

Chief State Medical Examiner
Asbestos is a category of fibrous minerals that were widely used in industry and commercial building products for their durable properties. It is this durability combined with its ability to penetrate deep into the lung which makes it so hazardous to human health. Asbestos fibers enter the body by being breathed in or by being swallowed and can become lodged in the respiratory or digestive systems. Exposure to asbestos can cause many disabling or fatal diseases; these diseases take years to develop.
Among these diseases is asbestosis, a chronic lung disease characterized by lung scarring which stiffens the lung. This interferes with normal lung function, resulting in shortness of breath, increased vulnerability to lung infections, and sometimes death. Occupational exposure to asbestos increases the risk of lung and gastrointestinal cancer and mesothelioma. Mesothelioma is a cancerous tumor that spreads rapidly in the membranes covering the lungs and body organs.
Because of the serious health effects that exposure to asbestos can cause, the handling of asbestos-containing materials is regulated in New Jersey. Several different state agencies regulate asbestos as follows:
STATE AGENCY | RESPONSIBILITIES | CONTACT INFO |
NJ Department of Health (NJDOH) - Indoor Environments Program |
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Website Phone: (609) 826-4950 Fax: (609) 826-4975 |
NJ Department of Labor & Workforce Development (NJDLWD) – Asbestos Control and Licensing Section |
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Website Phone: (609) 633-2159 Fax: (609) 633-0664 |
NJ Department of Community Affairs (DCA) – Asbestos/Lead Unit |
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Website Phone: (609) 633-6224 Fax: (609) 633-1040 |
NJ Department of Environmental Protection (NJDEP) |
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Website Phone: (609) 633-1418 Fax: (609) 633-1112 |
NJ Department of Health (NJDOH) – Public Employees Occupational Safety and Health (PEOSH) Program |
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Website Phone: (609) 984-1863 Fax: (609) 984-2779 |
In the construction industry, asbestos is found in installed products such as shingles, floor tiles, cement pipe and sheet, roofing felts, insulation, ceiling tiles, fire-resistant drywall, and acoustical products. Very few asbestos-containing products are currently being installed. Consequently, most worker exposures occur during the removal of asbestos and the renovation and maintenance of buildings and structures containing asbestos.
Jobs Covered by the Standard |
The Standard regulates asbestos exposure for the following activities: |
Demolishing or salvaging structures where asbestos is present |
Removing or encapsulating asbestos-containing materials |
Constructing, altering, repairing, maintaining, or renovating asbestos-containing structures or substrates |
Installing asbestos-containing products |
Cleaning up asbestos spills/emergencies |
Transporting, disposing, storing, containing, and housekeeping involving asbestos or asbestos-containing products on a construction site |
The requirements of the Standard*are summarized in the following table:
*see also Frequently Asked Questions section for more information on Class 1 through 4 asbestos work.
Classification | Class 1 | Class 2 | Class 3 | Class 4 |
Definition | Removal of thermal system insulation (TSI) and surfacing materials (SM) | Removal of all other asbestos not TSI or SM | Maintenance and repair operations disturbing asbestos-containing materials | Housekeeping and custodial operations (including construction site clean-up) |
Regulated Areas | Required (signs required) | Required (signs required) | Required (signs required) | Required (signs required) |
“Competent Person” | Required on-site
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Required on-site
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Required on-site
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Required on-site
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Air Monitoring |
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Medical Surveillance | Required if:
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Required if:
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Required if:
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Required if:
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Respirators | Mandatory for Class 1 jobs | Mandatory if:
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Half-mask air-purifying respirator minimum if:
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Mandatory if:
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Protective Clothing and Equipment | Required for all jobs if:
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Required for all jobs if:
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Required for all jobs if:
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Required for all jobs if:
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Training | Equivalent to Asbestos Hazard Response Act (AHERA) worker course | Equivalent to AHERA worker course or specific work practices if removing one ACM only | Equivalent to AHERA operations and maintenance courses | Equivalent to AHERA Awareness Training |
Decontamination Procedures | If >25 linear or 10 square feet TSI or SM removal:
If < 25 linear or 10 square feet TSI or SM removal or >PEL or no NEA:
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If > PEL or no NEA:
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If > PEL or no NEA:
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If > PEL or no NEA:
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Required Work Practices and Engineering Controls |
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Required Work Practices and Engineering controls to Comply with Permissible Exposure Limit (PEL) |
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Prohibited Work Practices and Engineering Controls |
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Controls and Work Practices |
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For indoor work only:
If > PEL, must use:
For removal of vinyl and asphalt flooring materials:
For removal of built-up roofing materials or asbestos-cement shingles:
For removal of cementitious siding, shingles or transite panels:
For removal of gaskets:
Additional requirements:
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Enclosure or isolation ofoperation required if:
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See Required Work Practices and Engineering controls |
Q: What are the requirements for exposure assessments?
