New York State Department of Health Center for Environmental Health Bureau of Occupational Health

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New York State Department of Health

Center for Environmental Health

Bureau of Occupational Health

Kevin Malone, Section Chief

Asbestos Safety Training Program

Flanigan Square

Troy NY, 12180

518-402-7940

E-mail: kmm22@health.state.ny.us

Website: www.health.state.ny.us

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Program Areas

Asbestos Safety Training Program (10 NYCRR, Part 73)

Asbestos Hazard Emergency Response Act (AHERA)

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Asbestos Safety Training Program

Responsibilities

Review and approve asbestos safety training program applications from independent training providers

Perform audits to ensure compliance with asbestos safety training requirements.

Tracking and accounting of training certificates.

Review and approve equivalency/reciprocity requests. Assist State and Federal agencies in the enforcement of asbestos regulations and laws.

Respond to inquiries and general asbestos exposure issues through education and outreach.

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NYSDOH Role in Fire/Life Safety Updates

Ensure that Training Curriculum is updated to include

new Information and Practices (Regulations)

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Asbestos Safety Training Program Applications

- becoming a NYSDOH Approved Training Provider

Training Director

Instructors

Course Materials

Examinations

Equipment

Facilities

Record-keeping

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Common Training Violations

Failure to Properly Notify of a Training Course Failure to Cancel a Training Course

Failure to Maintain Accurate and Complete Records

Failure to Properly Administer or Grade Required Examination Failure to Provide and/or Perform Required Hands-on Training Failure to Provide Adequate or Updated Written Material

Failure to Use Approved Instructors Failure to Use Approved Materials

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Types of Certificates/Disciplines

Allied Trades (Restricted Asbestos Handler)

Operations and Maintenance

Asbestos Handler (Worker)

Contractor/Supervisor

Inspector

Management Planner

Asbestos Project Air Sampling Technician

Project Monitor

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Training Days Initial / Refresher

Allied Trades - 1.5 days / .5 day

Operations and Maintenance - 2 days / .5 day

Asbestos Handler - 4 days / 1 day

Contractor/Supervisor - 5 days / 1 day

Inspector - 3 days / .5 day

Management Planner - 2 days / 1 day

Asbestos Project Air Sampling Tech. - 2 days / .5 day

Project Monitor - 5 days / 1 day

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Initial Training Courses by Discipline

(11/2008-11/2009)

Allied Trades O and M Handler Supervisor Inspector Management Planner Air Sampling Tech Project Monitor Project Designer

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Refresher Training Courses by Discipline

(11/2008-11/2009)

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Initial Certificates (Trainees) by Discipline

(11/2008-11/2009)

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Refresher Certificates (Trainees) by Discipline

(11/2008-11/2009)

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Trainees by Location

Albany/Adirondack Central Region Hudson Valley Long Island NYC Out of State Southern Tier Western Region

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Training Providers by Location

Albany/Adirondack Central Region Hudson Valley Long Island NYC Out of State Southern Tier Western Region

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Asbestos Handler Trainees by Language

English Korean Polish Russian Serbo-Croation Spanish

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AHERA

AHERA - Asbestos Hazard Emergency Response Act

passed in 1986; EPA finalized regulations in December,

1987 (40 CFR Part 763)

Applies only to the

interior

of public and not-for-profit

private schools serving grades K-12

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NYSDOH AHERA Audit / Inspection

Program

Cooperative Agreement With EPA (annual contract)

Conduced on behalf of EPA

Random (neutral) and Complaint based

Geographically balanced (statewide)

NYSDOH role is to ensure compliance/educate

Enforcement must come from EPA

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AHERA Records Audit

Original inspection and Asbestos Management Plan (AMP) Re-inspection every three years and Updated AMP

Periodic Surveillance every six months Designated Person

Annual Notification regarding the availability of AMP Short Term Worker Notification

Properly-accredited professionals

Custodial and Maintenance Staff Training Response Action/Abatement Records

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AHERA Walk-Through Inspection

Warning Labels

ACBM not identified in AMP

Damaged Materials in need of Response Action

Fiber Release Episodes

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AHERA Walk-Through Inspection

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AHERA Walk-Through Inspection

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Common AHERA Deficiencies

Record-keeping

No Warning Labels

Short Term Worker Notification

Custodial/Maintenance Staff Training

Not identifying all ACBM

Project Designer

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Small Scale Short Duration (SSSD)

Required for all interior projects that are larger than small

scale short duration (SSSD).

