Current through Register Vol. 46, No. 12, March 20, 2024
(a)
A person who has successfully completed one or more of the following may submit
training and/or academic information to the Department of Health for a
determination of training equivalency:
(1) an
Environmental Protection Agency approved asbestos safety training program given
in New York State prior to September 3, 1987 for asbestos handler, March 10,
1989 for inspector, and December 19, 1990 for other AHERA disciplines, provided
the individual has maintained the certification through annual refresher
training; or
(2) an approved
asbestos safety training program accredited in a state which has an
accreditation program that prior to April 4, 1994, met or exceeding the
requirements of the Asbestos Hazard Emergency Response Act or, on or after
April 4, 1994, met or exceeded the requirements of the Asbestos School Hazard
Abatement Reauthorization Act model accreditation plan and which has the
administrative capability to audit the training program, provided the
individual has maintained all appropriate refresher training; or
(3) academic course work in environmental
science, industrial hygiene, analytical chemistry or a closely related field.
This shall not include any course work completed as part of an asbestos safety
training program; or
(4) a
combination of paragraphs (1), (2) and/or (3) of this section and/or a
Department of Health approved asbestos safety training program and/or part of
one or more Department of Health approved asbestos safety training programs. An
individual may apply for a determination that the course and/or training
program was substantially equivalent to an approved asbestos safety training
program pursuant to this Part. Applications may be made to the department and
at least the following information shall be submitted:
(i) date and location of the course or
program attended;
(ii) name and
address of the course or program provider;
(iii) a schedule or outline of the course or
program indicating the subject matter that was presented and the amount of time
devoted to each subject; and
(iv) a
written indication by the course provider or program provider that the
individual had satisfactorily completed all requirements of the course or
program.
(b)
The Department of Health shall determine whether the course and/or program
substantially meets the criteria specified in sections
73.5
and/or 73.6 of this Part and may determine that the course and/or program is
either:
(1) not equivalent to an approved
program; or
(2) substantially
equivalent.
The department may communicate directly with the course
and/or program provider concerning any aspect of the applicant's prior
training.
(c) A
person who has successfully completed an asbestos safety training program for
inspector and was certified as required by the New York City Department of
Environmental Protection on or before September 1, 1989 is considered to have
met training requirements equivalent to the training requirements for inspector
contained in this Part.