22-002 Definitions Source: Asbestos Regulations Title 178, Chapter 22
Active Addiction means current physical or psychological dependence on alcohol or a substance, which development following the use of alcohol a substance on periodic or continuing basis.
Alcohol or Substance Abuse means a maladaptive pattern of alcohol or substance use leading to clinically significant impairment or distress as manifested by one or more of the following occurring at any time during the same 12-month period:
- Recurrent alcohol or substance use resulting in a failure to fulfill major role obligations at work, school or home;
- Recurrent alcohol or substance use in situation in which it is physically hazardous;
- Recurrent legal problems related to alcohol or substance use; or
- Continued alcohol or substance use despite having persistent or recurrent social or interpersonal problems caused or exacerbated by the effects of the alcohol or substance.
Amended Water means a water solution containing an effective low sudsing wetting agent.
Appropriate Protective Clothing means protective outer clothing, which is worn by an individual who is engaged in an asbestos project regardless of the concentration of asbestos fibers in the air within the asbestos project. Protective clothing consists of coveralls or similar whole body covering, head covers and foot covers.
Appropriate Respirator means an appropriate air purifying respirator providing protection against radionuclides and against dust, fumes and mists in air and which provide the following respiratory protection for airborne concentrations of asbestos fibers:
- Airborne Concentration of asbestos not in excess of one (1) fiber per cubic centimeter shall require a half-mask air-purifying respirator, other than a disposable respirator, equipped with high-efficiency filters.
- Airborne concentration of asbestos not in excess of five (5) fibers per cubic centimeter shall require a full face piece air-purifying respirator equipped with high-efficiency filters.
- Airborne concentration of asbestos not in excess of ten (10) fibers per cubic centimeter shall require a powered air purifying respirator equipped with high efficiency filters or a supplied-air respirator operated in continuous flow mode.
- Airborne concentration of asbestos not in excess of one hundred (100) fibers per cubic centimeter shall require a full face piece supplied-air respirator operated in pressure demand mode.
- Airborne concentration of asbestos greater than one hundred (100) fibers per cubic centimeter shall require a full face piece supplied air respirator operated in pressure demand mode equipped with an auxiliary positive pressure self-contained breathing apparatus.
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Appropriate Warning Sign means a sign not less than eleven (11) inches wide which contains the equivalent of the following legend, printed in letters of sufficient size and contrast to be readily visible and legible:
CANCER AND LUNG DISEASE HAZARD
AUTHORIZED PERSONNEL ONLY
RESPIRATORS AND PROTECTIVE CLOTHING ARE REQUIRED IN THIS AREA
Approved Asbestos Waste Disposal Site means a solid waste disposal area that is operated under a permit issued by the Nebraska Department of Environmental Quality and is authorized to receive asbestos containing solid wastes.
Asbestos means asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite.
Asbestos Containing Materials or ACM means any material or product, which contains more than 1% asbestos.
Asbestos Control Act means Sections 71-6301 to 71-6317, Neb. Rev Stat. 1943 as amended.
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Asbestos Danger Label means a label which contains the following legend, printed in letters of sufficient size and contrast to be readily visible and legible:
Asbestos Encapsulation Project means activities, which include the coating of ACM surface material with a penetrating or bridging type of sealing material for the intended purpose of preventing the continued release of asbestos fibers from the material into the air. This definition shall not include the repainting of a previously painted non-friable ACM surface which is not damaged primarily for improving the appearance of such surface.
Asbestos Enclosure Project means activities which physically isolate friable asbestos, and which control and contain fibers released from asbestos-containing material by constructing a permanent airtight barrier between the asbestos-containing material and the occupied building space.
Asbestos Occupation means an Inspector, Management Planner, Project Designer, Project Monitor, Supervisor or Worker.
Asbestos Project means an asbestos encapsulation project, an asbestos removal project, an asbestos enclosure project, an asbestos related demolition project or an asbestos related dismantling project, but shall not include any activities which affect three (3) square feet or less or three (3) linear feet or less of ACM on or in a structure or equipment or any appurtenances thereto, or (b) any activities physically performed by a homeowner, a member of the homeowner's family, or an unpaid volunteer on or in the homeowner's residential property of four units or less.
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Asbestos Related Demolition Project means activities which include the razing of all or a portion of a structure which contains friable ACM or other ACM which may become friable when cut, crushed, ground, abraded, pulverized, or burned.
Asbestos Related Dismantling Project means activities which include the disassembly, handling and moving of the components of any structure or equipment which has been coated with ACM without first removing this material from the structure or from the equipment.
