N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-11.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 56-11.1 - In-plant operations

(a)Air sampling and analysis.

Air sampling and analysis on all asbestos projects conducted under this section shall be conducted in accordance with the requirements of Subpart 56-4 of this Part.

(b)Where allowed.

In-plant operations permissible under this Subpart are only those that meet all of the following criteria:

(1) Any work within the premises of an employer other than the State, any political subdivision of the State, a public authority or other governmental agency or instrumentality thereof, in an area to which persons other than those directly involved in the work shall not have access during the course of the work, and which is performed in a manner consistent with Federal regulations promulgated under the Federal Occupational Safety and Health Act, pursuant to chapter 15 of title 29 of the United States Code and is performed in a manner which shall not expose the public to airborne fibers in excess of background levels or.01 fiber per cubic centimeter, whichever is greater, provided that the work involves the encapsulation, enclosure, removal, repair, disturbance or handling of:

(i) less than 160 square feet or 260 linear feet of ACM, PACM, or asbestos material and is performed by employees of such employer; or

(ii) any quantity of non-friable organically bound (NOB) asbestos material currently in a non-friable intact condition, provided the abatement methods will not render the asbestos material friable during abatement. Only ELAP approved laboratories compliant with section 56-4.2 of this Part, can make the determination that bulk samples of a non-friable suspect ACM are NOB asbestos materials.

(c)Limitations.

The "in-plant operations" exception created in section 901 (12) of the Labor Law is limited in scope.

(1) There is no exemption from requirements for licensing and certification set forth elsewhere in this Part. See Subpart 56-3 of this Part.

(2) There is no exemption from air sampling or asbestos survey requirements set forth in this Part. See Subparts 56-4 and 56-5 of this Part.

(3) There is no exemption from requirements for project notification or from notice to residents or occupants set forth in this Part. See sections 56-3.4, 56-3.5 and 56-3.6 of this Part, respectively.

(4) There is no exemption from recordkeeping requirements of Labor Law, section 904 and section 56-3.4(a) of this Part.

(5) For all of these purposes, in-plant operations are asbestos projects as defined in section 56-2.1 of this Part.

(6) There is a limited exemption from other Code Rule 56 work practices where all of the following conditions are met:

(i) the project takes place within the premises of the nonpublic employer;

(ii) the project takes place in an area to which persons other than those directly involved in the work shall not have access during the course of the work;

(iii) the project is performed in a manner consistent with current OSHA regulations;

(iv) the project is performed in a manner which shall not expose the public to airborne fiber concentrations exceeding background levels or.01 fiber per cubic centimeter, whichever is greater; and

(v) the project:

(a) involves encapsulation, enclosure, removal, repair, disturbance or handling of less than 160 square feet or 260 linear feet of ACM, PACM or asbestos material and work is performed by employees of the employer; or

(b) involves the encapsulation, enclosure, removal, disturbance, repair or handling of NOB asbestos materials. If the materials listed in this clause are involved and no asbestos material will be rendered friable during abatement, an employer may employ an outside asbestos abatement contractor (i.e., the work need not be performed by employees of such employer).

(d)In-plant operations regulated abatement work area.

Every location where an in-plant operation is performed shall be considered to be a regulated abatement work area for purposes of this Subpart.

(e)Licensing, notification and certification.

Asbestos contractors and other individuals engaged in asbestos projects conducted under this Subpart shall comply with the requirements of Subpart 56-3 of this Part.

(f)Failure to meet "in-plant operations" criteria.

If, at any time prior to, during or subsequent to the asbestos project, conditions are such that any of the criteria of subdivision (c) of this section are not met, all anticipated, current and further work or activity on such project shall be conducted in accordance with all requirements of Industrial Code Rule 56.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-11.1