Part 73 - Asbestos Safety Training Program Requirements

Effective Date: 
Wednesday, November 5, 1997
Doc Status: 
Complete
Statutory Authority: 
Labor Law, Section 905

Section 73.1 - Definitions

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 the 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 incidentally disturb asbestos during the course of an asbestos project.

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

(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.

Effective Date: 
Wednesday, November 5, 1997
Doc Status: 
Complete

Section 73.2 - Administrative requirements and practices for asbestos safety training providers

73.2 Administrative requirements and practices for asbestos safety training providers . The following administrative requirements and their application in the training program must be met and maintained by all asbestos safety training providers. Plans and procedures for meeting these requirements must be part of any application submitted by a training provider for accreditation of an asbestos safety training program.

(a) Training Director - Each asbestos safety training provider must have designated at all times a Training Director who is approved by the department. The name and credentials of the Training Director shall be submitted for department review with each application for accreditation of an asbestos safety training program and whenever a new Training Director is designated. The Training Director shall have experience in designing, implementing and evaluating either employee educational programs in asbestos safety or vocational educational programs related to asbestos. The Training Director shall be directly involved in the program.

(1) Duties. The Training Director will be responsible for ensuring that the training program complies at all times with all of the requirements of this Part and the procedures for meeting said requirements submitted as part of the application for accreditation and shall be directly involved in the asbestos safety training program. Such duties shall include, but not be limited to:

(i) development and/or revision of asbestos safety training program;

(ii) review of instructor qualifications and determination of foreign language fluency of proposed instructors for training programs conducted in languages other than English;

(iii) development and/or revision of final examination;

(iv) monitoring the performance of instructors;

(v) monitoring the quantity and quality of all asbestos safety training provided;

(vi) maintenance of training records; and

(vii) all other functions of training directors as described in this Part.

(b) All instructors for approved programs must meet the minimum qualifications as described in Section 73.4 of this Part. Only instructors approved by the department may be used to give instruction in a program accredited by the Commissioner of Health.

(c) The training provider shall ensure that all facilities and equipment necessary to conduct programs are adequate for and appropriate to the delivery of such programs and shall certify the adequacy of the facilities and equipment in the initial application for accreditation and with every requested change in facility and equipment. Equipment shall be available in sufficient quantity to accommodate students' needs and shall be maintained in proper working order. Training equipment that reflects current work practices must be provided.

(d) The training provider shall use, but is not limited to using, any materials, information or audio-visual aids which are required by the Department of Health (DOH). Materials, information or audio-visual aids not required, but which are to be used by the training provider, must first be approved by the Department of Health.

(e) The training provider will put in place a quality assurance program that will:

(1) ensure that training is updated to include new information and practices;

(2) include a general evaluation of the program by the students. The general evaluation shall be formatted to allow the students to evaluate each instructor with regard to effectiveness of presentation and knowledge of topic area. Copies of the general evaluation of the program shall be maintained as part of the program file;

(3) assess student program evaluations and implement actions to address legitimate deficiencies noted by students;

(4) ensure the validity and integrity of the program test;

(5) evaluate and ensure the continued adequacy of facilities and equipment; and

(6) provide for evaluation of instructors by the training director to determine the effectiveness of presentation and knowledge of topic area.

(f) The training provider shall send a minimum of one delegate to any meeting as required by the Department of Health.

(g) The training provider shall administer an examination, specific for each accredited training program, which is provided by or approved by the Department of Health and as described in section 73.7 of this Part.

(h) The Training Director or other representative of the training provider with supervisory authority over the training program shall inform the Department of Health in writing two weeks in advance of any asbestos safety training program to be conducted by the training provider and shall permit a representative(s) from the Department of Health or the Department of Labor to attend, without charge. The representative(s) will observe the program to insure compliance with this Part. Training notification received with less than two weeks notice but at least 72 hours notice from the proposed date of training must be accompanied by a roster of students scheduled to attend. The department will not recognize any program presented with less than 72 hours advance notice unless the program is being presented in response to an environmental emergency. Cancellation of any scheduled program must be communicated to the department by telephone or by fax no later than 10:00 a.m. of the first day on which the training program was to be held. (i) The training provider must notify the department in writing of any changes in any aspect of an approved training program prior to implementing such change. Changes may not be implemented unless they are in accordance with the requirements of this Part and have been approved by the department. Changes include, but are not limited to, changes in Training Director, instructor(s), program topics, teaching methods, language in which the program is given, training date, location of scheduled training, or any other aspect of the training program as described in this Part.

