ASBESTOS. CSEA / Local 1000 AFSCME / AFL-CIO. 143 Washington Avenue, Albany, New York Danny Donohue, President

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1 S A F E T Y & H E A L T H ASBESTOS QUESTIONS AND ANSWERS FOR BUILDING OCCUPANTS CSEA / Local 1000 AFSCME / AFL-CIO 143 Washington Avenue, Albany, New York Danny Donohue, President : CSEA OCCUPATIONAL SAFETY AND HEALTH DEPARTMENT Prepared by Mark Stipano, Certified Safety Professional, Industrial Hygienist, CSEA Occupational Safety and Health Department 2007 CSEA, Inc.

2 Introduction The name asbestos comes from the ancient Greek word meaning unquenchable in reference to its resistance to fire and heat. Because this group of silicate minerals can be readily separated into thin, strong fibers that are flexible, heat resistant, and chemically inert, asbestos minerals are suitable for use in fireproof fabrics, yarn, cloth, paper, paint filler, gaskets, roofing composition, reinforcing agent in rubber and plastics, brake linings, tiles, electrical and heat insulation, cement, and chemical filters. 1

3 Frequently Asked Questions What exactly is asbestos? A S B E S T O S Asbestos is a small mineral fiber that was added to many common household building materials. Asbestos became a popular commercial building product because of its noncombustibility, resistance to corrosion, high strength, and low electrical and thermal conductivity. Since the 1900 s asbestos fibers have been mixed with various binding materials to create an estimated 3,000 different commercial products. What are some common building materials that may contain asbestos? Steam pipes for heating units and boilers Decorative textured ceiling plaster Vinyl and linoleum flooring Air conditioning and furnace duct insulation and tape Roofing materials including tiles, felts and shingles Fire proofing Sound proofing Wall joint compound and seam tape Cement sheeting used as insulation around furnaces There s asbestos in my building. What should I do? You shouldn t panic but you should be concerned. Asbestos was commonly used in many building materials constructed prior to Most state, county and municipal facilities were built before 1980 and most likely have, or at one time had, asbestos containing building materials. 2

4 I ve heard that asbestos is hazardous. How dangerous is it? The hazards associated with asbestos depend on the category, quantity, location, and condition of the asbestos containing building material. Asbestos is hazardous, and significant or prolonged repeated exposures to asbestos fibers can cause disease or death. Asbestos fibers must be released from the building material and become airborne in order to become dangerous. Asbestos is hazardous and may be dangerous depending on how it is managed by a building owner. Asbestos containing material (ACM) that is properly encapsulated and maintained can safely remain in an occupied building. The amount of actual asbestos in asbestos containing material varies from less than 1% to 100%. The higher the percentage, the greater the danger. The Environmental Protection Agency (EPA) identifies three categories of asbestos. The three (3) categories of asbestos are: 1. Surfacing Materials: Sprayed or troweled on walls, ceilings, and structural supports for fireproofing, acoustical, or decorative purposes. 2. Thermal Systems Insulation: Insulation on pipes, boilers, tanks, and gaskets of heating and cooling systems or hot and cold water systems. 3. Miscellaneous Materials: Other building materials such as floor tiles, ceiling tiles, shingles, flashing, siding, and wallboard. 3

5 The first two categories of asbestos containing building materials are the most (GRAPHIC dangerous OF ELEVATOR) (surfacing materials and thermal systems insulation). These categories are dangerous because the hazardous asbestos fibers can be easily released when the material is disturbed. These materials commonly contain a high percentage of asbestos and are considered "friable", which means that the material can be crushed or broken up by hand. Miscellaneous building materials are typically not friable and the asbestos fibers cannot easily be released. These materials often contain a low percentage of asbestos and are made mostly of sturdy non-toxic components. The asbestos fibers are trapped within the matrix of the building material. Under normal conditions, there is no exposure to asbestos fibers to workers; therefore, most miscellaneous building materials are not nearly as dangerous as surfacing and thermal systems insulation as described above. Advice for Activists Getting Started If your employer discovers asbestos or plans to remove asbestos containing material, find out where it is, the category of the asbestos, how much of it is there, and what they plan to do with it. Request a labor-management meeting, in writing, and inform management why you want to meet. At the meeting, ask all pertinent questions. Contact your Local or Unit president with the details. Your Local leadership should contact the Labor Relations Specialist (LRS) or Occupational Safety and Health (OSH) Specialist in your CSEA area. Various laws require your employer to give you this information. 4

