LAB-46-06-00001-A Public Employee Occupational Safety and Health Standards
3/21/07 N.Y. St. Reg. LAB-46-06-00001-A
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 12
March 21, 2007
RULE MAKING ACTIVITIES
DEPARTMENT OF LABOR
NOTICE OF ADOPTION
I.D No. LAB-46-06-00001-A
Filing No. 261
Filing Date. Mar. 02, 2007
Effective Date. Mar. 21, 2007
Public Employee Occupational Safety and Health Standards
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Part 56 of Title 12 NYCRR.
Statutory authority:
Labor Law, art. 30, section 906
Subject:
Protection of the public health and safety relating to the handling of asbestos.
Purpose:
To incorporate Federal standards by reference and correct typographical errors.
Text of final rule:
Title 12 NYCRR Part 56
TABLE OF CONTENTS
SUBPART 56-6 PHASE [1]IB: BACKGROUND AIR SAMPLING
Repeal 56-5.1(f)(1) and add new 56-5.1(f)(1)
(1) The asbestos survey shall, at a minimum, identify and assess with due diligence, the locations, quantities, friability and conditions of all types of installations at the affected portion of the building/structure relative to the ACM, suspect miscellaneous ACM, PACM or asbestos material contained therein. The following list is not inclusive of all types of ACMs, it only summarizes typical ACMs. The certified asbestos inspector is responsible for identification and assessment of all types of ACM, PACM, suspect miscellaneous ACM and asbestos material within the affected portion of the building/structure:
(i) PACM
(a) Surfacing Treatments:
(1) Fireproofing;
(2) Acoustical Plaster;
(3) Finish Plasters; and
(4) Skim Coats of Joint Compound.
(b) Thermal System Insulation:
(1) Equipment Insulation;
(2) Boiler, Breeching, Duct, or Tank Insulation, Cement or Mortar Used for Boilers and Refractory Brick; and
(3) Piping and Fitting Insulations including but not limited to, Wrapped Paper, Aircell, Millboard, Rope, Cork, Preformed Plaster, Job Molded Plaster and coverings over fibrous glass insulation.
(ii) SUSPECT MISCELLANEOUS ACM
(a) Roofing and Siding Miscellaneous Materials:
(1) Insulation Board;
(2) Vapor Barriers;
(3) Coatings;
(4) Non-Metallic or Non-Wood Roof Decking;
(5) Felts;
(6) Cementitious Board (Transite);
(7) Flashing;
(8) Shingles; and
(9) Galbestos.
(b) Other Miscellaneous Materials:
(1) Dust and Debris;
(2) Floor Tile;
(3) Cove Base;
(4) Floor Leveler Compound;
(5) Ceiling Tile;
(6) Vermiculite Insulation;
(7) Gaskets, Seals, Sealants (including for condensate control);
(8) Vibration Isolators;
(9) Laboratory Tables and Hoods;
(10) Chalkboards;
(11) Pipe Penetration Packing or Other Firestopping Materials;
(12) Cementitious Pipe (Transite);
(13) Cementitious Board (Transite);
(14) Electrical Wire Insulation;
(15) Fire Curtains;
(16) Fire Blankets;
(17) Fire Doors;
(18) Brakes and Clutches;
(19) Mastics, Adhesives and Glues;
(20) Caulks;
(21) Sheet Flooring (Linoleum);
(22) Wallpaper;
(23) Drywall;
(24) Plasterboard;
(25) Spackling/Joint Compound;
(26) Textured Paint;
(27) Grout;
(28) Glazing Compound;
(29) Terrazzo; and Boiler Rope.
SUBPART 56-6
PHASE [1] IB: BACKGROUND AIR SAMPLING
56-6.2 Number and Location of Background Air Samples.
(a) Phase [1] I B Background Sampling — Large Asbestos Project.
(a) Sections 7.1(d), 8.1[(c)] (b)(2), 9.2[(a2)] (b)(2) — Work Stoppage Due to High Air Results.
(d) Section 7.9[(d3)] (a)(3) — HVAC System Positive Pressurization.
(k) Sections 9.3(c), 10.4, 11.2(f), 11.3(e), 11.4(d), 11.5(c), 11.6(e), 11.7(d), 11.8(d) — Final Inspection. To be documented by supervisor at completion of asbestos project and/or work area.
Repeal 56-7.5(d) and add new 56-7.5(d)
(d) Remote Personal Decontamination System Enclosure. If a personal decontamination system cannot be attached to the regulated abatement work area, due to available space restrictions or other building and fire code restrictions, a remote personal decontamination system enclosure may be used for limited Special Projects as per subpart 56-11, negative pressure tent enclosure work areas with glovebag only abatement, or if non-friable ACM is being removed in a manner which will not render the ACM friable. If it is found during Phase IIB, that the non-friable ACM or asbestos material will become friable during the removal process, and it is logistically possible to attach the decontamination system enclosure, abatement work must stop immediately while the remote personal decontamination system is relocated to be attached and contiguous to the regulated abatement work area. The following requirements apply for all remote personal decontamination systems:
(1) Protective Clothing. Workers shall don two (2) sets of disposable protective clothing and a supply of protective clothing shall be kept in the airlocks attached to the regulated abatement work area.
