SECTION 296.59. Asbestos Consultant Agency

(a) License required. A person employing an asbestos consultant and one or more asbestos inspectors, asbestos project managers, asbestos air monitoring technicians, asbestos air monitoring technician project monitors (AMT/PM), asbestos management planners, or additional asbestos consultants working in the capacity of their licenses must be licensed as an asbestos consultant agency.

(b) Licensee scope of practice.

(1) An asbestos consultant agency may:

(A) employ an asbestos consultant, asbestos inspector, asbestos project manager, asbestos air monitoring technician, AMT/PM, or asbestos management planner licensed as required in this chapter and working in the capacity of that individual's license; and

(B) represent a building owner by providing asbestos project monitoring services and asbestos air monitoring services during an asbestos abatement project.

(2) An asbestos consultant agency must employ a responsible person who has completed the training as referenced in §§296.46(b)(2)(G) and (c) of this chapter (relating to Initial and Renewal Licensure Requirements for an Individual) to engage in asbestos abatement activities.

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

(1) require the responsible person to:

(A) oversee the operations for the asbestos consultant 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 consultant agency comply with all applicable:

(A) responsibilities for licensed asbestos project managers, as required in §296.62 of this chapter (relating to Asbestos Project Manager), licensed asbestos air monitoring technicians, as required in §296.54 of this chapter (relating to Asbestos Air Monitoring Technician), licensed asbestos air monitoring technician project monitors, as required in §296.55 of this chapter (relating to Asbestos Air Monitoring Technician Project Monitor), and licensed asbestos consultants, as required in §296.58 of this chapter (relating to Asbestos Consultant); 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 applicable OSHA regulations, including, as applicable, the work practices and controls in 29 CFR §1926.1101(g) (relating to Asbestos);

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

(6) comply with the abatement practices and procedures in §296.212 of this chapter (relating to Standard Asbestos Abatement Practices and Procedures in a Public Building), as applicable;

(7) comply with the restrictions and required work practices 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 conducted under that section, as applicable;

(8) comply with the restrictions and required work practices described in §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) for activities conducted under that section, as applicable;

(9) comply with the restrictions and required work practices described in §296.233 of this chapter (relating to Alternative Asbestos Practices and Procedures for Small Projects and Repetitive Tasks in a Public Building) for activities conducted under that section, as applicable;

(10) comply with the restrictions and required work practices described in §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 that section, as applicable;

(11) 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, including:

(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;

(12) 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;

(13) 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;

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

(15) ensure that each employee who performs an asbestos-related activity complies with the applicable training, as required in §296.73 of this chapter (relating to Asbestos Training Courses);

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

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

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

(19) comply with recordkeeping requirements, in accordance with §296.291 of this chapter (relating to Recordkeeping).

Source Note: The provisions of this §296.59 adopted to be effective July 8, 2021, 46 TexReg 3880