Thursday, April 12, 2007
Here in New York State, Industrial Code Rule 56 went into effect on September 5, 2006. New York State has had the opportunity to enforce this regulation for 7 months now. From what we are hearing from the field, NYS DOL inspectors have not been enforcing most of the new parts of the regulation. The inspectors have not looked for the survey report to be at the project site, they have not looked at the footage requirement of the decons, HEPA exhaust units, and/or licensing requirements for the allied trades title. They are looking for the manometer, and the supervisor's logbook. We are also hearing that NYC DEP is using a new enforcement tactic for dry removals. If a contractor is given a dry removal violation by NYC DEP, NYC DEP is referring the information to EPA and EPA is investigating the project for violations and possible criminal charges (see previous posts regarding press releases regarding EPA and Dept. of Justice indictments). So be careful out there, if the local agencies don't get you, the Federal enforcement people might. If the Feds catch you, that can involve not only fines but jail time.