques available and limitations on their use
including transmission electron microscopy (background to sample preparation
and analysis, air sample conditions which prohibit analysis, recommended
technique for analysis of final air clearance samples), phase contrast
microscopy (background to sample preparation, and limits on the use of phase
contract microscopy) and what each technique measures;
(v) analytical methodologies. (See AHERA Transmission Electron Microscopy (TEM)
protocol (40 CFR Part 763, Appendix A to Subpart E), National Institute of
Occupational Safety and Health (NIOSH) 7400, OSHA reference method (non
clearance) and EPA recommendation for clearance (TEM));
(vi) sampling strategies for clearance monitoring including types of air
samples (personal breathing zone v. fixed-station area), sampling location and
objectives (pre-abatement, during abatement, and clearance monitoring), number
of samples to be collected, minimum and maximum air volumes, clearance
monitoring (post-visual inspection), (number of samples required, selection of
sampling locations, period of sampling, aggressive sampling, interpretations of
sampling results, calculations) and quality assurance; and
(vii) special sampling problems such as crawl spaces, acceptable samples for
laboratory analysis and sampling in occupied buildings (barrier monitoring);
(11) safety and health issues other than asbestos:
(i) electrical hazards and placement of electrical
cords to reduce tripping hazards;
(ii) heat stress;
(iii) air contaminants other than asbestos:
(iv) fire and explosion hazards;
(v) gasoline engines;
(vi) scaffold and ladder hazards and proper use to minimize hazards;
(vii) slips, trips and falls;
(viii) confined spaces, exit and entry procedures (see OSHA Permit Required
Confined Spaces, 29 CFR 1910.146);
(ix) noise;
(x) emergency procedures to follow in the event of fire and medical emergencies
and failure of containment barriers; and
(xi) hazardous materials on abatement projects;
(12) conducting visual inspections:
(i) inspections during abatement and visual
inspections (see American Society for Testing and Materials (AMTM) E1368
document (Standard Practice for Visual Inspection of Asbestos Projects);
(ii) conducting inspections for completeness of removal; and
(iii) discussion of "how clean is clean";
(13) legal responsibilities and liabilities of project monitors:
(i) specification enforcement capabilities;
(ii) regulatory enforcement;
(iii) licensing; and
(iv) powers delegated to project monitors through contract documents;
(14) recordkeeping and report writing:
(i) developing project logs/daily logs (what should
be included, who sees them);
(ii) final report preparation; and
(iii) recordkeeping;
(15) workshops:
(i) contracts, specifications and drawings. This
workshop shall consist of each participant being issued a set of contracts,
specifications, and drawings and then being asked to answer a series of
questions and make recommendations to a project architect, engineer or to the
building owner based on given conditions and these documents;
(ii) air monitoring strategies/asbestos abatement equipment. This workshop
shall consist of simulated abatement sites for which sampling strategies would
have to be developed (i.e. occupied buildings, industrial situations). Through
demonstrations and exhibitions the project monitor student will be able to gain
a better understanding of the function of various pieces of equipment used on
abatement projects (air filtration units, water filtration units, negative
pressure monitoring devices, sampling pumps, calibration devices, etc.);
(iii) conducting visual inspections. This workshop shall consist of a simulated
asbestos abatement work area which is intentionally constructed to contain a
minimum of five violations of State and Federal requirements (see especially
Title 12 NYCRR Part 56 and OSHA Asbestos Construction Standards, 29 CFR
1926.1101). Each participant will inspect the work area and be asked to
identify and document the work area violations and make recommendations to
correct the violations. For the purpose of conducting a final visual
inspection, non-asbestos debris shall be strategically placed in the work area
and each participant will be asked to locate and document the exact locations
of the debris. At the conclusion of the workshop a series of questions will be
asked which are designed to stimulate the participant's recall of the area.
Effective Date: 11/05/97
Title: Section 73.6 - Topics and requirements for annual refresher
asbestos safety training programs
73.6 Topics and requirements for annual refresher asbestos safety training
programs. The refresher safety training programs shall be specific to each
discipline. Refresher programs shall be conducted as separate and distinct
programs and not combined with any other training during the period of the
refresher program. Upon successful completion of the annual refresher program
the student shall have his/her accreditation extended for an additional year
from the date of completion of the refresher program.