(j) If any revision in State or Federal asbestos safety training regulations occur, or any other revisions (changes) occur which necessitate a change in an approved asbestos safety training program, the Department of Health will notify the approved training providers. Approved training providers must incorporate the changes into the next scheduled training program unless otherwise specified by the Department of Health.

(k) The training provider shall present an asbestos safety training program only in the language specified in the application submitted to the Department of Health for accreditation. The use of interpreters in the presentation of the program is not permitted. A training provider must submit a separate application for each language in which the asbestos safety training program will be presented. The application for a language other than English must include all of the elements specified in section 73.3 of this Part and, in addition, include an accurate translation of all training materials into the language in which the training program is to be presented, the equivalent English version if not already approved, a notarized letter from the translator attesting to the accuracy of the translation from English into the foreign language and evidence that all instructors to be used in the program's presentation are fluent in that language.

(l)(1) The training provider shall provide at no charge to each student successfully completing a New York State Department of Health accredited initial or refresher asbestos safety training program, a New York State Department of Health Certificate of Asbestos Safety Training Completion (DOH 2832). The training provider may also provide each such student with a diploma or other letter of training completion in addition to the certificate. Each New York State Department of Health Certificate of Asbestos Safety Training Completion issued must contain specific information that details a unique certificate number, name, address and telephone number of the training provider, the name of accredited person, program discipline, date(s) of the training program, date of the examination, an expiration date of one year after the date upon which the person successfully completed the program and examination and a statement that the person receiving the certificate has completed the requisite training for asbestos accreditation under the Toxic Substance Control Act (TSCA) Title II. Any diploma or letter must clearly state that the official record of successful training completion is the New York State Department of Health Certificate of Asbestos Safety Training Completion. All students completing New York State Department of Health approved initial or refresher asbestos safety training must be informed by the training provider how to obtain New York State Department of Labor asbestos abatement certification. Students shall also be informed of Environmental Protection Agency (EPA) accreditation requirements, including the expiration date of their accreditation and the grace period to complete refresher training. A student receiving a training completion certificate must be informed in writing of any other costs that would be imposed by the training provider if he/she were to request additional copies of his/her training completion certificate. Successful completion of training will be based upon the following criteria:

(i) complete attendance at all sessions of training; and

(ii) successful completion of a final examination.

(2) At the completion of each program offered, the program provider shall deliver to the department the Health Department's copy of each of the New York State Department of Health Certificates of Asbestos Safety Training Completion (DOH 2832) which were distributed to individuals who successfully completed training requirements.

(m) All training programs must be completed within a period of two weeks. Attendees shall not be required to attend more than eight hours of training in any single 24 hour period. Evening sessions shall not exceed a maximum of four hours for any single session. The number of hours of training required for each training program, which must be completed within a two week time period by the individual seeking a New York State Department of Health Certificate of Asbestos Safety Training Completion (DOH 2832), shall be as follows: (1) Initial Asbestos Handler training shall be a minimum of 32 hours, of which 16 hours will be dedicated to hands-on training. This represents 26 contact hours of training, of which 13 contact hours will be specific to hands-on activities.

(2) Asbestos Handler Refresher training shall be a minimum of 8 hours. This represents 6.5 contact hours of training.

(3) Initial Contractor/Supervisor training shall be a minimum of 40 hours, of which 16 hours will be dedicated to hands-on training. This represents 32.50 contact hours, of which 13 contact hours will be specific to hands-on activities.

(4) Contractor/Supervisor Refresher training shall be a minimum of 8 hours. This represents 6.5 contact hours of training.

(5) Initial Operations and Maintenance training shall be a minimum of 16 hours, of which 4 hours will be dedicated to hands-on training. This represents 13 contact hours, of which 4 contact hours will be specific to hands-on activities.

(6) Operations and Maintenance Refresher training shall be a minimum of 4 contact hours of training.

(7) Initial Allied Trades training shall be a minimum of 12 hours, of which 4 hours will be specific to hands-on activities. This represents 10.50 contact hours, of which 4 hours will be specific to hands-on training.

(8) Allied Trades Refresher training shall be a minimum of 4 contact hours of training.

(9) Initial Asbestos Project Sampling Technician training shall be a minimum of 16 hours, of which 5 hours will be specific to hands-on activities. This represents 13 contact hours, of which 5 contact hours will be specific to hands-on activities.

