Asbestos Investigator Compliance Guide

The Department of Environmental Protection periodically schedules audits of record keeping by certified asbestos investigators.

Audit inspections are performed randomly or may be triggered by the ACP5 review process or by enforcement investigations at specific sites.

Investigators must make records available during normal business hours without cost or restriction for inspection by a representative of the Department.

Incomplete records, improper or inadequate surveys or assessments, or submittal of false statement or false documentation to the Department will result in the issuance of Notices of Violation. The penalties for violation of Title 15, Chapter 1 of the Rules of the City of New York range from $1,100 to $10,000 per infraction. In addition, the Department may convene a hearing to revoke or suspend certification.

Asbestos survey records must accurately reflect the site conditions at the time of investigation.

Only individuals certified as asbestos investigators by the Department can engage in building survey and hazard assessment for asbestos. Such individuals have satisfactorily demonstrated an ability to identify the presence and evaluate the condition of asbestos in buildings or structures.

A non-certified individual may participate in an asbestos survey being conducted by a NYC certified investigator only if such individual works in the presence of the investigator and under direct and continuing supervision.