SECTION 296.50. Asbestos Abatement Contractor

(a) License required. A person must be licensed as an asbestos abatement contractor to engage in asbestos abatement in a public building for others under contract or other agreement or otherwise be designated to perform that function.

(b) Licensee scope of practice.

(1) Licensee practice and limitations.

(A) An asbestos abatement contractor must employ licensed asbestos abatement supervisors and registered asbestos abatement workers to perform asbestos abatement activities.

(B) An asbestos abatement contractor must employ a responsible person who has completed the Asbestos Contractor/Supervisor training as required in §296.46 of this chapter (relating to Initial and Renewal Licensure Requirements for an Individual) to engage in asbestos abatement activities.

(C) An asbestos abatement contractor must employ a licensed asbestos operations and maintenance (O&M) supervisor or a licensed asbestos abatement supervisor to supervise an SSSD O&M activity performed as 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).

(D) An asbestos abatement contractor may employ a licensed O&M supervisor or a licensed asbestos abatement supervisor to perform the duties of an asbestos abatement worker.

(E) An asbestos abatement contractor must not engage in an asbestos abatement activity in a public building unless the asbestos project manager or asbestos consultant and an asbestos abatement supervisor is on-site.

(2) Licensee responsibilities. An asbestos abatement contractor may be held responsible for a violation under this chapter by its employees or the responsible person. An asbestos abatement contractor must:

(A) require the responsible person to:

(i) oversee the operations for the asbestos abatement activities; and

(ii) comply with the applicable requirements of this chapter;

(B) require that its responsible person and any employee who performs an activity on behalf of the asbestos abatement contractor comply with all applicable:

(i) responsibilities for:

(I) licensed asbestos abatement supervisors, as required in §296.49 of this chapter (relating to Asbestos Abatement Supervisor);

(II) licensed asbestos air monitoring technicians, as required in §296.54 of this chapter (relating to Asbestos Air Monitoring Technician);

(III) licensed asbestos air monitoring technician project monitors, as required in §296.55 of this chapter (relating to Asbestos Air Monitoring Technician Project Monitor); and

(IV) licensed asbestos abatement workers, as required in §296.48 of this chapter (relating to Asbestos Abatement Worker); and

(ii) requirements of this chapter;

(C) employ at least one licensed asbestos abatement supervisor to oversee asbestos abatement activity for each project where asbestos abatement activity is occurring in a public building;

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

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

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

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

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

(I) comply with the restrictions and required work practices described in:

(i) §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);

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

(iii) §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) for activities conducted under those sections;

(J) at no cost to the employee, comply with personal protective equipment (PPE) requirements in 29 CFR §1910.132(h) (relating to General requirements), §1926.1101(h) and (i), and 40 CFR §763.122 (relating to What does this subpart require me to do?), as applicable, for employees who perform asbestos-related activities. This includes:

(i) providing and maintaining PPE for employees;

(ii) training employees on the proper use, care, and inspection of PPE;

(iii) documenting training in the proper use, care, and inspection of PPE;

(iv) documenting respirator inspections; and

(v) ensuring compliance with the use of PPE;

(K) provide at no cost to the employee, an annual medical examination, as required in §296.42(i) of this chapter (relating to Initial and Renewal Applications) for each employee who performs an asbestos-related activity;

(L) ensure that each employee who performs asbestos-related activities has a current DSHS's Physician's Written Statement, as required in §296.42(i) of this chapter;

(M) ensure that each employee who performs asbestos-related activities is familiar with federal, state, and local standards for asbestos removal, encapsulation, and enclosure;

(N) obtain and keep on-site a copy of the current training certificate, as required in §296.73 of this chapter (relating to Asbestos Training Courses) for each employee who performs an asbestos-related activity;

(O) control asbestos exposure in all work, in compliance with 29 CFR §1926.1101 (relating to Asbestos) and 40 CFR §763.122, as applicable;

(P) provide and maintain in good working condition the necessary equipment for performing asbestos abatement activities;

(Q) if delegated by the owner, comply with the notification requirements, as required in §296.251 of this chapter (relating to Notifications);

(R) provide for temporary storage of ACWM, as required in §296.212(c)(8) of this chapter;

(S) provide for disposal of ACWM in accordance with 40 CFR §61.150 (relating to Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations):

(i) complete and provide a waste shipment record (manifest) for the asbestos transporter before the transporter departs with the waste on a form as described for the waste generator in 40 CFR §61.150(d);

(ii) contact the waste site if a copy of the manifest signed by the owner or operator of the designated waste disposal site has not been received within 35 calendar days after the date the waste was accepted by the transporter;

(iii) report in writing to DSHS in accordance with 40 CFR §61.150(d)(4) if a copy of the manifest signed by the owner or operator of the designated waste disposal site is not received within 45 calendar days after the date the waste was accepted by the transporter;

(iv) provide a copy of the manifest signed by the owner or operator of the designated waste disposal site to the building owner or the building owner's authorized representative; and

(v) maintain records in accordance with 40 CFR §61.150(d)(5) and §296.291 of this chapter (relating to Recordkeeping);

(T) report a change of the responsible person in writing to DSHS within 10 working days after the change;

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

(V) comply with recordkeeping requirements, as required in §296.291 of this chapter.

Source Note: The provisions of this §296.50 adopted to be effective July 8, 2021, 46 TexReg 3880