Asbestos Removal Project means activities which include the physical removal of friable ACM from the surface of a structure or from equipment which is intended to remain in place after the removal. Such project shall also include the physical removal of ACM from a structure or equipment after such structure or equipment has been removed as part of an asbestos related dismantling project.
Attest or Attestation means that the individual declares that all statements on the application are true and complete. Attestation to meeting continuing competency requirements satisfies the documentation requirement of Neb. Rev. Stat. 002.17§ 38-142.
Business Entity means a partnership, firm, association, corporation, sole proprietorship, public entity or other public or private business concern involved in an asbestos project except an entity solely involved as a Management Planner or Project Designer.
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Certificate means an authorization issued by the Department that gives a person the right to use a protected title that only a person who has met specific requirements may use.
Complete Application means an application that contains all of the information requested on the application, with attestation to its truth and completeness, and that is submitted with the required fees and all required documentation.
Confidential Information means information protected as privileged under applicable law.
Consumer means a person receiving health or health related services or environmental services and includes a patient, client, resident, customer, or person with a similar designation.
Containment Area means a negative pressure asbestos project work area and decontamination facility configured so as to isolate asbestos project activities from areas which are to remain uncontaminated.
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Control Curtain means a closure device constructed of plastic sheeting not less than 6 mil thick and installed in an entryway into an area contaminated or to be contaminated with ACM. A control curtain is intended to restrict the movement of air into, and from, a contaminated area. This curtain consists of three constructed baffles that cover the entire area of the entryway and are fastened securely along the top of the entryway framework and along alternate sides in a manner that will require individuals to walk the entire width of the entryway between adjacent baffles as they pass around the three panels.
Conviction means a plea or verdict of guilty or a conviction following a plea of nolo contendere or non vult contendere made to a formal criminal charge, or a judicial finding of guilt irrespective of the pronouncement of judgment or the suspension thereof, and includes instances in which the imposition or the execution of sentence is suspended following a judicial finding of guilt and the defendant is placed on probation.
Course of Study means a program of instruction necessary to obtain a credential meeting the requirements set out for each profession in the appropriate practice act and rules and regulations and includes a college, a professional school, a vocational school, hours of training, or a program of instruction with a similar designation.
Credential means a license, certificate, or registration.
Curriculum means a detailed course outline, description or syllabus submitted to the Department as part of the approval process by an association, educational institution, individual, governmental body or other entity or individual providing an asbestos occupation course.
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Decontamination Facility means that portion of the containment area containing an equipment room, shower facility and a clean change room (see Figure 1).
Demolition means the wrecking, razing, or removal of any structure or load-supporting structural item of any structure, including any related material handling operations, and includes the intentional burning of any structure.
Department means the Nebraska Department of Health and Human Services.
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Dependence means a maladaptive pattern of alcohol or substance use, leading to clinically significant impairment or distress, as manifested by three or more of the following occurring at any time in the same 12-month period:
- Tolerance as defined by either of the following:
- A need for markedly increased amounts of alcohol or the substances to achieve intoxication or desired effect; or
- A markedly diminished effect with continued use of the same amount of alcohol or the substance;
- Withdrawal as manifested by either of the following:
- The characteristic withdrawal syndrome for alcohol or the substance as referred to in the Diagnostic and Statistical Manual of Mental Disorders Fourth Edition, published by the American Psychiatric Association; or
- Alcohol or the same substance or a closely related substance is taken to relieve or avoid withdrawal symptoms;
- Alcohol or the substance is often taken in larger amounts or over a longer period than was intended;
- A persistent desire or unsuccessful efforts to cut down or control alcohol or substance use;
- A great deal of times spent in activities necessary to obtain alcohol or the substance, to use alcohol or the substance; or to recover from the effects of use of alcohol the substance;
- Important social, occupational, or recreational activities are given up or reduced because of alcohol substance use; or
- Alcohol or substance use continues despite knowledge of having had a persistent or recurrent physical or psychological problem that was likely to have been caused or exacerbated by alcohol or the substance.
Director means the Director of Public Health of the Division of Public Health or his/her designee.
Enclosure means the construction of an airtight, impermeable permanent barrier around ACM to control the release of asbestos fibers into the air.
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EPA means the Environmental Protection Agency, 401 ‘M’ Street, S.W., Washington, D.C., 20460
Equipment or Equipment Item means an item that is designed or intended to perform an operation and includes any attached item which assists in the operation.
Friable Asbestos means asbestos in a form which can be crumbled, pulverized or reduced to powder by hand pressure.
CAUTION: NON-FRIABLE ASBESTOS WHICH BECOMES FRIABLE IS CLASSIFIED AS FRIABLE ASBESTOS.