6 What are my employer s responsibilities? Your employer and/or building owner has many responsibilities under three New York State regulations that deal with asbestos. The New York State Public Employees Safety and Health (PESH) Bureau s Asbestos Standard for General Industry Asbestos Standard for the Construction Industry Asbestos Control Bureau Industrial Code Rule 56 (ICR 56) Both PESH and ICR are divisions of the New York State Department of Labor. Who do the regulations protect? All of the regulations are in place to protect different groups of people. These regulations are described in more detail further into this booklet along with employer and building owner responsibilities under these rules. The PESH Bureau s Asbestos Standard for General Industry protects workers that have the chance of exposure to asbestos fibers in the air because of their work activities in a fixed location. The Asbestos Standard for the Construction Industry protects workers that have the chance of exposure to asbestos fibers in the air and who work on construction sites. Industrial Code Rule 56 is intended to protect the public from exposure to airborne asbestos as a result of asbestos removal activities performed in any public building. 5

7 Advice for Activists Request a Labor-Management Meeting Your employer and/or building owner have many responsibilities under these laws. Request a labormanagement meeting to discuss the impacts of the project and to voice any concerns that you or your members may have. Find out who is doing the asbestos abatement, who is monitoring the project, and to which accredited lab they are sending the samples. You can always ask your Labor Relations Specialist or Occupational Safety and Health Specialist to attend the meeting. My employer or building owner is not planning to remove asbestos containing building material. Why not? Building owners are not necessarily required to remove asbestos containing building materials. When appropriate, building owners have the option of encapsulating, or safely containing, the asbestos containing building material and managing it in place. In some instances, it is safer to leave the asbestos where it is rather than remove it as long as it is managed correctly. What do employers or building owners have to do if they choose to manage asbestos in place rather than remove it? Building owners are required to determine the presence and location of asbestos in all buildings, regardless of whether they choose to remove it or not. Employers are required to inform employees that may come into contact with the asbestos containing materials of the locations, the types of asbestos with which they may come into contact, and to provide training to those employees. 6

8 How do I know it s asbestos? Your employer must label previously installed asbestos containing building materials, as well as all asbestos containing raw materials, mixtures, debris, scrap, or waste. Any regulated area must be posted with signs. Signs and labels must be placed where employees will see them. It is not feasible to label every floor tile, ceiling tile and wallboard; therefore, employers are not required to do so. Employers still must inform all workers that may disturb these materials of the presence and quantity of asbestos. Advice for Activists Your Rights for Information If you want to know if your employer has tested for asbestos, ask for the results in writing. You have the right to any environmental sampling completed at your place of employment. If any air or bulk sampling has been conducted, your employer must give you access to the results. OSHA Standard 29CFR is the federal law that requires employers to give you that information. Reference the law in your written request. What training do I need? If you are engaging in any housekeeping or maintenance activity and may come into contact with any asbestos containing building materials, you MUST be trained on the presence and location of the materials. Your employer must inform you about the health effects of asbestos, the specific nature of operations which could result in exposure to asbestos, protective measures in place, specific procedures to protect employees from exposure, and the use of protective equipment. 7

