N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-3.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 56-3.2 - Certification requirements and procedures

(a) Certification and training required. No asbestos contractor shall engage in or permit a person employed by the asbestos contractor to engage in or supervise work on an asbestos project unless each such person has a valid asbestos handling certificate issued by the commissioner appropriate to the work performed by such person on an asbestos project as defined in this Part. Training for all types asbestos handling certificates shall meet all requirements established by the New York State Department of Health.

(b) Employee certification. Any person employed by an asbestos contractor on an asbestos project shall have an appropriate asbestos handling certificate or a copy thereof in his or her possession at all times during his or her work on the project. No asbestos contractor shall compel the holder of any asbestos handling certificate to surrender the original certificate. The only exception to the requirement of certification is if the employee has proof that he or she has had the appropriate initial training within the past 45 days, and is awaiting the asbestos handling certificate. A student copy of the Asbestos Safety Training Certificate (DOH 2832) indicating successful completion of an approved asbestos safety training program is the only acceptable proof of appropriate training. The employee must also have a photo identification card issued by an authorized government entity.

(c) Display of certificate. A copy of a valid asbestos handling certificate, or a current student copy of the New York State Department of Health Certificate of Asbestos Safety Training Form (DOH 2832) indicating successful completion of an approved initial asbestos safety training program within the past 45 days along with a copy of a photo identification, shall be conspicuously displayed near but outside the regulated abatement work area on an asbestos project.

(d) Types of certificates. The following categories of asbestos handling certification shall be issued pursuant to this Subpart:

(1)

A. Asbestos handler (worker) certificate. Any person who removes, encapsulates, encloses, repairs or disturbs friable or non-friable asbestos, or who handles asbestos material in any manner which may result in the release of asbestos fiber, and whose duties are not otherwise described in paragraphs (2) through (9) of this subdivision shall possess a valid asbestos handler (worker) certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in subdivisions (b) and (c) of this section. A person who possesses an asbestos handler (worker) certificate shall be responsible for the proper execution of his or her trade as it relates to an asbestos project.

(2)

B. Restricted asbestos handler certificate (allied trades certificate). Any person performing any limited or special tasks in preparation for or ancillary to an asbestos project, such as a carpenter, electrician, plumber or similar occupation, or any other person who may potentially disturb friable or non-friable asbestos during the course of any employment (other than OSHA Class IV asbestos work), shall possess a valid restricted asbestos handler (allied trades) certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in subdivisions (b) and (c) of this section. This person shall be aware of the health hazards of asbestos and take appropriate precautions to avoid any ACM, PACM or asbestos material disturbance throughout the course of their work. Abatement of any quantity of ACM, PACM or asbestos material is not allowed by this person under any circumstance. A person who possesses a restricted asbestos handler certificate shall be responsible for the proper execution of his or her trade as it relates to an asbestos project.

(3)

C. Asbestos project air sampling technician certificate. Any person who performs project air sampling shall possess a valid asbestos project air sampling technician certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in subdivisions (b) and (c) of this section. A person who possesses an air sampling technician certificate shall be responsible for the proper execution of his or her duties as they relate to an asbestos project.

(4)

D. Inspector certificate. Any person who performs the limited tasks involved in the asbestos survey, identification and assessment of the condition of asbestos and asbestos material and the recording and reporting thereof, or who is involved in the collection of bulk samples of asbestos material or suspected asbestos material for laboratory analysis shall possess a valid inspector certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in subdivisions (b) and (c) of this section. A person who possesses an inspector certificate shall be responsible for the proper execution of his duties as they relate to an asbestos project.

(5)

E. Operation and maintenance certificate. Any person who performs operations, maintenance and repair activities which may disturb minor quantities of ACM, PACM or asbestos material shall possess a valid operation and maintenance certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in subdivisions (b) and (c) of this section. Operation and maintenance certification permits the holder to perform OSHA Class III asbestos work only on minor asbestos projects. These minor asbestos projects must be associated with repairs required in the performance of emergency or routine maintenance activity, and is not intended solely as asbestos abatement. Such work may not exceed minor quantities of ACM to be disturbed within a single glovebag or a single negative pressure tent enclosure. A person who possesses an operation and maintenance certificate shall be responsible for the proper execution of his duties as they relate to an asbestos project.

(6)

F. Supervisor certificate. Any person who performs supervision of persons (other than authorized visitors) permitted to enter the restricted area and regulated abatement work area, shall possess a valid supervisor certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in subdivisions (b) and (c) of this section. A person who possesses a supervisor certificate shall be responsible for the proper execution of his duties as they relate to an asbestos project. The supervisor is also responsible for performing the duties of the OSHA competent person for the asbestos project, consistent with current OSHA regulations.

