SECTION 296.271. Inspections and Investigations

(a) DSHS has the right to inspect or investigate the practices of any person involved with asbestos abatement or asbestos-related activity in a public building, commercial building, or facility.

(b) A DSHS representative is not required to provide advance notice of, or seek permission to conduct, any asbestos-related inspection or investigation.

(c) In order to inspect and investigate for compliance with this chapter, a DSHS representative, upon presenting a DSHS identification (ID) card, has the right to:

(1) enter at all reasonable times:

(A) any notified, actual, or former site of an asbestos-related activity;

(B) if used to store records, the premises of a licensee under this chapter or the central location where asbestos records are maintained as required in §296.291 of this chapter (relating to Recordkeeping); or

(C) any containment, facility or building, construction site, storage area, storage area of a transport vehicle, or office area;

(2) review records and make copies;

(3) interview any person;

(4) locate, identify, and assess the condition of ACM;

(5) take photographs; and

(6) collect bulk samples, air samples, or both.

(d) A person must not interfere with, refuse, or delay an inspection or investigation conducted by a DSHS representative.

(e) DSHS is authorized to conduct any inspection or investigation to evaluate compliance under the Act and this chapter. A DSHS representative must not be impeded or denied entry to conduct official duties. A person must not threaten or attempt to bribe or intimidate a DSHS representative during the course of an inspection or investigation and is subject to applicable administrative, civil, and criminal sanctions for any violation.

Source Note: The provisions of this §296.271 adopted to be effective July 8, 2021, 46 TexReg 3880