9 I don't work in the housekeeping or maintenance departments. Do I need training? In New York State, employers are required to inform employees about the potential hazards of toxic materials in the workplace that they are "routinely" exposed to under the Right-to-Know Law. (Should be add something that outlines the law?) Routine exposure is defined as "exposure which can be expected to occur in the course of employment as part of an employee's job duties or incidental thereto". The employer must identify the toxic substance, where you may come into contact it during the course of your employment, and what the health effects are. If asbestos containing materials is not present in the parts of the building that you occupy throughout your day, no training is required. What if I have not received training on the Right-to- Know Law or any other kind of asbestos training? If one person did not receive training then there is a good chance that other workers have not as well. There are typically a few reasons why you may not have had any training. There may not be any asbestos in your building or you may never come into contact with it in the course of your employment. Your employer did not realize that there was any asbestos containing building material initially and was not aware of the training requirements. Your employer is completely ignorant of the rule or outright ignores the rule. 8

10 Either way, this is a union issue. This must be addressed at a labor-management meeting. Your CSEA leadership should request a meeting with management, but first the union should do some preparation work on its own. Hold a general membership meeting and discuss the scope of the problem and get some specific examples. Survey the membership to determine who works with what and where. When you do meet with management, know specific job titles, the number of people involved, locations, and tasks that are of concern. Your LRS should be advised of the situation and can provide you with guidance. Your OSH Specialist can help you survey the membership and the workplace to help prepare for your meeting. Advice for Activists Be Prepared Never go into a labor-management meeting unprepared. Know everything you can about a problem before the meeting. Know who is affected, the number of affected individuals, the locations of the problem areas and what you want done about it. 1. Know your facts. 2. Have clear goals. 3. Identify acceptable solutions. 4. Fight for the best outcome. (See Fifteen Things a Union Leader Should Know at the end of this booklet.) Labor-management meetings have failed in the past. What now? If you have not done so already, contact your Labor Relations Specialist. There may be some bargaining issues or contractual violations. Appropriate grievances should be 9

11 filed. If the employer has shown an unwillingness to work with the union or just does not agree that they have any responsibilities, a PESH complaint should be filed. Complaints may be in writing or given verbally over the phone to your nearest Department of Labor district office. My employer is removing asbestos. How do I know if they are doing it right? If you can see what they are doing, then they are not doing it right. Asbestos removal must be completed in isolated and secure areas within a containment system. If you see workers in white suits and respirators, they are not following proper decontamination procedures. Asbestos removal must adhere to the requirements of New York State Code Rule 56. Notification must be given to the Department of Labor prior to removal of large amounts of asbestos and notice must be given to employees. Asbestos abatement workers must be licensed by New York State. The project must be monitored by a third party airsampling firm and all sampling results must be made available to all employees and their representatives. If you feel that your employer is not properly removing asbestos, inform your CSEA local leadership and your concerns should be brought to management's attention immediately. If they do not react in a satisfactory and timely manner, you may be forced to contact the NYS Department of Labor Asbestos Control Bureau. Call your nearest Department of Labor district office to speak with someone from the Asbestos Control Bureau. I have been exposed to asbestos. What should I do? First, report the exposure to your supervisor. Completely and accurately fill out an incident report. If your employer does not have incident or accident reports, 10

12 create your own form by neatly typing or writing any applicable details that you can think of. Document the date, time, location, and a brief description of the sequence of events that led to your exposure. Write down who else was present and anything else that is pertinent. Contact your shop steward and inform the union of your exposure and provide any documentation about the incident. Schedule an appointment with your personal physician and provide as much detail as possible. Retain copies of all reports and documentation related to the exposure for future use if necessary. What can I do with this information? Make sure you share the results of your efforts or the information you have obtained with your co-workers. This should be used as an opportunity to strengthen the union. Asbestos issues often affect multiple people and the results of your efforts should be communicated to the affected workers as soon as possible. MORE ABOUT THE RULES AND REGULATIONS Common Terminology Throughout this section, more specific information is provided on the requirements. Listed below are commonly used terms that are found throughout the regulations and are regularly by safety professionals. As employees, becoming familiar with these terms will help you to be better informed and to better communicate with your employer. ACM f/cc Asbestos Containing Material Fibers per cubic centimeter; exposure limit measurement 11

