Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-63-2 - Definitions2.1. AIHA. -- American Industrial Hygiene Association.2.2. Asbestos. -- The asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, and actinolite.2.3. Asbestos Abatement. -- Procedures to control fiber release from asbestos-containing materials.2.4. Asbestos Abatement Project . -- An activity involving the repair, removal, enclosure, or encapsulation of asbestos-containing material: Provided, That the removal of less than three (3) square feet or three (3) linear feet of asbestos-containing materials required in the performance of a maintenance activity not intended solely as asbestos abatement is not considered to be an asbestos abatement project.2.5. Asbestos Abatement Project Designer (or Asbestos Project Designer). -- A person who specifies engineering methods and work practices to be used during asbestos abatement projects.2.6. Asbestos Abatement Supervisor (or Asbestos Supervisor). -- A person responsible for the direction of asbestos abatement projects.2.7. Asbestos Analytical Laboratory. -- A facility, company, or place at which asbestos bulk samples or asbestos air samples are analyzed.2.8. Asbestos Clearance Air Monitor. -- A person who performs air monitoring to confirm clearance levels to establish that an area is safe for reoccupancy after an asbestos abatement project.2.9. Asbestos-Containing Material. -- Any material or product which contains more than one (1) percent asbestos by weight. 2.10. Asbestos Contractor. -- A person who enters into a contract for an asbestos abatement project.2.11. Asbestos Inspector. -- A person employed to inspect for the presence of asbestos-containing materials, evaluate the condition of the materials and collect samples for asbestos content confirmation.2.12. Asbestos Management Planner. -- A person employed to interpret survey results, assess hazards, evaluate and select control options or develop an operation and maintenance plan.2.13. Asbestos Worker. -- A person who works on an asbestos abatement project.2.14. Building or Other Man-Made Structure. -- A building or a part of a building, or a group of buildings on the same premises, or any other type of man-made construction, such as a pipe line, barn, shed, trailer, or any appurtenance to a building or other man-made structure.2.15. Bulk Sample. -- A sample of any material, other than air samples, collected from an existing structure or appurtenance for the purpose of analysis to ascertain whether such material contains asbestos.2.16. Clearance Air Monitoring. -- Air monitoring performed after the completion of any asbestos abatement project and prior to the reoccupation of the contained work area by the public and conducted for the purpose of protecting the public from health hazards associated with exposure to asbestos fibers.2.17. Contained Work Area. -- Designated rooms, spaces, or other areas where asbestos abatement activities are being performed, including decontamination structures.2.18. Director. -- The director of the division of health of the department of health and human resources or his or her designee.2.19. Division. -- The division[2] of health of the department of health and human resources.2.20. Encapsulate. -- The application of any material onto any asbestos-containing material to bridge or penetrate the material to prevent fiber release.2.21. Enclosure. -- The permanent confinement of friable asbestos-containing materials with an airtight barrier in an area not used or designed as an air plenum.2.22. EPA. -- The United States Environmental Protection Agency.2.23. Friable. -- Material which is capable of being crumbled, pulverized, or reduced to powder by hand pressure or which under normal use or maintenance emits or can be expected to emit asbestos fibers into the air, including material normally considered non-friable, which has been or may be rendered friable by the forces acting on the material in the course of demolition or renovation operations.2.24. HEPA (high efficiency particulate air) Filtering System. -- A filtering system capable of trapping and retaining at least ninety-nine and ninety-seven one hundredths percent (99.97%) of all monodispersed particles three tenths (0.3) micrometers in diameter or larger.2.25. NVLAP. -- National Voluntary Laboratory Accreditation Program.2.26. OSHA. -- The United States Department of Labor Occupational Safety and Health Administration.2.27. PCM (phase contrast microscopy). -- A technique used for counting fibers in air samples which does not distinguish fiber types.2.28. PLM (polarized light microscopy). -- A technique used to identify, quantify, and report asbestos content in bulk samples.2.29. Person. -- A corporation, partnership, sole proprietorship, firm, enterprise, franchise, association or any individual or entity.2.30. Reoccupancy. -- Reoccupancy by individuals of a room, space, or other area in which an asbestos abatement project has been completed.2.31. Repair. -- Returning damaged asbestos-containing material to an undamaged condition so as to prevent asbestos fiber release.2.32. Resilient Floor Covering. -- Floor tile, sheet vinyl, and associated adhesives which contain more than one (1) percent asbestos by weight.2.33. Resilient Floor Covering Worker. -- A person who is employed to remove resilient floor covering in single-family dwellings.2.34. School. -- Any building or man-made structure used for grades kindergarten through twelve (12).2.35. TEM (transmission electron microscopy). -- A technique which may be used for identifying asbestos structures or fibers in samples. [1] The Department of Health and Human Resources (DHHR) was created by the Legislature's reorganization of the executive branch of State government in 1989, and the Department of Health was renamed the Division of Health and made a part of the DHHR (W. Va. Code '5F-1-1et seq.). Administratively within the DHHR the Bureau for Public Health through its Commissioner carries out the public health function of the Division of Health.