(a) All sections of this Part relative to requirements for training providfers, instructor credentials and application
procedures are also applicable to annual refresher training programs.
(b) The annual refresher training program for inspectors shall include the
following topics:
(1) review and update of State, Federal and local regulations;
(2) review of key aspects of the inspector function;
(3) case studies to highlight important considerations; and
(4) developments in state-of-the-art work practices and safety procedures.
(c) The annual refresher training program for allied trades shall include the
following topics:
(1) review and update of State, Federal and local regulations;
(2) developments in state-of-the-art work practices and safety procedures;
(3) case studies to highlight important work safety concepts; and
(4) review and update of key aspects of allied trades functions.
(d) The annual refresher training program for asbestos project air sampling
technician shall include the following topics:
(1) review and update of State, Federal and local regulations;
(2) review and update of key aspects of functions performed by asbestos project
air sampling technicians;
(3) developments in state-of-the-art work practices and safety procedures; and
(4) case studies to highlight important concepts.
(e) The annual refresher training program for operations and maintenance
workers shall include the following topics:
(1) review and update of State, Federal and local regulations;
(2) review of key aspects of functions performed and developments in
state-of-the-art work practices and safety procedures; and
(3) review of recognition of damaged asbestos material and proper methods of
handling asbestos material.
(f) The annual refresher training program for management planner shall include
the inspector refresher training program as described in subdivision (b) of
this section and will include at a minimum the following additional topics:
(1) review and update of key functions performed;
(2) review and update of relevant State, Federal and local regulations;
(3) developments in state-of-the-art work practices and safety procedures; and
(4) case studies to highlight important concepts.
(g) The annual refresher training program for project designer shall include
the following topics:
(1) review and update of State, Federal and local regulations;
(2) review and update of key aspects of functions performed and developments in
state-of-the-art work practices and safety procedures; and
(3) case studies to highlight important concepts.
(h) The annual refresher training program for asbestos handler shall include
the following topics:
(1) review and update of State, Federal and local regulations;
(2) review and update of key aspects of functions performed and developments of
state-of-the-art work practices and safety procedures; and
(3) case studies to highlight safety concepts.
(i) The annual refresher training program for
contractor/supervisor shall include the following topics:
(1) review and update of State, Federal and local regulations;
(2) review and update of key aspects of functions performed including, but not
limited to, developments in state-of-the-art work practices and safety
procedures, work area inspection procedures and recordkeeping
required by State and Federal regulations; and
(3) case studies to highlight important concepts.
(j) The annual refresher training program for project monitor shall include the
following topics:
(1) review and update of State, Federal and local regulations;
(2) review and update of key aspects of functions performed including, but not
limited to, developments in state-of-the-art work practices and safety
procedures, work area inspection procedures, air sampling strategies, and recordkeeping; and
(3) case studies to highlight important concepts.
Effective Date: 11/05/1997
Title: Section 73.7 - Required examination
73.7 Required examination.
(a) Each individual who has attended an approved asbestos safety training
program must pass a written multiple choice examination appropriate for the
program, which includes topics from all aspects of the training.
(b) The examination will be one provided by the Department of Health, or if one
is not provided by the Department of Health, one approved by the Department of
Health as part of the program provider's application.
(c) Closed book written examinations shall be administered at the completion of
each initial and refresher training program by the training provider. The
training provider will insure that the integrity of the examination process is
not compromised by actions of the trainee. The Department of Health may require
the training provider to grade the examinations, record the grades and submit a
copy of the examination, including the answer sheet, and a list of those who
successfully completed each training program to the Department of Health.
(d) The written examination required for the asbestos handler training program
shall cover the topics listed under section 73.5 (a) and (b) of this Part. The
examination shall include at least 50 questions. A minimum score of 70 percent
is required to pass the examination.
(e) The written examination required for the operations and maintenance
training program shall cover the topics listed under section 73.5 (a) and (c)
of this Part. The examination shall include at least 25 questions. A minimum
score of 70 percent is required to pass the examination.
(f) The written examination required for the allied trades training program
shall cover the topics listed under section 73.5 (a) and (d) of this Part. The
examination shall include at least 50 quyestions. A
minimum score of 70 percent is required to pass the examination.