13 HEPA PACM PEL PESH TSI TWA High Efficiency Particulate Air (filter vacuum cleaners) Presumed Asbestos Containing Material Permissible Exposure Limit Public Employees Safety and Health Bureau Thermal System Insulation Time Weighted Average I want to know more about the PESH Asbestos Standard for General Industry. What are the requirements? Exposure Limits and Air Sampling Under the PESH Asbestos Standard for General Industry, the regulation: sets the permissible exposure limit (PEL) for asbestos fibers in the air at 0.1 asbestos fibers per cubic centimeter of air (f/cc) averaged over an eight-hour work shift. This is called the time weighted average (TWA); sets an excursion limit (the maximum exposure that an individual may have to a particular chemical) of 1.0 f/cc averaged over thirty minutes; requires the employer to perform air sampling to determine if workers are over-exposed to asbestos. It also requires that workers or their representatives be given the opportunity to observe the monitoring being performed. The employer must provide the results of the sampling to the employees within fifteen (15) days of the employer receiving the sample results. 12

14 Asbestos Work Areas In work areas where either of the exposure limits mentioned above is exceeded, the employer is required to: develop a written asbestos program to instruct workers on how this will work. restrict access to the area with the exception of workers who are trained and protected as required by the regulation. Those workers must be involved in a medical surveillance program; use equipment such as filtered tools and high efficiency particulate air (HEPA) filtered vacuum cleaners with adequate ventilation; wet the material during removal to reduce worker exposure. Dry removal is always prohibited. provide respiratory protection if the previous measures do not reduce the exposure below the PELs. In most cases, employers require the use of respirators regardless of the level of exposure. Where respirators are used, the employer must also establish a written respiratory protection plan. All entrances to an asbestos work area must be labeled to prevent non-asbestos authorized workers from entering. All bags of asbestos containing waste must be labeled to warn of the potential hazards. Worker Showers, Changing, and Eating Areas The employer must provide workers with a shower room, changing area and eating area that are outside the established asbestos work area. These areas must be separated so the workers are able to remove any asbestos contaminated work clothing and wash prior to eating or leaving the asbestos work area. 13

15 Information Requirements A S B E S T O S The regulation requires building owners to: treat thermal system insulation (TSI) and any sprayed-on or troweled-on materials as presumed asbestos containing materials (PACM) if the building was constructed before 1980 and has not already been tested; determine the presence, location and quantity of all ACM and PACM in their buildings and inform employees about the presence of the materials; post warning signs at entrances to areas, such as boiler and mechanical rooms, where employees are likely to encounter PACM and /or ACM. Employers must also label or mark any identified ACM. Training Requirements The employer must provide initial and annual awareness training for all employees and workers that are exposed above the PEL. The training must cover the following topics: health effects of asbestos; relationship between smoking and exposure to asbestos-producing lung cancer; quantity, location, and the job tasks that could result in exposure to asbestos; 14

16 engineering controls and work practices to prevent exposure; emergency and clean-up procedures, and personal protective equipment to be used; purpose and description of the medical surveillance program; content of the regulation and its appendices; names, addresses and phone numbers of public health organizations which provide information, materials, and/or conduct programs concerning smoking cessation; requirements for posting signs and affixing labels and their meaning. Housekeeping Operations The employer must provide initial and annual awareness training for workers who perform housekeeping operations in areas that contain ACM or PACM that covers: health effects of asbestos; locations of ACM and PACM in the building or facility; recognition of ACM and PACM damage and deterioration; legal requirements in this standard relating to housekeeping work; and proper response to asbestos releases. Building and Facility Maintenance The employer must provide initial and annual awareness training for workers who perform building and facility maintenance in areas that contain ACM or PACM. The following are the general requirements for building and facility maintenance workers. All surfaces must be kept free of asbestos containing debris and dust. 15

