SECTION 296.51. Asbestos Operations and Maintenance Supervisor

(a) License required. A person must be licensed as an asbestos operations and maintenance (O&M) supervisor to directly oversee the 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), and to supervise any registered asbestos abatement workers performing such work, unless licensed as an asbestos abatement supervisor.

(b) Licensee scope of practice.

(1) An asbestos O&M supervisor must be employed by a building owner or manager who is a licensed asbestos O&M contractor or a licensed asbestos abatement contractor to perform or supervise the activities for which a license is required under subsection (a) of this section.

(2) An asbestos O&M supervisor may perform the duties of a licensed asbestos abatement worker on any project.

(3) An asbestos O&M supervisor must not supervise any asbestos-related activity in a public building that is outside the scope of §296.213 of this chapter.

(c) Licensee responsibilities. An asbestos O&M supervisor must:

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

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

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

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

(5) 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;

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

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

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

Source Note: The provisions of this §296.51 adopted to be effective July 8, 2021, 46 TexReg 3880