§763.90(i)

scale short duration (SSSD).

§763.90(i)

AHERA 40 CFR §763 Appendix B

- has been interpreted by

EPA to mean maintenance activities which require the

removal of small amounts of asbestos in order to accomplish

a maintenance activity.

The amount of debris generated by an SSSD activity is

expected to be contained within a single prefabricated

glovebag or minienclosure.

SSSD not specifically defined by size, but has traditionally been

“acknowledged” as the about same size as a Minor Fiber

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Project Designer needed in Schools?

NYSDOL (12 NYCRR, Part 56-3.2)

Any person who plans the scope, timing, phasing and

remediation methods to be utilized on any asbestos

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AHERA

40 CFR §763.90(g) - Response actions, other than SSSD, must be designed and conducted by persons accredited to design and conduct response actions.

40 CFR §763.91(e) - The response action for any maintenance

activities, other than SSSD, must be designed and conducted by persons accredited to design and conduct response actions.

40 CFR §763.91(f) - The response action for any major fiber release episode, >3 ft or >3 ft2_{, must be designed and conducted by}

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Project Designer needed in Schools?

NYS Education Department

NYSED requires that the NYSDOL certified Asbestos Project

Designer

must

be either a Registered Architect (R.A.)

or

a

Professional Engineer (P.E.) licensed in New York State.

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Findings from Recent AHERA Inspections:

Many Schools/Consultants are not using a Project Designer when conducting response actions and maintenance activities that are “larger” than Small Scale Short Duration and for Major Fiber

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Clearance Air Sampling in Schools?

NYSDOL

§763.90(i)

Clearance air sampling is required for all:

Large projects (>260 ft or >160 ft2_),

Small projects (>25 - <260 ft or >10 - <160 ft2_),and

Minor projects (<25 ft or <10 ft2₎_IF the Minor project ;

(1) is part of a larger project,

(2) involves response to an incidental disturbance (unintended) release of asbestos,or

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Clearance Air Sampling in Schools?

NYSDOL

§763.90(i)

The number of clearance air samples required are related to the size of the project:

Large

5 inside the work area + 5 outside

Small

3 inside + 3 outside

Minor None or *

1 inside + 1 outside

*Required only when part of larger project, for incidental

disturbance, or glovebag/ tent failure

.

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Clearance Air Sampling in Schools?

AHERA (40 CFR §763.90(i))

Clearance air sampling is required for all response

actions that are “larger” than small scale short

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AHERA (40 CFR §763.90(i)(5))

For projects that are larger than SSSD but less than large

scale, AHERA allows for clearance air samples to be

analyzed by PCM.

5 samples must be collected inside the area where the

response action was conducted, with 2 blanks.

Results are considered to be satisfactory and the response

complete when

each

sample is <0.01 fibers per cubic

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New York State Education Department (NYSED)

For projects greater than SSSD, (>3 ft or > 3 ft2_{), but less than} large scale (<260 ft or <160 ft2_{), clearance samples may be} analyzed by PCM. BUT...

5 samples must be collected inside the area where the response action was conducted, 5 must be collected outside, with 3

blanks.

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Clearance Air Sampling in Schools?

Findings from Recent AHERA Inspections:

Many Schools/Consultants are not conducting clearance air sampling or are taking an inadequate number of samples according to AHERA and/or NYSED.

Especially true for NYSDOL minor size projects that are “larger” than AHERA small scale short duration

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