17 HEPA-filtered vacuuming equipment must be used for vacuuming asbestos- containing waste and debris and it must be emptied in a manner that minimizes the reentry of asbestos into the workplace. Sanding of asbestos-containing floor material is prohibited. Stripping of finishes on asbestos containing flooring must be done using wet methods and with low abrasion pads at speeds lower than 300 rpm. Burnishing or dry buffing can be performed only on asbestos-containing flooring that has sufficient finish so that the pad cannot contact the asbestoscontaining material. Waste, debris and accompanying dust in areas containing accessible ACM and/or PACM, or visibly deteriorated ACM, shall not be dusted, swept dry, or vacuumed without using a HEPA filter. Recordkeeping The employer is required to maintain the following records to document their asbestos program: all measurements taken to monitor employee exposure to asbestos. These records must be maintained for at least thirty (30) years; medical surveillance conducted for each worker. These records must be maintained for the duration of employment plus thirty (30) years; employee training records for one (1) year beyond the last date of employment for that employee. The employer must, upon request, make any exposure records available for examination and copying to affected employees, former employees, designated employee representatives and PESH inspectors. The employer must make employee medical records available for examination and copying by the subject employee and to anyone having the specific written consent of the subject employee. 16

18 I want to know more about the PESH Asbestos Standard for the Construction Industry. What are the requirements? The PESH regulations for General Industry (covered in the previous section) and the Construction Industry have some similarities; therefore, this section refers back to the General Industry section where the requirements are the same. Asbestos Work Classifications Asbestos work activities are classified into four types in the construction industry. Class I asbestos work involving the removal of TSI and surfacing ACM and PACM. Class II asbestos work involving the removal of ACM which are neither TSI nor surfacing material. This includes the removal of asbestos containing wallboard, floor tile and sheeting, roofing and siding shingles, and construction mastics. Class III - asbestos work involving repair and maintenance operations where ACM (including TSI, surfacing ACM, and PACM) is likely to be disturbed. Class IV - asbestos work involving maintenance and custodial activities during which employees contact, but do not disturb ACM or PACM, and activities to clean up dust, waste and debris resulting from Class I, II, and III activities. Exposure Limits and Air Sampling Same as the General Industry requirements. 17

19 Asbestos Work Areas A S B E S T O S Same at the General Industry requirements with these additions: All Class I, II and III asbestos work shall be conducted within asbestos work areas regardless of the exposure levels, using the class specific or material specific controls outlined in the regulation. Competent Person All construction-related asbestos work must be performed under the supervision of a competent person. A competent person is assigned by the employer and has the training and experience of being capable of identifying existing asbestos hazards in the workplace and selecting the appropriate protections for the workers. That person also has the authority to take prompt corrective measures to eliminate those hazards. In addition, for Class I and Class II work, the competent person must have completed a training course which meets the criteria of EPA's Model Accreditation Plan for an asbestos supervisor or its equivalent. For Class III and Class IV work, they must have completed a course in the EPA requirements for the training of local education agency maintenance and custodial staff. Regular inspections of the job site, materials and equipment must be made by a competent person. In addition to those inspections, frequent and regular inspections of the job sites must be made to meet the requirements outlined below. 18

20 For Class I jobs, on-site inspections shall be made at least once during each work shift, and at any time at the request of the workers. For Class II, III, and IV jobs, on-site inspections shall be made often enough to determine if working conditions have changed, and at any reasonable time at the request of the workers. For all Class I or II asbestos work, the competent person must perform or supervise the following portions of the project, as applicable: set-up of the regulated area, enclosure, or containment; inspect the integrity of the enclosure or containment; establish the procedures to control entry and exit from the enclosure; supervise all employee exposure monitoring required and ensure that it is performed properly; ensure through on-site supervision that employees set-up, use and remove engineering controls, required work practices and personal protective equipment; ensure that employees use the hygiene facilities and perform the decontamination procedures; ensure that through on-site inspection that engineering controls are functioning properly and employees are using proper work practices. Worker Showers, Changing and Eating Areas See the requirements for General Industry. 19