(2) Location. The remote personal decontamination system shall be constructed as close to the regulated abatement work area as physically possible. If the remote personal decontamination system must be located at the exterior of the building/structure due to space or code restrictions, it shall be constructed within fifty (50) feet of the building/structure exit used for access by the asbestos abatement contractor personnel. The decontamination unit shall be cordoned off at a distance of twenty-five (25) feet to separate it from public areas.
(3) Airlocks. At a minimum, two (2) extra airlocks as defined in Section 56-2.1 shall be constructed as per Section 56-7.5(b)(11). One shall be constructed at the entrance to the equipment room or equipment/washroom. The other extra airlock shall be constructed at the entrance to the containment or regulated abatement work area(s). These airlocks shall have lockable doorways at the entrance to the airlock from uncontaminated areas. These airlocks shall be cordoned off at a distance of twenty-five (25) feet and appropriately signed in accordance with Section 56-7.4(c). Airlocks shall not be used as a waste decontamination area and shall be kept clean and free of asbestos containing material.
(4) Designated Pathway. The walkway from the regulated abatement work area to the personal decontamination system or next regulated abatement work area shall be cordoned off and signage installed as per Section 56-7.4(c), to delineate it from public areas while in use during Phase IIA through IID.
(5) Travel Through Uncontaminated Areas. If at any time a worker must travel through an uncontaminated area to access the personal decontamination area, the worker shall HEPA-vacuum and/or wet wipe his/her outer protective clothing while in the regulated abatement work area, then proceed into the airlock, which serves as a changing area, where he/she shall remove the outer clothing and don a clean set of protective clothing. The worker may then proceed to the personal decontamination system enclosure only along a designated pathway as described above. Travel in any other area shall not be allowed.
(6) Removal. The remote personal decontamination unit shall be removed only after satisfactory clearance air sampling results have been achieved.
56-7.11(f)(1)(ii) Tent Construction.
(a) Tents with greater than [20] twenty (20) square feet of floor space, [or tents] that are scheduled for gross removal of friable ACM, PACM, or asbestos material, shall be constructed of two (2) layers of six (6) mil fire-retardant plastic sheeting and shall include walls, ceiling and a floor (except for portions of walls, floors and ceilings that are the removal surface) with double-folded seams. Seams shall be duct taped airtight and then duct taped flush with the adjacent tent wall.
(b) Tents with [20 square feet or less of floor space and] no gross removal of friable ACM, PACM or asbestos material, shall be constructed of one (1) layer six (6) mil fire-retardant plastic sheeting and shall include walls, ceiling and a floor (except for portions of walls, floors and ceilings that are the removal surface) with double-folded seams. Seams shall be duct taped airtight and then duct taped flush with the adjacent tent wall.
56-11.3 Minor Asbestos Projects or Minor Size Regulated Abatement Work Area
(a) Air Sampling and Analysis. Air sampling and analysis on a [minor] Minor asbestos project or Minor size regulated abatement work area conducted under this Section shall be conducted in accordance with the requirements of Subpart 56-4 of this Part.
(b) Where Allowed. For asbestos projects or regulated abatement work areas with abatement of less than or equal to ten (10) square feet or twenty-five (25) linear feet of ACM, PACM or asbestos material, Phase II Minor asbestos project abatement procedures as per this Section may be complied with in lieu of full compliance with Sections 56-7 through 56-9. All other requirements of this Part shall apply. Minor asbestos project corrective actions shall include limited enclosure, spot repair/patching, incidental disturbance clean-up, spot removal, and spot encapsulation. All corrective actions except spot removal shall be performed using non-asbestos material. Repairs where spot removal has occurred shall also utilize non-asbestos material. The regulated abatement work area shall be established as per the requirements of Section 56-7.4.
56-11.6(b) Regulated Abatement Work Area Preparation.
(3) Decontamination System Location. The personal [and waste] decontamination system enclosures can be remote but must be within [50] fifty (50) feet of the building/structure entrance used by the asbestos handlers (workers), and shall be removed only after obtaining satisfactory clearance air results for the regulated abatement work area or an acceptable visual inspection has determined that the abatement is complete, as per Section 56-9.2(e).
56-11.8(b)(2) Preliminary Preparation.
(i) Exception. For exterior regulated abatement work areas with ACM, PACM or asbestos material intact, establishment of negative air systems as per Section 56-7.8, and installation of isolation barriers as per Section 7.11(b) is not required. Remote personal decontamination system enclosures are allowed for exterior regulated abatement work areas.
Final rule as compared with last published rule:
Non substantive changes were made in section 56-5.1(f)(1).
Text of rule and any required statements and analyses may be obtained from:
Diane Wallace Wehner, Department of Labor, Bldg., 12 State Office Campus, Rm. 509, Albany, NY 12240, (518) 457-4380, e-mail:usbdww@labor.state.ny.us
Job Impact Statement
This amendment does not affect jobs and employment opportunities but simply corrects typographical errors and incorporates by reference 29 CFR 1926 and ASTM International Standard E 1368-05, which sections are referenced in the text adopted on January 11, 2006.
