Monday, October 23, 2006

New Asbestos Regulation Goes Into Effect

September 5, 2006, the new Asbestos Regulation for New York State, Industrial Code Rule 56, went into effect. While we were in Plattsburgh training, in one of the refresher classes we heard that NYSDOL gave violations to the asbestos contractor and the asbestos consultant working in the area doing asbestos floor tile removal. The contractor's violations involved not removing all the asbestos material, and mastic remover leaking out from containment. The violations to the asbestos consultant were not being onsite while air sampling, and not performing the visual inspection properly. The interesting violations are the ones to the asbestos consultant, because this indicates they will be reviewing the visual inspection and the requirement that the air sampler be onsite while air sampling is being performed. This is the first we are hearing how enforcement of the new regulation may occur. Especially since the new regulation is much stricter than the old regulation. We already know that site specific variances must be submitted by certified Project Designers that have Asbestos Company Licenses from September 5, 2006 on. It will be interesting how many other parts of the regulations they will enforce.

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