21 Information and Training Information Requirements: Employers shall identify the presence, location, and quantity of ACM, and/or PACM present before work areas containing ACM and PACM can begin. Employers must inform the following persons of the location and quantity of ACM and/or PACM present in the area and the precautions to be taken to insure that airborne asbestos is confined to the area: owners of the building/facility; employees who will perform the asbestos work; and employers of employees who work and/or will be working in adjacent areas. The employer that performed the asbestos work must inform the building/facility owner and employers of employees who work in the area of the location and quantity of PACM and/or ACM remaining in the area and the final monitoring results within 10 days of the completion of the asbestos work. All employers who discover ACM and/or PACM on a worksite shall convey information concerning the presence, location and quantity of such newly discovered ACM and/or PACM to the owner and to other employers of employees working at the work site within 24 hours of the discovery. The building owner must post warning signs at entrances to areas, such as boiler and mechanical rooms, where employees are likely to encounter ACM and /or PACM that remain in the building upon completion of the project. Employers must also label or mark any identified ACM. 20

22 Training Requirements Training for Class I and Class II operations that require the use of critical barriers (or equivalent isolation methods) and/or negative pressure enclosures must be the equivalent of the EPA Model Accreditation Plan (MAP) asbestos abatement workers training (40 CFR Part 763, subpart E, appendix C). For other Class II work that involves asbestos containing roofing materials, flooring materials, siding materials, ceiling tiles, or transite panels, the training must: be the same as required for General Industry and include the specific work practices and engineering controls specified in this regulation; and include "hands-on" exercises and be at least eight (8) hours in duration. 21

23 For Class II operations not involving asbestos containing roofing materials, flooring materials, siding materials, ceiling tiles, or transite panels, training must be provided and include: the requirements for General Industry and the specific work practices and engineering controls required for the project; and "hands-on" training exercises. For Class III operations, the training must be the equivalent of the EPA requirements for training of local education agency maintenance and custodial staff in 40 CFR (a)(2). The training must include "hands-on" exercises and be at least 16 hours in duration. For Class IV operations, training shall be consistent with EPA requirements for training of local education agency maintenance and custodial staff in 40 CFR (a)(1). The training must be at least two (2) hours in duration and must include: available information concerning the locations of TSI and surfacing ACM and/or PACM, and asbestos containing flooring material or flooring material where the absence of asbestos has not yet been determined; and instruction in recognition of damage, deterioration, and detaching of asbestos containing building materials. Employees working with more than one of the established work classes must receive training in the work practices applicable to each category of material that the employee removes and each removal method that the employee uses. 22

24 Employees exposed above the PEL that are not included in the above requirements must be provided the same training as specified in the General Industry requirements. All training must be provided to workers before they begin performing asbestos work and annually thereafter. Building and Facility Maintenance Same as the requirements for General Industry. Recordkeeping Same as the requirements for General Industry. I want to know more about New York State Code Rule 56. What are the requirements? Definitions Many of the requirements of this regulation are based upon how much asbestos will be involved, described in either linear feet or square feet. Here are the definitions of asbestos project sizes given in the regulation: A large asbestos project = 160 square feet or more or 260 linear feet or more. A small asbestos project = 10 square feet or more and less than 160 square feet or 25 linear feet or more and less than 260 linear feet. This regulation uses the same asbestos work class definitions as the PESH Construction Industry Asbestos Standard. 23