A: Employers must assess asbestos operations for the potential to generate airborne fibers. Employers must use exposure monitoring data to assess employee exposures.
Initial Exposure Assessments
The designated "competent person" must assess exposures immediately before or as the operation begins to determine expected exposures. The assessment must be done in time to comply with all standard requirements triggered by exposure data or the lack of a negative exposure assessment and to provide the necessary information to ensure all control systems are appropriate and work properly.
The initial exposure assessment must be based on the following:
Negative Exposure Assessments
For any specific asbestos job that trained employees perform, employers may show that exposure will be below the PEL by performing an assessment and confirming it with the following data:
Q: What are the requirements for air monitoring?
A: Requirements are as follows:
Exposure Monitoring
Periodic Monitoring
Additional Monitoring
Additional monitoring is required when changes in processes, control equipment, level of personnel experience, or work practices result in exposures above the PEL or EL.
Q: What is required in a regulated area?
A: A regulated area is a marked-off site where employees work with asbestos, including any adjoining area(s) where debris and waste from asbestos work accumulates or where airborne concentrations of asbestos exceed or can possibly exceed the PEL.
All Class 1, 2, and 3 asbestos work or any other operations where airborne asbestos exceeds the PEL must be done within regulated areas. Only authorized personnel may enter. The designated "competent person" supervises all asbestos work performed in the area.
Employers must mark off the regulated area in any manner that minimizes the number of persons within the area and protects persons outside the area from exposure to airborne asbestos. Critical barriers or negative-pressure enclosures may mark off the regulated area. Posted warning signs demarcating the area must be readable and understandable. The signs must bear the following information:
DANGER ASBESTOS Cancer and Lung Disease Hazard Authorized Personnel Only Respiratory and Protective Clothing are Required in this Area.
Employers must supply an appropriate respirator and protective clothing to all persons entering regulated areas.
Employees must not eat, drink, smoke, chew tobacco or gum, or apply cosmetics in regulated areas.
An employer performing work in a regulated area must inform other employers on-site of the:
The contractor creating or controlling the source of asbestos contamination must abate the hazards. All employers with employees working near regulated areas must assess each day the enclosure's integrity or the effectiveness of control methods to prevent airborne asbestos from migrating.
A general contractor on a construction project must oversee all asbestos work, even though he or she may not be the designated "competent person." As supervisor of the entire project, the general contractor determines whether asbestos contractors comply with the standard and ensures they correct any problems.
Q: What control methods are in the standard?
A: For all covered work, employers must use the following control methods to comply with the PEL and EL:
Employers must use the following engineering controls and work practices for all operations regardless of exposure levels:
The following work practices and engineering controls are prohibited for all asbestos-related work or work that disturbs asbestos or presumed asbestos-containing materials, regardless of measured exposure levels or the results of initial exposure assessments:
In addition, the Asbestos Standard for Construction establishes specific requirements for each class of asbestos work in construction.
A designated "competent person" must supervise all Class 1 work, including installing and operating the control system. Employers must place critical barriers over all openings to regulated areas or use another barrier or isolation method to prevent airborne asbestos from migrating for:
Otherwise, employers must perform perimeter area surveillance during each work shift. No asbestos dust should be visible. Perimeter monitoring must show that clearance levels are met (as contained in 40 CFR 763, Subpart E of the "EPA Asbestos in Schools" rule) or that perimeter area levels are no greater than background levels.
For all Class 1 jobs:
In addition, employees performing Class 1 work must use one or more of the following control methods (For the specifications, limitations, and recommended work practices of these required control methods, refer to the Asbestos Standard for Construction, 29 CFR 1926.1101.):
Employers may use different or modified engineering and work practice controls if the following provisions are met:
The "competent person" must supervise all Class 2 work. Employers must use critical barriers over all openings to the regulated area or another barrier or isolation method to prevent airborne asbestos from migrating for:
Otherwise, employers must perform perimeter area monitoring to verify that the barrier All Class 2 asbestos work can use the same work practices and requirements as Class 1 asbestos jobs. Alternatively, Class 2 work can be performed more easily using simple work practices set out in the standard for specific jobs.
