N.Y. Comp. Codes R. & Regs. tit. 10 § 73.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 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; and

(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 nondisposable 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; and

(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 student 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 CFR 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 a 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 [1]; 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; and

(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 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;

(viii) use of glovebags to remove non-asbestos insulation from a horizontal pipe, vertical pipe and elbow;

(ix) emergency procedures for sudden releases;

(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; and

(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; and

(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 hours of hands-on exercises are required. This program shall include, but not be 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; and

(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; and

(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 [1], 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 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; and

(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 surfactants;

(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; and

(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; and

(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; and

(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 medial 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 training days. Five 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; and

(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; and

(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; and

(xi) purpose of exit and entry log; and

(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; and

(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 Abate 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 planner;

(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 nonfriable 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 surfacing materials (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 [1]; 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 non-public schools or commercial or public buildings;

(13) walk-through survey workshop that includes:

(i) visual inspection procedures for inspecting 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 assessment; 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 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; and

(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 is 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; and

(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; and

(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; and

(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; and

(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; and

(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; and

(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; and

(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]); and

(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; and

(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 be presented through lectures, demonstrations and a field trip. 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; and

(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; and

(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, scaffold 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 rational 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 considerations;

(ii) bonding;

(iii) hold-harmless clauses;

(iv) use of abatement contractor's liability insurance; and

(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 multi-disciplinary team approach to abatement design;

(17) occupied buildings:

(i) special design procedures required in occupied buildings;

(ii) education of occupants;

(iii) extra monitoring recommendations;

(iv) staging work to minimize occupant exposure; and

(v) scheduling of renovation to minimize exposure;

(18) relevant Federal, State, and local requirements, procedures and standards, (see the requirements of TSCA Title II: article 30 of the NYS Labor Law; 12 NYCRR Part 56; this Part; National Emission Standards 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 test);

(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 nondisposable clothing;

(ix) requirements pertaining to personal protection 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 v. 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; and

(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; and

(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 [1]; EPA Worker Protection Rule, 40 CFR part 763, subpart G);

(ii) frequency of medical examinations; and

(iii) employees 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; this Part; 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 medial surveillance programs;

(10) insurance and liability issues:

(i) contractor issues;

(ii) worker's compensation coverage and exclusions;

(iii) third-party liabilities and defenses; and

(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; and

(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 subparagraphs (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 v. low pressure, 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 [1]; 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;

(ix) 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 [ASTM] 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.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 73.5