Part 1: Personnel Protection and Hygiene

§ 1-51 Personnel Protection and Hygiene Requirements .

   (a)   Prior to project initiation, all workers engaged in abatement activities on an asbestos project or minor project must be certified by DEP and NYSDOL.

   (b)   At least one asbestos handler supervisor shall be present at the work site while abatement activities are being conducted on an asbestos project or minor project, except that during minor projects the supervisor does not have to be physically present at all times but must be readily available.

   (c)   Personal protective equipment must be worn by all individuals inside the work place during abatement activities, except that gloves need not be worn during those work place preparation activities which do not involve the disturbance of ACM. Personal protective equipment must meet the following specifications:

      (1)   Disposable clothing including head, hand, foot and full body protection shall be provided by the contractor in sufficient quantities and adequate sizes for all workers and authorized visitors.

      (2)   Hard hats, protective eyewear, gloves, rubber boots and/or other footwear must be provided by the contractor as required for workers and authorized visitors. Safety shoes and hard hats must be in accordance with the most recent ANSI standards.

      (3)   Contaminated clothing shall be sealed in impermeable bags and the bags shall be appropriately labeled.

   (d)   Personal air monitoring shall be performed in accordance with current OSHA regulations. Such records shall be made available within 72 hours to authorized Department representatives upon request.

   (e)   Personal Hygiene at the work site shall meet the following requirements:

      (1)   There shall be no smoking on any floor of the building where abatement activities are taking place.

      (2)   Jewelry, watches, and cellular telephones shall not be worn, carried, or kept in contaminated areas.

      (3)   The contractor shall provide clean change areas for the workers. Change areas shall be equipped with separate storage facilities for protective clothing and street clothing.

      (4)   If lunch areas are provided, they shall be located outside the work place in an area in which the airborne concentrations are below 0.01 f/cc.

      (5)   There shall be no eating, drinking, application of cosmetics, or chewing of gum or tobacco inside the work place. There shall be no food or beverages present in the work place.

      (6)   There shall be no lighters or matches in the work place.

   (f)   The contractor must have available the following information at the work place:

      (1)   A copy of the U.S. Environmental Protection Agency Regulations for Asbestos, 40 C.F.R. 61 Subparts A and M and a copy of OSHA Asbestos Regulations, 29 C.F.R. § 1926.1101, and 12 NYCRR Part 56; and

      (2)   A list of telephone numbers for local hospital, location of hospital and/or emergency squad, local fire department, the building owner (or representative) and the N.Y.C. Asbestos Control Program, and

      (3)   A copy of these Rules, the most recent Asbestos Abatement Notice (Form ACP-13), asbestos abatement (ATRU) permits, any variance application (Form ACP-9 and all associated documents and drawings) and DEP approval thereof, and

      (4)   A copy of all Safety Data Sheets (SDS) for chemicals used during the asbestos project, and

      (5)   Original New York City Asbestos handler and supervisor certificates, or their digital or electronic equivalent as approved by DEP, and NYSDOL asbestos handler and supervisor certificates, of all workers in the work site, and

      (6)   A copy of the current New York State Department of Labor asbestos handling license of the abatement contractor and air monitoring company.

      (7)   A copy of any asbestos survey performed in the affected building in accordance with these rules.

   (g)   The contractor must post signs during all abatement activities. Signs must be posted at all approaches to the work place including internal doorways which provide access to the work place. These signs must include the following information:
 

 

DANGER ASBESTOS MAY CAUSE CANCER, CAUSES DAMAGE TO LUNGS AUTHORIZED PERSONNEL ONLY WEAR RESPIRATORY PROTECTION AND PROTECTIVE CLOTHING IN THIS AREA

 

   (h)   Warning labels must be affixed to all waste containers containing asbestos material and must include the following information:

 

DANGER CONTAINS ASBESTOS FIBERS MAY CAUSE CANCER, CAUSES DAMAGE TO LUNGS DO NOT BREATHE DUST AVOID CREATING DUST

 

(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 1/15/2025, eff. 2/14/2025)

Part 2: Equipment Specifications

§ 1-61 Materials and Equipment.

The materials and equipment used during all abatement activities shall conform with the following:

   (a)   During abatement activities, replacement materials shall be stored outside the work area in a manner to prevent contamination. Materials required for the asbestos project (i.e. plastic sheeting, replacement filters, duct tape, etc.) shall be stored to prevent damage or contamination.

   (b)   When asbestos-containing material that has been used for fireproofing or insulation is removed, the replacement material shall comply with all applicable provisions of the New York City Administrative Code and regulations.

   (c)   For plasticizing, fire-retardant polyethylene sheeting with 6-mil thickness or greater, in sizes to minimize the frequency of joints, shall be employed.

   (d)   Duct tape and selected adhesive shall be capable of sealing joints of adjacent sheets of polyethylene, facilitating attachment of polyethylene sheets to finished or unfinished surfaces, and of adhering under both dry and wet conditions, including during the use of amended water.

   (e)   Airtight and watertight containers must be provided to receive and retain any asbestos-containing waste materials. Plastic bags used for waste storage or disposal must be a minimum of 6-mil in thickness. All containers must be labeled in accordance with OSHA Regulation 29 C.F.R. 1926.1101.

   (f)   Materials used to enclose ACM shall be impact resistant and assembled to be airtight Gypsum panels taped at the seams, tongue and groove boards, and boards with spline joints all qualify.

   (g)   Power tools used to drill, cut into, or otherwise disturb ACM shall be manufacturer-equipped with HEPA filtered local exhaust ventilation. Abrasive removal methods, including the use of beadblasters, are prohibited.

   (h)   Ladders or scaffolds of sufficient dimension and quantity shall be available so that all work surfaces can be easily and safely reached by inspectors and asbestos handlers.

      (1)   Ladders. Where ladders are used to access or reach work surfaces for the conduct of abatement activities, care must be taken to prevent breaching of the containment areas and the ladder's integrity must be maintained to ensure safety. Ladders and their use shall comply with OSHA 29 C.F.R. 1926. Subpart X Ladders 1926.1053.

      (2)   Scaffolds. Where scaffolds are used to reach work surfaces or for the conduct of abatement activities, scaffold joints and ends shall be sealed with tape to prevent incursion of asbestos fibers. Scaffolds and their use shall comply with OSHA 29 C.F.R. 1926. Subpart L Scaffolds 1926.450; 451 and 452.

      (3)   Walking Surfaces. Walking and working surfaces shall be protected from tripping or stepping into or through holes or openings, including skylights, by covers secured to the surface in accordance with OSHA Section 29 C.F.R. 1926.501.

   (i)   Electrical equipment shall be Underwriters Laboratory listed and approved.

   (j)   Surfactants, strippers, sealers, or any other chemicals used during the asbestos project shall be non-carcinogenic and non-toxic.

   (k)   Plastic sheeting used in the construction of temporary enclosures shall be fire-retardant in accordance with NFPA 701. Wood or other materials used in the construction of temporary enclosures shall be noncombustible or fire-retardant in accordance with NFPA 255, ASTM D 2898, ASTM E 84, and UL 723.

   (l)   Equipment and materials may be substituted for those specified in this chapter only if determined to be equivalent after review by the Department.

(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)

Subchapter F: Asbestos Project Procedures

Part 1: Applicability

§ 1-71 Applicability.

In addition to 15 RCNY §§ 1-01 through 1-61, the following 15 RCNY §§ 1-81 through 1-83, 1-91 through 1-94 and 1-111 and 1-112 shall apply to all asbestos projects. 15 RCNY §§ 1-101 through 1-110 shall apply to all asbestos abatement activities.