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Subpart 56-3

IN-PLANT AND EMERGENCY OPERATIONS

Sec.
56-3.1     In-plant--general
56-3.2     Emergency--general

Historical Note:   Subpart (ยงยง56-3.1 - 56-3.2) filed Oct. 18, 1991 eff. Jan. 1, 1992.

56-3.1   In-plant-general.

     (a)   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 will 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 (OSHA), and is performed in a manner which will not expose the public to asbestos fibers in excess of background levels or .01 fibers per cubic centimeter, whichever is greater, provided that the work involves the encapsulation, enclosure, removal, disturbance or handling of (i) less than 160 square feet or 260 linear feet of asbestos or asbestos material and is performed by employees of such employer or (ii) built-up roofing material, flashing, transite roofing and siding, roofing shingles, asbestos cement siding and pipe, galbestos roofing and siding, shingle siding, transite pipe, vinyl asbestos tile, non- friable ceiling tiles/panels, fire curtains, and transite or galbestos panels.

 

     (b)   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 (rule). See Subpart 56-2 of this Part.

   (2)  There is no exemption from requirements for air monitoring set forth in this Part (rule). See Subpart 56-17 of this Part.

   (3)  There is no exemption from requirements for project notification or from notice to residents/occupants set forth in this Part (rule). See sections 56-1.6 and 56-1.8 of this Part, respectively.

   (4)  There is no exemption from recordkeeping requirements of Labor Law, section 904 and section 56-1.6(a)(1)(i)-(ix) of this Part.

   (5)  For all of these purposes, in-plant operations are asbestos projects as defined in section 56-1.4 (o) of this Part.

 

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

 

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

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

   (3)  the project is performed in a manner consistent with OSHA standards;

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

   (5)   the project:

 

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

   (ii)   involves the encapsulation, enclosure, removal, disturbance or handling of built-up roofing material, flashing, transite roofing and siding, roofing shingles, asbestos cement siding and pipe, galbestos roofing and siding, shingle siding, transite pipe, vinyl asbestos tile, non-friable ceiling tiles/panels, fire curtains, and transite or galbestos panels.

   If the materials listed in subparagraph (ii) of this paragraph are involved, an employer may employ an outside contractor (i.e., the work need not be performed by employees of such employer).

     (d)   In-plant operations work area.  Each and every location where an in-plant operation is performed, shall be considered to be a work area for purposes of this Subpart.

     (e)   Licensing, notification and certification.  Contractors and other individuals engaged in asbestos projects conducted under this Subpart shall comply with the requirements of Subparts 56-1 and 56-2 of this Part.

     (f)   Air sampling and analysis.  Air sampling and analysis on an asbestos project conducted under this Subpart shall be conducted in accordance with the requirements of Subpart 56-17 of this Part.

     (g)   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 section 56-1.4 (au) of this Subpart are not met, all anticipated, current and further work/activity on such project shall be conducted in accordance with all requirements of this Part.

Historical Note:  Sec. filed Oct. 18, 1991; amd. filed Oct. 25, 1994 eff. Nov. 9, 1994.

56-3.2     Emergency - general.

     (a)   Emergency projects permissible under this Subpart are only those that are deemed by the commissioner or his/her duly authorized representative as being necessary to respond to an unexpected, unanticipated or unforeseen occurrence, including but not limited to, a steam, chemical, gas or water line rupture, or boiler failure or a building collapse, which poses (1) an imminent danger to the health and safety of the public or (2) an asbestos related risk to the health and safety of the public from exposure to asbestos fiber.

     (b)   Licensing and certification.  Emergency asbestos projects conducted under this Subpart shall comply with the requirements of Subparts 56-1 and 56-2 of this Part.

     (c)   Air sampling and analysis.  Air sampling and analysis on emergency asbestos projects shall be conducted in accordance with the requirements of Subpart 56-17 of this Part.

     (d)   Notification.  Prior to the commencement of an emergency asbestos project, the contractor shall comply with the notification requirements set forth in section 56-1.7 of this Part.

     (e)   Approval.  The Program Manager of the Asbestos Control Bureau, or another duly authorized representative of the commissioner, upon ascertaining all pertinent facts relating to the project through the notification process set forth in section 56-1.7 of this Part, shall be empowered to either allow or deny the request for permission to proceed with an emergency asbestos project.

     (f)   If permission to proceed with the project as an emergency asbestos project is approved, all work done on the project must be performed in a manner consistent with any applicable provisions of this Part (rule) or variance conditions as shall be required by the commissioner or his/her designee. If permission to proceed is denied, all work on the project shall be performed in accordance with all applicable provisions of the Part (rule).

Historical Note:  Sec. filed Oct. 18, 1991; amd. filed Oct. 25, 1994 eff. Nov. 9, 1994. Amended (f).

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