Employee Wasn't Certified

DEP issued a violation notice to landlord for letting its employee handle asbestos-containing material without a valid asbestos handler certificate. The ALJ dismissed the charges, finding that the employee was merely moving furniture and wasn't an asbestos worker. DEP appealed, claiming that even if the employee was only moving furniture, asbestos removal work had started. Landlord had already installed a decontamination enclosure system in the area where the employee was working. The ECB ruled that landlord was in violation of asbestos regulations and fined landlord $1,000.

City of New York v. 155 Henry Owners Corp.: ECB App. No. 6401 (6/27/90) [2-page document]