25 Licensing, Certification, and Training All business entities that disturb asbestos in New York State are required to have a contractor s license issued by the New York State Department of Labor. All workers who perform asbestos-related work must have a certificate from the NYS Department of Labor for the specific kinds of activities they perform. There are nine types of certificates issued: Asbestos Handler (Worker) Certificate is for any person that removes, encapsulates, encloses, repairs or disturbs friable or non-friable asbestos, or who handles asbestos material in any manner which may result in the release of asbestos fibers, and whose duties are not otherwise described in the other certificate descriptions. Restricted Asbestos Handler Certificate (Allied Trades Certificate) is for any person performing any limited or special tasks in preparation for, or in relation to, an asbestos project, such as a carpenter, electrician, plumber or similar occupation. Asbestos Project Air Sampling Technician Certificate is for any person who performs asbestos project-related air sampling. Inspector Certificate is for any person who performs asbestos surveys to identify and assess the condition of asbestos and asbestos materials including the collection of bulk samples of suspect asbestos materials. Operations and Maintenance Certificate is for any person who performs operations, maintenance, and repair activities that may disturb minor quantities of asbestos 24

26 material. Operation and maintenance certification permits the holder to perform only OSHA Class III asbestos work on minor asbestos projects. These minor asbestos projects must be associated with repairs required in the performance of emergency or routine maintenance activity and is not intended solely as asbestos abatement. Supervisor Certificate is for any person who performs supervision of persons permitted to enter asbestos work areas and regulated abatement enclosures and is responsible to perform duties of the OSHA competent person for the asbestos project consistent with current PESH Construction Industry regulations. Project Designer Certificate is for any person who plans the scope, timing, phasing and remediation methods to be utilized on any asbestos project. Project Monitor Certificate is for any person other than the Supervisor, who oversees the scope, timing, phasing and/or remediation methods to be utilized on any asbestos project. Management Planner Certificate is for any person who assesses the hazards posed by the presence of asbestos containing materials and recommends appropriate response actions to manage those materials. All individuals present on an asbestos project are required to have their current certificate with them whenever they are performing their duties. In order to obtain these certificates, the individual must complete an initial training course, pass a test, and complete annual refresher training similar to the EPA's Model Accreditation Plan (40 CFR 763) as specified for their work activities. 25

27 Recordkeeping and Notice A S B E S T O S Every asbestos contractor shall maintain for at least thirty (30) years a record of each asbestos project in which the asbestos contractor engages. A record must include the following information: name, address, social security number and asbestos certificate number of the person who supervised the asbestos project; location and description of the asbestos project; amount of asbestos or asbestos containing material that was removed, enclosed, encapsulated, repaired, disturbed or handled; commencement and completion date of the asbestos project; name, address, and asbestos handling license number of the air sampling asbestos contractor that was used for the project; name, address and current NYS Environmental Laboratory Approval Program (ELAP) registration number of the laboratory that was used for air sample analysis on the project; name, address, and asbestos handling license number of the project monitoring asbestos contractor that was used on the project; name and address of the deposit or waste disposal site or sites where the asbestos waste material was deposited or disposed; name and address of any sites that were used for the interim storage of asbestos or asbestos waste materials prior to final deposit or disposal; and name and address of any transporters that were used to transport asbestos or asbestos containing material; name, address, social security number and asbestos license or certificate number of all persons who were engaged on that portion of the asbestos project for which the asbestos contractor had responsibility; 26

28 a copy of the asbestos abatement supervisor s daily project log. The contractor and building owner are required to give a 10-day notice to the NYS Asbestos Control Bureau and to any residential or business occupants of the building where the project will be performed prior to performing a large asbestos project. A 3-day notice may be given only to the building occupants for small and minor size projects. The notices must be posted for the duration of the project. Air Sampling All air sampling must be collected in accordance with the methods described in the regulation. The air samples required are determined by the size of the project. Large Projects: Sampling is required prior to the project, during the construction of the project enclosure, during the removal activities, and for final clearance before the enclosure can be dismantled. Small Projects: Sampling is required prior to the project and for final clearance before the enclosure can be dismantled. Minor Projects: Air sampling is not required for this rule but is required for the PESH regulations. If air samples collected outside the enclosure show airborne fiber concentrations at or above 0.01 f/cc or the established background level, whichever is greater, work must stop immediately for inspection and repair of barriers and negative air ventilation systems. Clean-up of surfaces outside of the regulated abatement work area using HEPAvacuums and wet cleaning methods must be performed prior to resumption of project activities. 27

