Violations of any provision of the labor law, the industrial Code, or any rule, or regulation, or lawful order of the Department of Labor is a misdemeanor and is punishable by fine or imprisonment, or both.
Subpart 56- 1 General Provisions
56-1.1 Title and citation. Within and for the purposes of the Department of Labor, this Part may be known as industrial Code Rule 56, relating the hazards of the public safety and health, during the removal, encapsulation, enclosure, repair, or the disturbance of friable and non-friable asbestos, or any handling of asbestos material that may result in the release of asbestos fiber. It may be cited as Rule 56 Asbestos as an alternative and without prejudice to its designation and citation established by the Secretary of State.
56-1.2 Purpose and Intent of Part
(a) Legislative Concern. The legislature has declared that exposure to asbestos fibers, a known carcinogenic agent, creates a serious risk to the public safety and health, and that the public is more frequently exposed to these risks as an increasing number of rehabilitation, reconstruction and demolition projects on buildings or structures containing asbestos or asbestos materials.
(b) Purpose and Intent. It is the purpose and intent of this part to reduce the risks to the public associated with exposure to Asbestos and to conform to Federal requirements set forth in the Asbestos Hazard Emergency Response Act (AHERA), National Emission Standards for Air Pollutants (NESHAP) and Occupational safety and Health Administration (OSHA) Asbestos Standard for the Construction Industry, by requiring appropriate training and certification of persons employed in all aspects of an asbestos project, as well as those who supervise and employ them,; by requiring the licensing of asbestos contractors; by setting forth standards and procedures that should be followed when removing, enclosing, encapsulating, repairing, or disturbing friable or non-friable asbestos or handling asbestos or asbestos fiber; by notification of the Department of Labor prior to commencement of large asbestos projects; by requiring notification of building/structure occupants; by requiring asbestos surveys; by setting forth record-keeping and reporting requirements for asbestos contractors; and by establishing an inspection and enforcement program within the Department of Labor.
56-1.3 Application. This part shall apply throughout the State of New York to State, any political subdivision of the State, public authorities, or any other government agencies or instrumentalities there of, self- employed persons, companies, unincorporated associations, firms, partnerships or corporations, and any owners or operators thereof, which engage in an asbestos project, retain sub-contractors to engage in an asbestos project, or employ persons in the conduct of any phase of an asbestos project, including planning, design, monitoring, sampling, inspection, or actual abatement. This plan shal not apply to;
(a) owner-occupied single family dwellings, where the owner performs the work.
(b) the manufacture of asbestos or asbestos material, or to manufacturing processes involving the use of asbestos or asbestos material