N.Y. Comp. Codes R. & Regs. tit. 10 § 73.10

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

Section 73.10 - Equivalence of prior training

(a) A person who has successfully completed one or more of the following may submit training and/or academic information to the Department of Health for a determination of training equivalency:

(1) an Environmental Protection Agency approved asbestos safety training program given in New York State prior to September 3, 1987 for asbestos handler, March 10, 1989 for inspector, and December 19, 1990 for other AHERA disciplines, provided the individual has maintained the certification through annual refresher training; or

(2) an approved asbestos safety training program accredited in a state which has an accreditation program that prior to April 4, 1994, met or exceeding the requirements of the Asbestos Hazard Emergency Response Act or, on or after April 4, 1994, met or exceeded the requirements of the Asbestos School Hazard Abatement Reauthorization Act model accreditation plan and which has the administrative capability to audit the training program, provided the individual has maintained all appropriate refresher training; or

(3) academic course work in environmental science, industrial hygiene, analytical chemistry or a closely related field. This shall not include any course work completed as part of an asbestos safety training program; or

(4) a combination of paragraphs (1), (2) and/or (3) of this section and/or a Department of Health approved asbestos safety training program and/or part of one or more Department of Health approved asbestos safety training programs. An individual may apply for a determination that the course and/or training program was substantially equivalent to an approved asbestos safety training program pursuant to this Part. Applications may be made to the department and at least the following information shall be submitted:

(i) date and location of the course or program attended;

(ii) name and address of the course or program provider;

(iii) a schedule or outline of the course or program indicating the subject matter that was presented and the amount of time devoted to each subject; and

(iv) a written indication by the course provider or program provider that the individual had satisfactorily completed all requirements of the course or program.

(b) The Department of Health shall determine whether the course and/or program substantially meets the criteria specified in sections 73.5 and/or 73.6 of this Part and may determine that the course and/or program is either:

(1) not equivalent to an approved program; or

(2) substantially equivalent.

The department may communicate directly with the course and/or program provider concerning any aspect of the applicant's prior training.

(c) A person who has successfully completed an asbestos safety training program for inspector and was certified as required by the New York City Department of Environmental Protection on or before September 1, 1989 is considered to have met training requirements equivalent to the training requirements for inspector contained in this Part.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 73.10