(g) The written examination required for the asbestos project air sampling
technician training program shall cover the topics listed under section 73.5
(a) and (e) of this Part. The examination shall include at least 50 questions.
A minimum score of 70 percent is required to pass the examination.
(h) The written examination required for the inspector training program shall
cover the topics listed under section 73.5 (a) and (f) of this Part. The
examination shall include at least 50 questions. A minimum score of 70 percent
is required to pass the examination.
(i) The written examination required for the
management planner training program shall cover the topics listed under section
73.5 (g) of this Part. The examination shall include at least 50 questions. A
minimum score of 70 percent is required to pass the examination.
(j) The written examination required for the abatement project designer
training program shall cover the topics listed under section 73.5 (a) and (h)
of this Part. The examination shall include at least 100 questions. A minimum
score of 70 percent is required to pass the examination.
(k) The written examination required for the asbestos abatement contractors and
supervisors training program shall cover the topics listed under section 73.5
(a) and (i) of this Part. The examination shall
include at least 100 questions. A minimum score of 70 percent is required to
pass the examination.
(l) The written examination required for the asbestos project monitor training
program shall cover the topics listed under section 73.5 (a) and (j) of this
Part. The examination shall include at least 100 questions. A minimum score of
70 percent is required to pass the examination.
(m) The examinations for all refresher training programs must include a minimum
of 25 questions. A minimum score of 72 percent is required to pass the
examination. Examination questions must be specific to the topic areas required
for the discipline under section 73.6 of this Part.
(n) Notwithstanding anything to the contrary contained in this section, an oral
examination may be administered instead of a written examination if an
individual demonstrates that he/she is unable to read or write and provided
such skills are not required to perform the functions of the discipline for
which the individual is being tested. The individual administering the
examination shall record the answers of the individual taking the examination
on an answer sheet.
Effective Date: 11/05/97
Title: Section 73.8 - Accreditation of asbestos safety training
providers
73.8 Accreditation of asbestos safety training providers.
(a) Provision accreditation. The department shall grant provisional
accreditation of a provider's asbestos safety training program only after a
full review of the application. If a program is not granted provisional
accreditation, the reasons for disapproval will be sent in writing to the
program provider. Training providers will be notified in writing if a
particular program has been granted provisional accreditation. The letter will
identify the specific program accredited and the effective approval date of the
provisional accreditation. Provisional accreditation will continue until full
accreditation is granted as described in subdivision (b) of this section, or
until provisional accreditation is terminated in accordance with subdivision
(a) of section 73.9 of this Part.
(b) Full accreditation shall be granted after the Department of Health has
observed and evaluated a provisionally accredited asbestos safety program in
progress and has determined that the program meets the requirements of these
regulations. A training provider will be notified in writing of a program's
full accreditation status. If the program is not granted full accreditation,
the reasons for disapproval will be sent in writing to the training provider.
(c) Upon receipt of accreditation, whether provisional or full, the training
provider shall maintain documentation of each program offered as required by
this Part.
(d) All records pertaining to the asbestos safety program shall be available to
the Department of Health or the Department of Labor upon request.
(e) Programs with full accreditation shall be monitored periodically by the
department to ensure continuing compliance with this Part.
(f) Provisional and/or full accreditation is not transferable upon sale or
transfer of a training program; however, if an asbestos safety training
provider transfers all of the asbestos safety training programs which the
training provider is authorized to conduct pursuant to this Part, the
provisional and/or full accreditation of such programs may be transferred, upon
the prior approval of the department.
Effective Date: 11/05/97
Title: Section 73.9 - Revocation, suspension and modification of
accredited training programs
73.9 Revocation, suspension and modification of accredited training programs.
(a) Provisional Accreditation. The department may immediately terminate
Provisional Accreditation if the department finds any of the following:
(1) submission of false information;
(2) providing program completion certificates to individuals who did not
complete any or all of the required training;
(3) failure to present the required topics set forth in these regulations in a
manner such that students would be able to comprehend the required subject
matter;
(4) failure to submit required information or notifications in a timely manner;
(5) failure to allow a representative of the Department of Health or the
Department of Labor to audit any phase of the program, whenever requested;
(6) failure to allow the Department of Health or Department of L