SECTION 296.49. Asbestos Abatement Supervisor

(a) License required. A person must be licensed as an asbestos abatement supervisor to directly oversee personnel and work practices and procedures during an asbestos abatement activity or project conducted in a public building.

(b) Licensee scope of practice.

(1) Licensee practice and limitations.

(A) An asbestos abatement supervisor must be employed by a licensed asbestos abatement contractor or asbestos operations and maintenance (O&M) contractor to supervise or perform asbestos abatement activities in a public building. An asbestos abatement supervisor employed by an O&M contractor is limited to supervising the work practices and procedures described in §296.213 of this chapter (relating to Asbestos Operations and Maintenance (O&M) Practices and Procedures for O&M Licensees in a Public Building) for SSSD O&M activities, as permitted under that section.

(B) An asbestos abatement supervisor may perform the duties of a registered asbestos abatement worker on any project.

(C) An asbestos abatement supervisor must not supervise or perform asbestos abatement activities in a public building when the asbestos project manager or asbestos consultant is not on-site, except during activities performed in accordance with:

(i) §296.213 of this chapter;

(ii) §296.232 of this chapter (relating to Alternative Asbestos Abatement Practices and Procedures for Certain Nonfriable Asbestos-Containing Building Material (ACBM) in a Public Building);

(iii) §296.233 of this chapter (relating to Alternative Asbestos Practices and Procedures for Small Projects and Repetitive Tasks in a Public Building); and

(iv) §296.234 of this chapter (relating to Alternative Practices and Procedures for Removal of Whole Components of Intact Asbestos-Containing Material (ACM) in a Public Building).

(2) Licensee responsibilities. An asbestos abatement supervisor must:

(A) comply with standards of operation, including the EPA regulations adopted by reference in §296.2 of this chapter (relating to Reference of Federal Standards);

(B) comply with applicable OSHA regulations, including, as applicable, the work practices and controls in 29 CFR §1926.1101(g) (relating to Asbestos);

(C) comply with the requirements of §296.211 of this chapter (relating to General Requirements for Asbestos Abatement in a Public Building);

(D) comply with the work practices required under §296.212 of this chapter (relating to Standard Asbestos Abatement Practices and Procedures in a Public Building);

(E) comply with the restrictions and required work practices described in §296.213 of this chapter for SSSD O&M activities conducted under that section;

(F) comply with the restrictions and required work practices described in §296.232 of this chapter, §296.233 of this chapter, and §296.234 of this chapter for activities conducted under those sections;

(G) comply with personal protective equipment (PPE) requirements for employees who perform asbestos-related activities to ensure that PPE is worn in compliance with 29 CFR §1926.1101 or 40 CFR §763.122 (relating to What does this subpart require me to do?), whichever is applicable;

(H) be on the project site at all times when asbestos abatement activities are being performed;

(I) control access to the regulated area and entrance into containment as required in §§296.212, 296.213, and 296.232 - 296.234 of this chapter;

(J) immediately correct any issue of noncompliance with asbestos abatement activity and if such an issue is related to the removal of ACBM, the asbestos abatement supervisor must stop the removal and must not resume removal until each identified issue has been corrected;

(K) cooperate with DSHS personnel during inspections and investigations, as required in §296.271 of this chapter (relating to Inspections and Investigations); and

(L) maintain records at the work site location, as required in §296.291 of this chapter (relating to Recordkeeping).

Source Note: The provisions of this §296.49 adopted to be effective July 8, 2021, 46 TexReg 3880