(10) Asbestos Project Air Sampling Technician Refresher training shall be a minimum of 4 contact hours of training.

(11) Initial Inspector training shall be a minimum of 24 hours, of which 4 hours will be specific to hands-on training. This represents 19.50 contact hours, of which 4 contact hours will be specific to hands-on activities.

(12) Inspector refresher training shall be a minimum of 4 contact hours of training.

(13) Initial Management Planner training shall be a minimum of 16 hours. This represents 13 contact hours of training. A trainee must first complete an Inspector training program as defined in Section 73.5(f) of this Part.

(14) Management Planner refresher training shall be a minimum of 8 contact hours of training, which shall include the four hour Inspector refresher training program.

(15) Initial Project Designer training shall be a minimum of 24 hours. This represents 19.50 contact hours of training.

(16) Project Designer refresher training shall be a minimum of 8 hours of training. This represents 6.50 contact hours of training.

(17) Initial Project Monitor training shall be a minimum of 40 hours, of which 6 hours will be specific to hands-on training. This represents 32.50 contact hours, of which 6 contact hours will be specific to hands-on activities.

(18) Project Monitor refresher training shall be a minimum of 8 hours of training. This represents 6.5 contact hours of training.

(n) The classroom and hands-on ratio of students to instructors shall not exceed the following:

(1) Classroom - 25 to 1.

(2) Hands-on - 8 to 1.

(o) A person seeking accreditation in any one of the disciplines cannot attend two or more programs concurrently but may attend such programs sequentially. Trainees must complete all portions of the training to successfully complete the program.

(p) The training provider must verify initial and refresher training credentials submitted by individuals prior to their enrollment into a refresher program. Verification of training credentials to ensure valid accredited training is a prerequisite for admittance into a New York State Department of Health approved refresher training program. Receipt of these credentials and verification that the training credentials meet USEPA or Model Accredited State Plan requirements must occur before the individual is allowed to take the refresher training program. New York State Department of Health approved training providers must respond to requests for such verification when requested by other approved training providers.
 

Effective Date: 
Wednesday, November 5, 1997
Doc Status: 
Complete

Section 73.3 - Application information

73.3 Application information. A training provider seeking accreditation of any initial or refresher asbestos safety training program described in sections 73.5 and 73.6 of this Part shall apply to the Department of Health for each such program. Provisional accreditation shall be determined after a full review of the program application has been completed. If provisional approval is granted, a letter of provisional accreditation shall be sent to the applicant. In the case of disapproval, a letter describing the reasons for disapproval shall be sent to the applicant. Prior to disapproval, the department may request additional information to address inadequacies in the application for accreditation. If a training provider's application is disapproved, the provider may reapply for accreditation at any time. The training provider shall submit the following information to the Department of Health for review at least 45 days prior to the requested approval date:

(a) A completed copy of the appropriate Department of Health application form;

(b) A description of the training facility(ies) including a diagram or blueprint which identifies classrooms with their respective area dimensions, recordkeeping location(s), and equipment storage location(s). If records are to be stored at a location other than the training facility, the address and site specific information on the record storage room must be included;

(c) A detailed outline of the program including the length of training, the amount of time allotted to each topic, a description of the type of teaching method for each topic, and the name(s) of the proposed instructors for each topic. For each proposed instructor include credentials demonstrating previous adult teaching experience, knowledge of the topics he/she will be teaching and/or description of relevant field experience in asbestos abatement;

(d) Copies of instructor lesson plan and transparencies, slides, and audio-visual materials to be used to supplement the program presentation. The training provider must detail in the application for accreditation those interactive/participatory teaching methods to be used and in which topic areas they will be employed;

(e) One copy of the entire student manual along with all other written materials intended to augment the student manual;

(f) A detailed description of the training provider's management and corporate structure including individual names of management personnel and corporate officers. The detailed description must include details of other business affiliations including, but not limited to, affiliations with asbestos abatement firms, environmental sampling and analysis firms and manpower brokerage firms;

(g) Evidence that the proposed Training Director meets the qualifications listed in subdivision 73.2(a) of this Part;

(h) A description of all materials and equipment to be used for hands-on practice exercises and demonstrations. This description shall include, but not be limited to, type and quantity of:

(1) protective clothing;

(2) personal respirators and their respective filters;

(3) high efficiency particulate absolute (HEPA) vacuum filtration equipment;