(7)

G. Project designer certificate. Any person who plans the scope, timing, phasing and remediation methods to be utilized on any asbestos project shall possess a valid project designer certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in subdivisions (b) and (c) of this section. A person who possesses a project designer certificate shall be responsible for the proper execution of his duties as they relate to an asbestos project.

(8)

H. Project monitor certificate. Any person other than the asbestos abatement contractor's supervisor, who oversees the scope, timing, phasing and/or remediation methods to be utilized on and the completeness of any asbestos project shall possess a valid project monitor certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in subdivisions (b) and (c) of this section. A person who possesses a project monitor certificate shall be responsible for the proper execution of his duties as they relate to an asbestos project.

(9)

I. Management planner certificate. Any person who assesses the hazard posed by the presence of asbestos or asbestos containing material and/or who recommends appropriate response actions and a schedule for such response actions shall possess a valid management planner certificate and shall have such certificate or a copy thereof in his or her possession at all times while working on the project, except as otherwise indicated in subdivisions (b) and (c) of this section. A person who possesses a management planner certificate shall be responsible for the proper execution of his duties as they relate to an asbestos project.

(e) Proof of course completion. No certificate described in subdivision (d) of this section shall be issued without submission, by the applicant, of proof satisfactory to the commissioner of successful completion of an approved asbestos safety program.

(f) Age requirement. Any type of asbestos handling certificate shall not be issued to any person prior to his or her 18th birthday.

(g) Application for certification and renewal. All applications for any type of asbestos handling certificates and renewals shall be submitted as follows:

(1) Completed applications for any type of asbestos handling certificate or renewal shall be sent to the address specified in the application package, accompanied by a nonrefundable application or renewal application fee in the amount set forth in section 903 of the Labor Law. The fee shall be paid in any form, except cash, deemed acceptable by the Commissioner of Labor in the application package. All payments shall be made payable to the Commissioner of Labor. Any payments which are voided or returned to the commissioner for any reason shall be subject to a return processing fee of the amount allowed by law and any entity submitting such checks to the department may be subject to all other appropriate penalties set forth in statute and code, including but not limited to the immediate suspension or revocation of any certificate granted on the basis of such payment.

(2) All applications for any type of asbestos handling certificates shall be submitted in writing on forms furnished by the commissioner. Copies of such forms may be obtained from the New York State Department of Labor, Division of Safety and Health, License and Certificate Unit.

(3) Completion of such forms requires inclusion of all information deemed appropriate by the commissioner.

(4) Each application for any type of asbestos handling certificate shall contain a verified statement by the applicant that he or she shall abide by all rules and regulations promulgated by either the Commissioner of Labor or Health pursuant to article 30 of the Labor Law.

(5) The commissioner shall notify asbestos handling certificate applicants in writing no later than 30 days from the receipt of the asbestos handling certificate application of the issuance or denial of the asbestos handling certificate or of the need for further information from the applicant in order to process the asbestos handling certificate application. Notification of denial of an asbestos handling certificate on any grounds other than failure to complete the asbestos handling certificate application shall set forth the grounds for such denial.

(6) An applicant denied any type of asbestos handling certificate on any grounds other than failure to complete an asbestos handling certificate application, may request a hearing before the commissioner or his or her designee by submitting a written request for such hearing within 10 days of receipt of denial.

(7) All types of asbestos handling certificates shall be valid for a period of up to one year from date of issuance. The expiration date shall be the last day of birth month of the individual applying.

(8) Approximately two months prior to the expiration of any type of asbestos handling certificate, the commissioner shall contact the asbestos handling certificate holder and inform him or her of the need to renew the asbestos handling certificate. The commissioner shall also furnish a renewal application to the asbestos handling certificate holder. The renewal application may request the asbestos handling certificate holder to inform the commissioner of any changes in information previously provided to the Division of Safety and Health's License and Certification Unit and any other information deemed by the commissioner to be relevant.

(9) The commissioner shall notify an asbestos handling certificate renewal applicant in writing of the issuance or denial of the asbestos handling certificate renewal or of the need for further information from the applicant in order to process the renewal application. Notification of denial of an asbestos handling certificate renewal on any grounds other than failure to complete the renewal application shall set forth the grounds for such denial.

(10) An applicant denied renewal of any type of asbestos handling certificate on any grounds other than failure to complete an asbestos handling certificate renewal application, may request a hearing before the commissioner or his or her designee by submitting a written request for such hearing within 10 days of receipt of denial.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-3.2