New York Asbestos laws & safety compliance analysis

New York Asbestos : What you need to know

  • Rules. In New York, DEC has incorporated by reference the asbestos NESHAP and has developed regulations governing the disposal of asbestos-containing material (ACM) in solid waste landfills. Federal Occupational Safety and Health Administration (OSHA) rules protecting the health and safety of employees have been adopted by DOL. In addition, DOL has established regulations for asbestos abatement projects in the state, including licensing and certification requirements. The DOL regulations work in conjunction with the DOH standards for implementing and conducting asbestos training programs. The State Education Department addresses asbestos concerns in schools and follows the federal requirements of the federal Asbestos Hazard Emergency Response Act (AHERA). New York City local regulations require any building owner planning renovation or modification to determine the presence of ACM. An abatement plan must be developed for all identified ACM. New York City DEP establishes training requirements for various occupational categories of asbestos workers within the five boroughs of New York City.
  • Administration and enforcement. New York State's DOL, DOH, and DEC, as well as New York City DEP, administer and enforce asbestos regulations. The New York State Education Department administers the requirements of the federal AHERA in schools within the state.

    Building owners who contract for asbestos abatement work or use their own employees for abatement projects are responsible for compliance with all federal, state, and local regulations. Schools should contact the New York State Education Department regarding compliance with the federal statutes.

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