(4) negative air pressure equipment;

(5) building materials for containment and decontamination unit including, but not limited to, plastic sheeting (6 millimeter in thickness), duct tape, appropriate carpentry tools, ground fault interrupters, water filtration equipment, non-asbestos material, scaffolding and ladders;

(6) asbestos abatement equipment including, but not limited to, glovebags for removing horizontal and vertical pipe insulation and for insulation on pipe elbows, tent structures, smoke test equipment, water spray devices and hand tools;

(7) sampling equipment including, but not limited to, bulk sampling devices, personal air sampling pumps and respective filters, area sampling pumps and respective filters, primary and secondary calibration devices, chain of custody forms and sample containers;

(i) A full description of a quality control program as described in subdivision 73.2(e) of this Part;

(j) A copy of the examination and its respective answer sheet and a detailed statement explaining the methodology used to develop and select the examination questions;

(k) A sample asbestos safety training program evaluation form;

(l) The training provider must submit a detailed recordkeeping procedure which identifies the type of records to be maintained as described below, the address where records will be maintained, the organization in which they will be maintained and what security measures will be implemented to ensure the integrity of the records. The training provider shall maintain all required records for a minimum of three years. Upon request, the training provider must allow a representative of the New York Stare Department of Health or the Department of Labor reasonable access to all required records. If a training provider ceases to conduct training, the training provider shall notify the Department of Health and give it the opportunity to take possession of that provider's asbestos training records. Students receiving training completion certificates must be informed in writing at the time of the program of any costs they would incur if they were to request additional copies of their training completion certificates. (1) Individual training program records must include the following:

(i) list of instructors that taught each program on each date that it was offered and the topic areas they presented;

(ii) the name of the instructor(s) who proctored and/or graded the exam for each program;

(iii) attendance roster for each session of training which must be signed by the student at the beginning and end of each session. The roster must include the times that each student arrived and departed the training session. For those students who miss any portion of the scheduled program, documentation must be included which verifies make-up of that missed portion of the program. Individuals must attend all sessions in order to satisfactorily complete the program; and

(iv) student program evaluations.

(2) Individual student records must include the following for each program attended:

(i) the name of the individual attending the program, his/her social security number or other suitable form of identification, the type of program attended and the dates of attendance;

(ii) completed sponsor copy of the DOH 2832 form;

(iii) a copy of any form letter or diploma that is issued to the student upon completion of the program;

(iv) a graded and dated examination answer sheet for each exam attempt, and with respect to repeat examinations, a narrative explaining any assistance provided to the student prior to the re-test;

(v) signed student program information memorandum specific to the program offered;

(vi) all appropriate documentation demonstrating initial and any refresher training must be included in the student file or referenced in those instances where the training sponsor has provided the initial training and all subsequent refresher training; and

(vii) documentation of valid Inspector accreditation for each individual attending an initial Management Planner training program. This information must be verified at the time of program admission.

(3) Program accreditation file must include the following for each program offered:

(i) a copy of the Department's program accreditation letter (provisional and full) for each specific program and approval letters received from New York City, United States Environmental Protection Agency (USEPA) and other States;

(ii) copies of the application form and all training program materials submitted to the Department as part of the original curriculum submission;

(iii) copies of all revisions to the accredited curriculum and correspondence approving such revisions;

(iv) copies of all instructor' resumes, and the documents approving each instructor issued by the Department, New York City Department of Environmental Protection, USEPA and/or other states;

(v) copies of exam questions for each program offered.

(4) Department of Health memorandum file which contains all memoranda issued by the department and pertaining to asbestos safety training;

(m) The names of the designated lead classroom instructors and lead hands-on instructors and their qualifications and topic(s)/hands-on area(s) to be taught by each instructor. The following documents must be submitted as necessary to prove that the designated instructor meets the requirements of section 73.4, including relevant educational, work experience, and training requirements.

(1) Official academic transcripts; and/or

(2) One of the following:

(i) resume;

(ii) letters of reference;

(iii) instructor certification in another Model Plan Accredited State; or

(iv) documentation of work experience; and

(3) A copy of the signed statement of employment;

(n) Changes to any aspect of the training program. The training provider must describe the procedure used to notify the department in writing of any changes in any aspect of an accredited training program prior to implementing such change. With every application for accreditation of an asbestos safety training program the training provider must certify that such notification will be given;

(o) A list of all other governmental authorities that currently approve the training course.
 