For removing vinyl and asphalt flooring materials containing asbestos or installed in buildings constructed before 1981 and not verified as asbestos-free, employers must ensure that employees:
To remove asbestos-containing roofing materials, employers must ensure that employees:
When removing cementitious asbestos-containing siding and shingles or transite panels, employers must ensure that employees:
When removing asbestos-containing gaskets, employers must ensure that employees:
For removal of any other Class 2 asbestos-containing material, employers must ensure that employees:
Employers may use different or modified engineering and work practice controls if:
Employers must use wet methods and local exhaust ventilation, when feasible, during Class 3 work.
Where drilling, cutting, abrading, sanding, chipping, breaking, or sawing thermal system insulation or surfacing materials occurs, employers must use impermeable dropcloths as well as mini-enclosures, glove bag systems, or other effective isolation methods. Where a negative exposure assessment does not exist or monitoring shows the PEL is exceeded, employers must contain the area with impermeable dropcloths and plastic barriers or other isolation methods and ensure that employees wear respirators.
Employees conducting Class 4 asbestos work must have attended an asbestos awareness training program.
Employees must use wet methods and HEPA vacuums to promptly clean asbestos-containing or presumed asbestos-containing debris. When cleaning debris and waste in regulated areas, employees must wear respirators.
In areas where thermal system insulation or surfacing material is present, employees must assume that all waste and debris contain asbestos.
Q: What are the respiratory protection requirements?
A: Respirators must be used during:
Employers must provide respirators at no cost to employees, selecting the appropriate type from among those approved by the Mine Safety and Health Administration (MSHA) and NIOSH.
For all employees performing Class 1 work in regulated areas and for jobs without a negative exposure assessment, employers must provide full facepiece supplied-air respirators operated in pressure-demand mode and equipped with an auxiliary positive-pressure, self-contained breathing apparatus.
Employers must provide half-mask purifying respirators-- other than disposable respirators-equipped with high-efficiency filters for Class 2 and 3asbestos jobs without a negative exposure assessment and for Class 3 jobs where work disturbs thermal system insulation or surfacing asbestos-containing or presumed asbestos-containing materials.
If a particular job is not covered above and exposures are above the PEL or EL, the Asbestos Standard for Construction, 29 CFR 1926.1101 contains a table specifying types of respirators to use.
Employers must institute a respiratory program in accordance with the Respiratory Protection Standard, 29 CFR 1910.134. Employers must permit employees using filter respirators to change the filter elements when breathing resistance increases; employers must maintain an adequate supply of filters for this purpose. Employers must permit employees wearing respirators to leave work areas to wash their faces and respirator facepieces as necessary to prevent skin irritation.
Employers must ensure that the respirators issued have the least possible facepiece leakage and fit properly. For employees wearing negative-pressure respirators, employers must perform either quantitative or qualitative face fit tests with the initial fitting and at least every 6 months following. The qualitative fit tests can be used only for fit testing of half-mask respirators where they are permitted or for full facepiece air-purifying respirators where they are worn at levels where half facepiece air-purifying respirators are permitted. Employers must conduct qualitative and quantitative fit tests in accordance with Occupational Exposure to Asbestos (29 CFR 1926.1001, Appendix C) and use the tests to select facepieces that provide the required protection.
Employers must not assign any employee, who based on the most recent physical exam and the examining physician's recommendations would be unable to function normally, to tasks requiring respirator use. Employers must assign such employees to other jobs or give them the opportunity to transfer to different positions in the same geographical area and with the same seniority, status, pay rate, and job benefits as before transferring, if such positions are available.
Q: What protective clothing is needed?
A:Employers must provide and require the use of protective clothing such as coveralls or similar whole-body clothing, head coverings, gloves, and foot coverings for:
Employers must launder contaminated clothing to prevent the release of airborne asbestos in excess of the PEL or EL. Any employer who gives contaminated clothing to another person for laundering must inform him or her of the contamination.
Employers must transport contaminated clothing in sealed, impermeable bags or other closed impermeable containers bearing appropriate labels.
The "competent person" must examine employee worksuits at least once per workshift for rips or tears. Rips or tears found while the employee is working must be mended or replaced immediately.
Q: What hygiene facilities and practices are required?