29 Asbestos Building Survey A S B E S T O S The building owner must have an asbestos survey completed by a licensed asbestos contractor using certified inspectors to determine whether or not the building or parts of the building to be demolished, renovated, remodeled, or in need of repair work contains asbestos materials. This asbestos survey must be completed prior to the start of the project. Asbestos surveys are not required for the following buildings or structures: agricultural buildings; buildings or structures constructed on or after January 1, 1974; structures certified in writing to be structurally unsound by a licensed Professional Engineer, Registered Architect, Building Inspector, or Fire Inspector. Project Procedures This regulation has detailed procedures for the performance of each portion of an asbestos project based upon the size of the project. The result of these procedures is to isolate the project enclosure from the remainder of the building to prevent the migration of airborne asbestos fibers into other parts of the building. Performed correctly, it is safe and allowed for the other portions of the building to be occupied as the project is being performed. 28

30 RESOURCES AND WEBSITES PESH (New York State Public Employee Safety and Health Bureau) h/dosh_pesh.shtm Asbestos Control Bureau and New York State Code Rule 56 h/dosh_asbestos.shtm General Industry Construction Industry EPA OSHA 29

31 Fifteen Things Every Union Leader Should Know About Safety and Health Programs 1) The twin goals of a union safety and health program are to improve working condition and to build the union. They are equally important. In fact, you can t do either one well unless you do both. 2) Management has different goals, even enlightened management. They may care about safety in its own right, but are probably more concerned about workers compensation costs and building the union is never one of management s goals. 3) What you do with the employer on safety and health is a form of collective bargaining. Even if you don t see it that way, they do. 4) Safety and health isn t a technical issue. Technical knowledge helps, but there are plenty of places to get technical information. Strategy and organization are much more important. 5) Every local union needs a union safety and health committee. You should set one up even if you don t have a joint safety and health committee. You don t need the employer s permission to establish a union committee. 6) It s also good to have a joint safety and health committee with representatives from the union and from management. The joint committee is a good way to resolve safety and health problems. 7) Even if you have a joint committee, you still need a union committee. The union committee can be comprised of union representative on the joint committee, or a larger group. 8) The union members of the joint committee should meet by themselves as often as they meet with 30 34

32 management. You need separate meetings to set union priorities and plan strategy. Can you imagine what would happen if your negotiating committee met only with the employer at contract time and never by itself? 9) You should never, ever, allow the employer to appoint your safety and health representatives, to veto the union s choices, or dismiss your representatives from their union positions. Never. Ever. 10)Union safety and health representatives should think of themselves as organizers who promote safety and health in a way that builds the loyalty and commitment of your membership. That means involving the membership whenever you can. It also means good communication with your membership, both written and by word of mouth. 11)Behavior contributes to some accidents, but hazards are the cause of all of them. It s easier to fix hazards than to change human nature. 12)Safety programs that focus on behavior tells our members that they are the problem when, in fact, our members and their union are the solution. 13)The best way to find hazards is for union safety and health representatives to talk to every worker about his or her job, and how to make it safe and easier. It s even better to enlist that member in pushing for improvements. 14)And what s the best way to build the union through safety and health? See #13 15)You re not alone. You have lots of resources through CSEA. Every CSEA region has an Occupational Safety and Health Specialist. CSEA offers union safety and health committee training and labor/management committee training. Adapted from the United Steelworkers of America 31

33 NOTES