NYS DOL Red Tag Resolution
NYS DOL Stop Work Order – Red Tag – Red Tagged
If your project has been posted by the New York State Department of Labor Asbestos Control Bureau with a Stop Work Order (aka Red Tag) there are very specific steps you need to take to resolve the issue.
You have been issued a stop work order for failing to comply with NY asbestos regulations which require an asbestos survey and testing prior to any renovation or demolition activities. This NYS law also enforces the Federal EPA NESHAPS law.
Under these combined regulations there is no exemption construction date for the testing requirement. The NYS 1974 date and OSHA date of 1980 are over ruled by the EPA with no exemption date.
What has to Happen?
All work must stop and the waste containers must remain on site!
Hire AirWater Environmental LLC – Asbestos Testing and Variance
NYS DOL requires that an asbestos survey and testing now be performed and if any asbestos is found a contamination assessment must also be performed.
To clean up any identified asbestos a Site Specific Variance must be authored by a NYS Certified Asbestos Designer and submitted to NYSDOL for approval. This document outlines how the asbestos will be cleaned up. You must hire a NYS Certified Designer with a NYS Company License such as AirWater Environmental LLC to do this work.
Clean up the Site
A NYS Licensed asbestos abatement contractor must be hired to conduct the clean up. During the clean up AirWater Environmental LLC will provide air monitoring per the NYS regulations and file a report to closeout the project violation project with NYSDOL. You may be subject to fines but responding in a timely manner will go a long way!