A: Decontamination requirements for Class 1 asbestos work are:
Decontamination requirements for other Class 1, Class 2 and Class 3 asbestos work without a negative exposure assessment and where exposures exceed the PEL are:
Decontamination requirements for Class 4 work require that employers must ensure employees performing Class 4 work within a regulated area comply with the hygiene practices required of employees performing work with higher classifications in that regulated area. Otherwise, employees cleaning up thermal system insulation or asbestos-containing debris must use decontamination facilities required for Class 2 and 3 work where exposure exceeds the PEL or no negative exposure assessment exists.
Employers must ensure that employees performing any class of asbestos work do not smoke in any work area with asbestos exposure.
Q: What information and training is required?
A:The communication of potential asbestos exposure hazards is vital to prevent exposure. Communication is accomplished through several methods, including communication with other employers, signs, labels, and formal training.
Communication with Other Employers
Most asbestos-related construction involves previously installed building materials. Building owners often are the only or best source of information concerning these materials. The owners and employers of potentially exposed employees have specific duties under the standard.
Before beginning work, building owners must identify at the work site all thermal system insulation, sprayed or troweled-on surfacing materials in buildings, and resilient flooring material installed before 1981. Building owners also must notify, in writing, the following persons of the presence, locations, and quantity of asbestos-containing or presumed asbestos-containing materials:
All employers discovering asbestos-containing materials on a worksite must notify the building owner and other employers on-site within 24 hours of its presence, location, and quantity.
Employers also must inform building owners and employees working in nearby areas of the precautions taken to confine airborne asbestos. Within 10 days of project completion, employers must inform building owners and other employers on-site of the current locations and quantity of remaining asbestos-containing materials and any final monitoring results. At any time, employers or building owners may demonstrate that a presumed asbestos-containing material does not contain asbestos by inspecting the material (conducted according to the requirements of the Asbestos Hazard Response Act (AHERA)(40 CFR 763, Subpart E) and by performing tests to prove asbestos is not present.
Employers do not have to inform employees of asbestos-free building materials present; however, employers must retain the information, data, and analysis supporting the determination.
Labels
Employers must attach warning labels to all products and containers of asbestos, including waste containers, and all installed asbestos products, when possible. Labels must be printed in large, bold letters on a contrasting background and used in accordance with the New Jersey Worker and Community Right to Know Act, N.J.S.A. 34:5A-1 et seq.
All labels must contain a warning statement against breathing asbestos fibers and contain the following legend:
DANGER Contains Asbestos Fibers Avoid Creating Dust Cancer and Lung Disease Hazard
Labels are not required where asbestos is present in concentrations less than 1 percent by weight, or a bonding agent, coating, or binder has altered asbestos fibers, prohibiting the release of airborne asbestos over the PEL or EL during reasonable use, handling, storage, disposal, processing, or transportation.
When building owners or employers identify previously installed asbestos or presumed asbestos-containing materials, labels or signs must be attached or posted to inform employees which materials contain asbestos. Attached labels must be clearly noticeable and readable.
Employee Information and Training Requirements
Employers must, at no cost to employees, provide a training program for all employees installing and handling asbestos-containing products and for employees performing Class 1 through 4 asbestos operations. Employees must receive training prior to or at initial assignment and at least annually thereafter.
Training courses must be easily understandable for employees and must inform them of:
The employer also must provide, at no cost to employees, written materials relating to employee training and self-help smoking cessation programs.
Additional Training Based on Work Class
For Class 1 and 2 operations, training must be equivalent in curriculum, method, and length to the EPA Model Accreditation Plan (MAP) asbestos abatement worker training (40 CFR 763, Subpart E, Appendix C). For employees performing Class 2 operations involving one generic category of building materials containing asbestos (for example, roofing, flooring, siding materials or transite panels), training may be covered in an 8-hour course that includes "hands-on" experience.
For Class 3 operations, training must be equivalent in curriculum and method to the 16-hour "Operations and Maintenance" course developed by EPA for maintenance and custodial workers whose work disturbs asbestos-containing materials (40 CFR 763.92). The course must include "hands-on" training on proper respirator use and work practices.
For Class 4 operations, training must be equivalent in curriculum and method to EPA awareness training. Training must focus on the locations of asbestos-containing or presumed asbestos-containing materials and the ways to recognize damage and deterioration and avoid exposure. The course must be at least two hours in length. Employers must provide the PEOSH with all information and training materials as requested.
Q: How can training be arranged?
