New York State Issues Clarification on Asbestos Survey Requirements: What You Need to Know

What You Need to Know

If you work in construction, facilities management, restoration, or any field where buildings are being repaired, renovated, or demolished — you’ll want to read this. Recently, the New York State Department of Labor (NYSDOL) issued a clear clarification that dispels a long-running misunderstanding about when asbestos surveys are required under Industrial Code Rule 56 (ICR-56).

What’s the Issue

There’s been confusion over what’s known as the “1974 cut-off date” in ICR-56. Many property owners, insurance adjusters, and general contractors have believed that buildings built after 1974 are exempt from needing an asbestos survey. That interpretation has led to risky assumptions and potentially unsafe situations.

The Professional Abatement Contractors of New York (PACNY), during discussions with NYSDOL leadership, raised this concern. They wanted sure guidance so that everyone in the industry - contractors, inspectors, building owners - knows exactly what they must do. 

What NYSDOL Has Clarified

Here are the key takeaways from the latest clarification:

• No building is exempt based on its construction date. Even if the building was built after 1974, it does not remove the requirement. 

• An asbestos survey by a certified NYSDOL Asbestos Inspector is required before any demolition, renovation, remodel, or repair work.

• If no survey is done, the building must be assumed to contain asbestos. That means treating it as an asbestos project, with all the precautions and processes that entails.
  

Why This Matters

This clarification isn’t just technical, it has real-world implications:

• Safety first. Workers and the public are better protected when unknown risks are treated properly.

• Legal and financial risk reduction. Doing work without a proper asbestos survey risks non-compliance with NYS law, potential fines, project delays, liability issues.

• Professional responsibility. Everyone from inspectors to contractors to property owners must follow the same standard, regardless of building age.

  
  

How This Affects Asbestos Inspectors & Contractors

If you’re already working in the industry (or considering getting into the field), here’s what this clarification reinforces:

• NYS DOL–certified Asbestos Inspectors and Abatement Contractors must be fully aware of ICR-56 requirements and their legal responsibilities.

• Success in this field requires mastery of survey procedures, risk assessment, documentation, regulatory compliance, and safety protocols.

• Asbestos work goes beyond removal — it’s about knowing when and how to identify, test, manage, abate, and document asbestos properly on every project.

  
  

How CNS Environmental Can Help

Our asbestos‐training courses are built to go beyond the basics. We don’t just teach you the rules - we teach you how to apply them in real situations. 

Our asbestos courses include:

• State and federal asbestos regulations (including ICR-56 clarifications)

• Conducting proper asbestos surveys: when, how, and what documentation is required

• Hazard assessment, sampling techniques, laboratory protocols

• Abatement practices: safety, equipment, cleanup, disposal

• Best practices for inspectors, project monitors, contractors, project managers, supervisors & workers

• Hands-on training so that you gain confidence in real world scenarios

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Want to talk through which course is right for you? Or get details on our upcoming schedule and how we ensure our students are fully compliant and highly skilled? Reach out today -let’s make sure you’re ready for what NYS law demands, and what employers and clients expect.

Call: (833) 782-TRAIN

Text: (516) 518-4CNS

Email: training@cnsenviro.com