SECTION 296.57. Asbestos Management Planner Agency

(a) License required. A person employing an asbestos management planner and one or more additional asbestos management planners, asbestos consultants, or asbestos inspectors to conduct asbestos management planning activity must be licensed as an asbestos management planner agency. This license is not required if the person is already licensed as an asbestos consultant agency.

(b) Licensee scope of practice.

(1) An asbestos management planner agency may employ:

(A) an asbestos management planner or asbestos consultant who is licensed, as required in this chapter and working in the capacity of that individual's license to conduct surveys, develop asbestos survey reports, and develop asbestos management plans; the duties of a licensed asbestos consultant employed by an asbestos management planner agency must be limited to those of a management planner; and

(B) a licensed asbestos inspector to conduct surveys and develop asbestos survey reports.

(2) An asbestos management planner agency must employ a responsible person who has completed the Asbestos Inspector and Asbestos Management Planner training referenced in §296.46 of this chapter (relating to Initial and Renewal Licensing Requirements for an Individual) to conduct surveys, develop asbestos survey reports, and develop asbestos management plans.

(c) Licensee responsibilities. An asbestos management planner agency may be held responsible for a violation under this chapter by its employees or the responsible person. An asbestos management planner agency must:

(1) require the responsible person to:

(A) oversee the operations for the asbestos management planner agency activities; and

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

(2) require that its responsible person and any employee who performs an activity on behalf of the asbestos management planner agency comply with all applicable:

(A) responsibilities for licensed asbestos inspectors, as required in §296.53 of this chapter (relating to Asbestos Inspector) and licensed asbestos management planners, as required in §296.56 of this chapter (relating to Asbestos Management Planner); and

(B) requirements of this chapter;

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

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

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

(6) use generally accepted principles and practices in performing asbestos surveys and producing management plans, as required in §296.191 of this chapter (relating to Asbestos Management in a Public Building, Commercial Building, or Facility);

(7) at no cost to the employee, comply with personal protective equipment (PPE) requirements in 29 CFR §1910.132(h) (relating to General requirements), 29 CFR §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:

(A) providing and maintaining PPE for employees;

(B) training employees in the proper use, care, and inspection of PPE;

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

(D) documenting respirator inspections; and

(E) ensuring compliance with the use of PPE;

(8) 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;

(9) 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;

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

(11) ensure that each employee who performs asbestos-related activities receives annual training, as required in §296.73 of this chapter (relating to Asbestos Training Courses);

(12) provide and maintain in good working condition the necessary equipment for performing asbestos-related activities;

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

(14) cooperate with DSHS personnel during any inspection or investigation, as required in §296.271 of this chapter (relating to Inspections and Investigations);

(15) comply with recordkeeping requirements, as required in §296.291 of this chapter (relating to Recordkeeping).

Source Note: The provisions of this §296.57 adopted to be effective July 8, 2021, 46 TexReg 3880