Furnishings mean removable furniture, draperies, floor coverings and decorative items.
Grade D Breathing Air means an air supply that contains 19 1/2 - 23 1/2% oxygen on a volumetric basis, not more than 10 volumes of carbon monoxide or 1,000 volumes of carbon dioxide per million volumes of air, not more than 5 milligrams of condensed hydrocarbons per cubic meter of air and no objectionable odors.
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HEPA Filter means a high efficiency particulate air filter capable of trapping and retaining from an air stream 99.97% of asbestos fibers greater than 0.3 microns in size.
Inspector means an individual who is certified by the Department to identify and assess the condition of ACM. Inspectors shall perform their duties in accordance with the techniques, knowledge, training and responsibilities outlined in 008.04A8.
Instructor means an individual who is approved by the department to teach an asbestos-related training course.
License means an authorization issued by the Department permitting a business entity to engage in an asbestos project.
Management Planner means an individual who is certified by the Department to assess the hazard of materials containing asbestos, to determine the appropriate response actions and to write management plans.
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Military Service means full-time duty in the active military service of the United States, a National Guard call to active service for more than 30 consecutive days, or active service as a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration. Military service may also include any period during which a service member is Administration. Military service may also include any period during which a service member is absent from duty on account of sickness, wounds, leave, or other lawful cause. (From the Service members Civil Relief Act, 50 U.S.C. App. 501 et seq., as it exited on January 1, 2007)
Pattern of Incompetent or Negligent Conduct means a continued course of incompetent or negligent conduct in performing the duties of the profession.
Physician means a person authorized to practice medicine and surgery or osteopathic medicine and surgery in the jurisdiction where a physical examination required by 178 NAC 22-004.02A is given.
Profession means any profession or occupation named in subsection (1) or (2) of Nebr. Rev. Stat. §38-121.
Project Designer means an individual who is certified by the Department to formulate plans and write specifications for conducting asbestos projects.
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Project Monitor means an individual who is certified by the department to observe abatement activities performed by contractors, to represent the building owner to ensure work is completed according to specifications and in compliance with statutes and regulations, and to perform air monitoring to determine final clearance.
Project Review means review of a licensed business entity's proposed asbestos project.
Public Entity means a state agency, political or taxing subdivision, municipality or any other independent body created by law except a district as defined in Section 70-601 or a district subject to Chapter 14, Article 11, Neb. Rev. Stat. 1943.
Removal Encapsulant means a penetrating encapsulant specifically designed for removal of ACM rather than for encapsulation of ACM in place.
Renovation means the altering of a structure, one or more structural items, or one or more equipment items in any way, including any asbestos project performed on a structure, structural item, or equipment item.
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Served in the Regular Armed Forces has the same meaning as military service in these regulations.
Sealing Material means an asbestos-free material used to cover a surface to prevent any asbestos fibers remaining after ACM removal from being dispersed into the air. This term includes sprayed or brushed on decorative and fireproofing materials as well as penetrating or bridging encapsulants.
Structure or Structural Item means roofs, walls, ceilings, floors, structural supports, pipes, ducts, fittings and fixtures that have been installed as an integral part of any structure.
Supervisor means an individual who is certified by the Department to supervise and direct an asbestos project in accordance with the Asbestos Control Act and the rules and regulations adopted and promulgated pursuant to this act.
Type-C Respirator System means an airline respirator designed for atmospheres not immediately dangerous to life or health. It consists of a source of respirable breathing air, an air hose with a detachable coupling, flow control fittings and a face piece, helmet or hood.
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Wet Cleaning means the process of using amended water or a removal encapsulant and a wet brush, mop, cloth, sponge or similar wet cleaning device to remove completely any visible ACM residue from surfaces. This definition does not include the use of a non-HEPA filter-equipped wet vacuum cleaner to pick up wet ACM debris or contaminated wastewater.
Wetting Agent means a surfactant or chemical that is added to water to decrease its surface tension and allow it to spread more easily over or penetrate into a surface that is covered with ACM.
Work Area means a specific room or physically isolated portion of a room in which ACM is required to be handled in accordance with the requirements of these regulations. These areas are designated as work areas from the time that the room, or portion of it, is being prepared in order to perform the asbestos project until the time the area has been cleaned free of all visible residue in accordance with applicable Departmental regulations.
Worker means an individual who is certified by the Department in a non-supervisory capacity to clean, handle, repair, remove, encapsulate, haul, dispose of or otherwise work with ACM in activities involving more than three square feet or three linear feet of ACM.
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