Effective Date: 
Wednesday, November 5, 1997
Doc Status: 
Complete

Section 73.4 - Minimum instructor qualifications

73.4 Minimum instructor qualifications. (a) Instructors must possess knowledge of the topics that will be taught, which may have been acquired through such means as relevant training or education or relevant field experience in the asbestos abatement industry, and the ability to effectively communicate the topics that will be taught.

(b) An instructor shall have sufficient experience or knowledge in the design and implementation of public health protection programs associated with asbestos to effectively communicate the principles and legal requirements of public health protection to program attendees.

(c) For all approved programs a health professional shall teach the specific topics of the health effects of asbestos and medical monitoring.

(d) The instructor teaching sections of programs involving the hands-on practice sessions shall have one year of actual work experience in the area being taught.

(e) Instructors whose involvement in the program is limited to the specific topics of legal liability, health effects, or medical monitoring are not required to meet the requirements of subdivisions (b) and (d) of this section but must meet all other applicable requirements.

(f) The department may deny instructor approval if an instructor has been found in violation of relevant state or federal asbestos regulations.
 

Effective Date: 
Wednesday, October 22, 1997
Doc Status: 
Complete

Section 73.5 - Topics and requirements for initial asbestos safety training programs

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;

(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 non-disposable 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;

(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 students 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 CRFR 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 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(l); 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;

(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 cleaner 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 release;

(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;

(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;

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

(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;

(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(l), 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 (4) 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;

(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 surfacants;

(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.

(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;

(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;

(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 medical 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 (2) training days. Five (5) 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;

(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;

(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;

(xi) purpose of exit and entry log;

(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;

(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 Abatement 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 planners;

(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 non-friable 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 material (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(l); 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 nonpublic schools or commercial or public buildings;

(13) walk-through survey workshop that includes:

(i) visual inspection procedures for inspection 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 assessments; 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 (2) 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;

(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 in 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;

(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;

(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;

(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;

(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;

(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;

(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;

(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));

(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;

(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 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;

(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;

(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, scaffolk 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 rationale 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 consideration;

(ii) bonding;

(iii) hold-harmless clauses;

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

(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 multidisciplinary team approach to abatement design;

(17) occupied buildings:

(i) special design procedures required in occupied buildings; (ii) education of occupants;

(iii) extra monitoring recommendations; .(tx. (iv) staging work to minimize occupant exposure; and

(v) scheduling of renovations to minimize exposure;

(18) relevant Federal, State and local requirements, procedures and standards, (see requirements of TSCA Title II: Article 30 of the NYS Labor Law; 12 NYCRR Part 56; this Part; National Emission Standard 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 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 respirator protection program;

(vii) selection and use of personal protective clothing;

(viii) use, storage and handling of non-disposable clothing;

(ix) 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);

(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 vs. 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;

(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;

(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(l); EPA Worker Protection Rule, 40 CFR Part 763, Subpart G);

(ii) frequency of medical examinations; and

(iii) employee 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; 10 NYCRR Part 73; 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 medical surveillance programs;

(10) insurance and liability issues;

(i) contractor issues;

(ii) Workers' compensation coverage and exclusions;

(iii) third-party liabilities and defenses;

(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;

(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 paragraphs 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 vs. low prssure, 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(l); 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;

(xi) 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 (AMTM) 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.

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Section 73.6 - Topics and requirements for annual refresher asbestos safety training programs

73.6 Topics and requirements for annual refresher asbestos safety training programs. The refresher safety training programs shall be specific to each discipline. Refresher programs shall be conducted as separate and distinct programs and not combined with any other training during the period of the refresher program. Upon successful completion of the annual refresher program the student shall have his/her accreditation extended for an additional year from the date of completion of the refresher program.

(a) All sections of this Part relative to requirements for training providfers, instructor credentials and application procedures are also applicable to annual refresher training programs.

(b) The annual refresher training program for inspectors shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review of key aspects of the inspector function;

(3) case studies to highlight important considerations; and

(4) developments in state-of-the-art work practices and safety procedures.

(c) The annual refresher training program for allied trades shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) developments in state-of-the-art work practices and safety procedures;

(3) case studies to highlight important work safety concepts; and

(4) review and update of key aspects of allied trades functions.

(d) The annual refresher training program for asbestos project air sampling technician shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review and update of key aspects of functions performed by asbestos project air sampling technicians;

(3) developments in state-of-the-art work practices and safety procedures; and

(4) case studies to highlight important concepts.

