The Environmental Edge Newsletter

Code Rule Make Over

The long awaited revised NYS DOL regulations were officially published in the State Register on January 11, 2005. The changes promise to have a drastic effect on the asbestos abatement industry across the State, particularly for construction managers and consultants.

NYS DOL began the revision process several years ago, with Christopher Alonge, DOL Engineering Services Bureau, taking on the task of sheparding the proposed rule through the regulatory process. Mr. Alonge, a frequent PACNY annual conference speaker, commented that the new code rule has been updated to keep asbestos practices consistent with the Federal standards and that the new code will incorporate all the existing Applicable Variances although the procedures for obtaining site specific variances will remain the same.

Other specific changes include requirements that building owners contracting abatement obtain air monitoring services independent of the abatement contractor and that the air sampling technician remain on site for the duration of daily abatement activities. A project monitor, also hired by the owner, must conduct a post-abatement work site inspection.

The new rule also emphasizes responsibility for Code 56 compliance on the general contractor or construction manager. This promises to introduce a new element of enforcement responsibility to the abatement industry. In the past, general contractors have been able to avoid being drawn into many of the enforcement actions that have afflicted the abatement industry in New York. This may no longer be the case:

“This should come as big surprise to most building owners”, says PACNY Board Member Kevin Canaan. “These revisions really emphasize the responsibility that a building owner has to make sure that the work is done properly” Canaan said, noting that a few owners and construction managers have already adopted similar practices to protect themselves from liability.

NYS DOL has committed to produce a guidance document on the Code that could be updated as necessary. Anthony Germano, Director, NYS DOL Division of Safety and Health, commented that "the guidance document is a unique tool to facilitate compliance" that serves as " the beginning of the process, not the end" whereby stakeholders can participate in evolution of the guidance document. Mr. Germano indicated that this "living document" would be available on line in the near future. He encouraged asbestos consultants and contractors to present questions and comments to the local field offices as well as his office in Albany.

The regulation is effective immediately, although a complete transition from the existing Code will not occur until September 5, 2006. During transition, affected parties have the option of using either Code, although the DOL has suggested a preference for the revised version.

Code Rule 56 revisions will be a major theme of the Spring 2006 PACNY Conference at Turning Stone Casino. Additional detail on the Code is available on the NYSDOL website, or through your local NYSDOH accredited asbestos training provider. NYSDOL will be sending every organization holding a NYS Asbestos Handling License a paper copy of the revised rules.