N.Y. Comp. Codes R. & Regs. tit. 10 § 73.1

Current through Register Vol. 46, No. 45, November 2, 2024

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 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 incidently disturb asbestos during the course of an asbestos project.

(o) Asbestos project air sampling technician. Any person performing air sampling as required by 12 NYCRR section 56-17.4

(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.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 73.1