(e) The annual refresher training program for operations and maintenance workers shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review of key aspects of functions performed and developments in state-of-the-art work practices and safety procedures; and

(3) review of recognition of damaged asbestos material and proper methods of handling asbestos material.

(f) The annual refresher training program for management planner shall include the inspector refresher training program as described in subdivision (b) of this section and will include at a minimum the following additional topics:

(1) review and update of key functions performed;

(2) review and update of relevant State, Federal and local regulations;

(3) developments in state-of-the-art work practices and safety procedures; and

(4) case studies to highlight important concepts.

(g) The annual refresher training program for project designer shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review and update of key aspects of functions performed and developments in state-of-the-art work practices and safety procedures; and

(3) case studies to highlight important concepts.

(h) The annual refresher training program for asbestos handler shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review and update of key aspects of functions performed and developments of state-of-the-art work practices and safety procedures; and

(3) case studies to highlight safety concepts.

(i) The annual refresher training program for contractor/supervisor shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review and update of key aspects of functions performed including, but not limited to, developments in state-of-the-art work practices and safety procedures, work area inspection procedures and recordkeeping required by State and Federal regulations; and

(3) case studies to highlight important concepts.

(j) The annual refresher training program for project monitor shall include the following topics:

(1) review and update of State, Federal and local regulations;

(2) review and update of key aspects of functions performed including, but not limited to, developments in state-of-the-art work practices and safety procedures, work area inspection procedures, air sampling strategies, and recordkeeping; and

(3) case studies to highlight important concepts.
 

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Section 73.7 - Required examination

73.7 Required examination.

(a) Each individual who has attended an approved asbestos safety training program must pass a written multiple choice examination appropriate for the program, which includes topics from all aspects of the training.

(b) The examination will be one provided by the Department of Health, or if one is not provided by the Department of Health, one approved by the Department of Health as part of the program provider's application.

(c) Closed book written examinations shall be administered at the completion of each initial and refresher training program by the training provider. The training provider will insure that the integrity of the examination process is not compromised by actions of the trainee. The Department of Health may require the training provider to grade the examinations, record the grades and submit a copy of the examination, including the answer sheet, and a list of those who successfully completed each training program to the Department of Health.

(d) The written examination required for the asbestos handler training program shall cover the topics listed under section 73.5 (a) and (b) of this Part. The examination shall include at least 50 questions. A minimum score of 70 percent is required to pass the examination.

(e) The written examination required for the operations and maintenance training program shall cover the topics listed under section 73.5 (a) and (c) of this Part. The examination shall include at least 25 questions. A minimum score of 70 percent is required to pass the examination.

(f) The written examination required for the allied trades training program shall cover the topics listed under section 73.5 (a) and (d) of this Part. The examination shall include at least 50 quyestions. A minimum score of 70 percent is required to pass the examination.

(g) The written examination required for the asbestos project air sampling technician training program shall cover the topics listed under section 73.5 (a) and (e) of this Part. The examination shall include at least 50 questions. A minimum score of 70 percent is required to pass the examination.

(h) The written examination required for the inspector training program shall cover the topics listed under section 73.5 (a) and (f) of this Part. The examination shall include at least 50 questions. A minimum score of 70 percent is required to pass the examination.

(i) The written examination required for the management planner training program shall cover the topics listed under section 73.5 (g) of this Part. The examination shall include at least 50 questions. A minimum score of 70 percent is required to pass the examination.

(j) The written examination required for the abatement project designer training program shall cover the topics listed under section 73.5 (a) and (h) of this Part. The examination shall include at least 100 questions. A minimum score of 70 percent is required to pass the examination.

(k) The written examination required for the asbestos abatement contractors and supervisors training program shall cover the topics listed under section 73.5 (a) and (i) of this Part. The examination shall include at least 100 questions. A minimum score of 70 percent is required to pass the examination.

(l) The written examination required for the asbestos project monitor training program shall cover the topics listed under section 73.5 (a) and (j) of this Part. The examination shall include at least 100 questions. A minimum score of 70 percent is required to pass the examination.

(m) The examinations for all refresher training programs must include a minimum of 25 questions. A minimum score of 72 percent is required to pass the examination. Examination questions must be specific to the topic areas required for the discipline under section 73.6 of this Part.