A: Required training can be obtained through a number of sources. Private consultants or other means of obtaining required training may be used, provided that the training content meets the minimum requirements and trainers meet the criteria outlined in the standard. The PEOSH recommends using private consultants and training courses that are certified by the New Jersey Department of Health, Consumer and Environmental Health Services. For more information contact the Consumer and Environmental Health Services at (609) 984-2193 or visit their website.
The PEOSH provides speakers who present an overview of the Asbestos Standard for Construction. This overview assists employers and employees in understanding the requirements of the standard.
Q: What are the housekeeping requirements?
A: Asbestos waste, scrap, debris, bags, containers, equipment, and contaminated clothing consigned for disposal must be collected and disposed of in sealed, labeled, impermeable bags or other closed, labeled impermeable containers. Employees must use HEPA-filtered vacuuming equipment and must empty it so as to minimize asbestos reentry into the workplace.
All vinyl and asphalt flooring material must remain intact unless the building owner demonstrates that the flooring does not contain asbestos. Sanding flooring material is prohibited. Employees stripping finishes must use wet methods and low abrasion pads at speeds lower than 300 revolutions per minute.
Burnishing or dry buffing may be done only on flooring with enough finish that the pad cannot contact the flooring material.
Employees must not dust, sweep, or vacuum without a HEPA filter in an area containing thermal system insulation or surfacing material or visibly deteriorated asbestos-containing materials.
Employees must promptly clean and dispose of dust and debris in leak-tight containers.
Q: Who needs medical surveillance?
A: Employers must make available a medical surveillance program for all employees:
Q: What medical surveillance needs to be done?
A: A licensed physician must perform or supervise all medical exams and procedures, provided at no cost to employees and at a reasonable time.
Employers must make medical exams and consultations available to employees:
If the employee was examined within the past 12 months and that exam meets the criteria of the standard, however, another medical exam is not required.
Medical exams must include the following:
Employers must provide the examining physician with:
It is the employer's responsibility to obtain the physician's written opinion, containing:
The physician must not reveal in the written opinion specific findings or diagnoses the number, duration, and results of samples unrelated to occupational exposure to taken, asbestos. The employer must provide a copy of the physician's written opinion to the type of protective devices worn, and affected employee within 30 days after receipt.
Q: What records need to be kept?
A: The following records need to be kept:
Objective Data Records
Where employers use objective data to demonstrate that products made from or containing asbestos cannot release fibers in concentrations at or above the PEL or EL, they must keep an accurate record for as long as it is relied on and include:
Monitoring Records
Employers must keep records of all employee exposure monitoring for at least 30 years, including:
Employers must make exposure records available when requested to affected employees, former employees, their designated representatives, and/or the PEOSH.
Medical Surveillance Records
Employers must keep all medical surveillance records for the duration of the employee’s employment plus 30 years, including:
Employee medical surveillance records must be available to the employee, anyone having specific written consent of that employee, and/or the PEOSH.
Other Recordkeeping Requirements
Employers must maintain all employee training records for one year beyond the last date of employment for each employee.
Where data demonstrates presumed asbestos-containing materials do not contain asbestos, building owners or employers must keep the records for as long as they rely on them. Building owners must maintain written notifications on the identification, location, and quantity of any asbestos-containing or presumed asbestos-containing materials for the duration of ownership and transfer the records to successive owners.
When an employer ceases to do business without a successor to keep the records, the employer must notify the PEOSH at least 90 days prior to their disposal and transmit them as requested.
Q: What are the “competent person” requirements?
A: On all construction sites with asbestos operations, employers must name a "competent person" qualified and authorized to ensure worker safety and health, as required by Subpart C, General Safety and Health Provisions for Construction (29 CFR 1926.20). Under these requirements for safety and health prevention programs, the "competent person" must frequently inspect job sites, materials, and equipment.
In addition, for Class 1 jobs the "competent person" must do on-site inspections at least once during each work shift and upon employee request. For Class 2 and 3 jobs, the "competent person" must inspect often enough to assess changing conditions and upon employee request.
At worksites where employees perform Class 1 or 2 asbestos work, the "competent person" must supervise:
The "competent person" must attend a comprehensive training course for contractors and supervisors certified by the U.S. Environmental Protection Agency (EPA) or a state-approved training provider or a course that is equivalent in length and content.
For Class 3 and 4 asbestos work, training must include a course equivalent in length and content to the 16-hour "Operations and Maintenance" course developed by EPA for maintenance and custodial workers.