I. Policy and Scope
This policy provides guidelines and procedures necessary to ensure that all asbestos abatement projects on campus are conducted in accordance with NY State Industrial Code Rule 56 and applicable local regulations.
The Office of Capital Planning (OCP), in conjunction with the Facilities Department (Facilities) and the State University of New York Construction Fund (SUCF), will provide oversight for the project ensuring compliance with the applicable asbestos regulations.
OCP, Facilities and SUCF shall monitor the project and conduct routine inspections of the abatement as it progresses. Facilities, in consultation the College’s Environmental Health & Safety (EH&S) Officer, shall be responsible for regulatory agency correspondence as it relates to asbestos projects.
OCP, Facilities and SUCF will make every effort to limit any inconvenience while making these necessary upgrades to our facilities and take every precaution to ensure the safety of employees and workers.
Only contractors in possession of a valid asbestos-handling license issued by NYSDOL shall be permitted to engage in asbestos projects at the College. Any person employed by a contractor on an asbestos project shall have an appropriate asbestos handling certificate or a copy thereof in his/her possession at all times during his/her work on the project. No work involving the removal, encapsulation, enclosure and repair, disturbance of Presumed Asbestos Containing Material (PACM) shall be undertaken unless laboratory analysis of the material indicates that it does not contain asbestos. Alternatively, the Facilities Department may assume the PACM to be Asbestos Containing Material (ACM) and handle it in accordance with the requirements for asbestos abatement.
Old Westbury employees are restricted from asbestos project work areas unless they are authorized (e.g., EH&S, Site Operations, Facilities and Emergency personnel). Old Westbury personnel authorized to enter asbestos work areas shall be in possession of a valid asbestos handling certificate issued by NYSDOL. Prior to the commencement of work involving asbestos abatement or disturbance, the project engineer, job coordinator, or construction manager shall notify OCP and Facilities. The Contractor’s staff (e.g., engineer or construction manager), shall immediately notify OCP of instances of noncompliance with regulatory or SUNY Old Westbury requirements by asbestos contractors or consulting firms working on asbestos projects.
The OCP shall immediately notify the Facilities Department and the College’s EH&S Officer whenever airborne fiber concentrations at or above the permissible fibers per cubic centimeters of air are detected outside of a contained work area by phase contrast microscopy. In the event that fiber concentrations at or above this level are detected, the procedure for obtaining transmission electron microscopy analysis of the affected sample(s) shall be conducted.
The following rules and regulations governing asbestos abatements were used in preparing this policy:
- NYS Department of Labor’s Industrial Code Rule 56 (ICR-56) regulations which address the proper identification, handling, removal, and disposal of ACM in buildings.
- Federal Occupational Safety and Health Administration (OSHA) regulations which address both in-house and Contractor worker protection and notification.
- Federal Environmental Protection Agency (EPA) regulations under the Asbestos Hazard Emergency Response Act (AHERA), National Emissions Standards for Hazardous Air Pollutant regulations (NESHAPS), and the Toxic Substances Control Act (TSCA).
- State University of New York Construction Fund and SUNY College at Old Westbury policies and procedures.
- The entire text of NYS Department of Labor’s Industrial Code Rule 56 (ICR-56) can be found at: https://labor.ny.gov/workerprotection/safetyhealth/Links/CR56.htm#_Toc123460649 .
V. Review and Approval
This policy was prepared by the Division of Business & Finance and reviewed by the Director of the Office of Capital Planning and the Director of Facilities prior to Presidential approval.