(n) Notwithstanding anything to the contrary contained in this section, an oral examination may be administered instead of a written examination if an individual demonstrates that he/she is unable to read or write and provided such skills are not required to perform the functions of the discipline for which the individual is being tested. The individual administering the examination shall record the answers of the individual taking the examination on an answer sheet.

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Section 73.8 - Accreditation of asbestos safety training providers

73.8 Accreditation of asbestos safety training providers.

(a) Provision accreditation. The department shall grant provisional accreditation of a provider's asbestos safety training program only after a full review of the application. If a program is not granted provisional accreditation, the reasons for disapproval will be sent in writing to the program provider. Training providers will be notified in writing if a particular program has been granted provisional accreditation. The letter will identify the specific program accredited and the effective approval date of the provisional accreditation. Provisional accreditation will continue until full accreditation is granted as described in subdivision (b) of this section, or until provisional accreditation is terminated in accordance with subdivision (a) of section 73.9 of this Part.

(b) Full accreditation shall be granted after the Department of Health has observed and evaluated a provisionally accredited asbestos safety program in progress and has determined that the program meets the requirements of these regulations. A training provider will be notified in writing of a program's full accreditation status. If the program is not granted full accreditation, the reasons for disapproval will be sent in writing to the training provider.

(c) Upon receipt of accreditation, whether provisional or full, the training provider shall maintain documentation of each program offered as required by this Part.

(d) All records pertaining to the asbestos safety program shall be available to the Department of Health or the Department of Labor upon request.

(e) Programs with full accreditation shall be monitored periodically by the department to ensure continuing compliance with this Part.

(f) Provisional and/or full accreditation is not transferable upon sale or transfer of a training program; however, if an asbestos safety training provider transfers all of the asbestos safety training programs which the training provider is authorized to conduct pursuant to this Part, the provisional and/or full accreditation of such programs may be transferred, upon the prior approval of the department.
 

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Section 73.9 - Revocation, suspension and modification of accredited training programs

73.9 Revocation, suspension and modification of accredited training programs.

(a) Provisional Accreditation. The department may immediately terminate Provisional Accreditation if the department finds any of the following:

(1) submission of false information;

(2) providing program completion certificates to individuals who did not complete any or all of the required training;

(3) failure to present the required topics set forth in these regulations in a manner such that students would be able to comprehend the required subject matter;

(4) failure to submit required information or notifications in a timely manner;

(5) failure to allow a representative of the Department of Health or the Department of Labor to audit any phase of the program, whenever requested;

(6) failure to allow the Department of Health or Department of Labor to access program records;

(7) failure to properly and fairly administer the required examination;

(8) failure to maintain requisite records;

(9) falsification of accreditation records, instructor qualifications or other accreditation information;

(10) failure to adhere to the training standards and requirements of this Part;

(11) misrepresentation of the extent of a training provider's approval by the State;

(12) failure to submit written notification to the Department of Health of any changes to the program; and

(13) any other good cause.

(b) Full Accreditation. The department may, after notice and an opportunity for hearing, suspend or revoke Full Accreditation or change Full Accreditation to Provisional Accreditation if a training provider, training director or other person with supervisory authority over the training program has:

(1) submitted false information;

(2) failed to submit required information or notification in a timely manner;

(3) failed to submit written notification to the Department of Health of any changes to the program;

(4) failed to maintain required records;

(5) falsified program records, instructor qualifications or other accreditation information;

(6) failed to properly and fairly administer the required examinations;

(7) failed to present the program in accordance with the application materials submitted to the department and in a manner such that the students would be able to comprehend the required subject matter;

(8) failed to allow a representative of the Department of Health or the Department of Labor to audit any phase of the course, whenever requested;

(9) failed to adhere to the standards and requirements of this Part;

(10) provided program completion certificates to individuals who did not complete any or all of the required training;

(11) misrepresented the extent of a training provider's approval by the State;

(12) failed to allow the Department of Health or Department of Labor to access program records; and

(13) any other good cause.
 

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Section 73.10 - Equivalence of prior training

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 exceeded 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 1, 2, and/or 3 of this section and/or a Department of Health approved asbestos safety training program and/or part of one of more Department of Helath 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 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.

Effective Date: 
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Section 73.11 - Severability

73.11 Severability. If any clause, sentence, paragraph or section of this Part shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or section thereof directly involved in the controversy in which the judgment shall have been rendered.

Effective Date: 
Wednesday, December 19, 1990
Doc Status: 
Complete