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New York (DEP) Regulates Requirements for Asbestos Handlers

The New York Department of Environmental Protection (DEP) oversees and enforces federal regulations involving the removal and disposal of asbestos debris. The DEP also regulates the required training and work procedures for those who work as asbestos handlers or asbestos handler supervisors.

If you or a loved one has been diagnosed with an asbestos-related disease such as mesothelioma, asbestos lung cancer or asbestosis, please complete the form on this page for important information from our law firm about your legal options and rights.

In New York, state requirements require that anyone hired to work on a job site where asbestos materials are being removed must be certified by the state as an asbestos handler. These workers are required to undergo specialized training before they can obtain a DEP asbestos handlers certification.

Asbestos Handler Certification Requirements
In order to qualify for work as an asbestos handler in New York, workers are required to successfully complete a training course approved by the New York State Department of Health (NYDOH).

Once the NYSDOH-approved class has been successfully completed, the worker can apply to the DEP to obtain an asbestos handler certificate. The certificate is valid for two years, at which time an asbestos handler must provide proof they have successfully completed a NYSDOH-approved refresher course.

The workers who supervise asbestos handlers are classified as Asbestos Handler Supervisors. Like Asbestos Handlers, the supervisors are required to take both initial and refresher asbestos handler supervisor classes and submit documentation that they have passed all tests given as part of these classes.

Requirements for Property Owners
The DEP also regulates the responsibilities of both commercial and residential properties that are undergoing asbestos abatement as part of a renovation or demolition project to ensure that all Environmental Protection Agency (EPA) regulations are followed.

In cases where these regulations are not followed, contractors and property owners can be subject to EPA or DEP fines or penalities for violations of asbestos removal and disposal regulations.

Serious Health Risks When Asbestos is Improperly Removed
When asbestos materials are not removed properly, all those who live and work in the area where the improper asbestos abatement and removal takes place face significant risk to inhale asbestos fibers.

Both U.S. and international health agencies have long classified asbestos as a carcinogen (cancer-causing material). Tragically, thousands of men and women who were exposed to asbestos in their lifetime have ultimately developed serious diseases many years after they were first exposed.

When asbestos fibers are inhaled, the sharp edges on the microscopic fibers cause them to attach to the lungs instead of being expelled by coughing, sneezing or blowing one’s nose.

Over the course of 30 to 40 or more years (known as “asbestos latency periods”), the asbestos causes extensive scarring in the lungs. After this decades-long period, a number of serious chronic breathing diseases can develop, including asbestosis, chronic obstructive lung disease (COPD), emphysema and pleural plaques disease.

In more serious cases, the lungs will begin to produce abnormal cells. When these abnormal cells reproduce and cluster, they eventually form asbestos lung cancer or mesothelioma tumors.

How Weitz & Luxenberg Can Help
If you or a loved one has been diagnosed with an asbestos-related disease, we may be able to help you to seek justice for your illness and file a lawsuit on your behalf.

Please complete the form on this page for a free and confidential review of your potential asbestos lawsuit or request a free copy of our asbestos sourcebook. A Weitz & Luxenberg representative will contact you as soon as possible.

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