Current through Register 1531, September 27, 2024
(1)
Purpose. 454 CMR 28.00 shall constitute requirements
necessary to protect the health and safety of workers and the general public
and establishes:
(a) Requirements necessary to
protect the health and safety of the general public and persons engaged in, or
associated with, the repair, removal, enclosure, encapsulation or disturbance
of asbestos or asbestos-containing material.
(b) Standards of competency, certification
and licensure for persons or entities engaged in or performing repair, removal,
enclosure or encapsulation of asbestos or asbestos-containing
material.
(c) Minimum standards to
be used by insurers in the inspection of risk, measurement of hazards and the
determination of adequate and reasonable rates of insurance as prescribed by
the provisions of M.G.L. c. 152, § 65J.
(d) Standards for the certification and
licensure of persons, firms, corporations or other entities who or which enter
into, engage in or work at:
1. The business of
repair, removal, enclosure or encapsulation of asbestos or asbestos-containing
material;
2. The business of
providing asbestos consulting services, including asbestos inspection services,
asbestos risk assessment and management planning services, asbestos project
design services and asbestos monitoring services;
3. The business of providing asbestos
training where such training is required by 454 CMR 28.00; or
4. The business of providing asbestos
analytical services.
(2)
Scope. 454 CMR
28.00 applies to:
(a) all work, including
construction, demolition, alteration or repair, involving any building or
structure, including those owned or leased by the commonwealth or any of its
political subdivisions or authorities, where such work involves the use or
handling of asbestos or material containing asbestos, including the disposal of
materials containing asbestos and asbestos contaminated waste. 454 CMR 28.00
also applies to asbestos training, consultation and/or analytical services
including, but not limited to:
1. Asbestos
inspection and hazard assessment services;
2. The preparation of asbestos project
designs, asbestos project oversight and/or monitoring;
3. Asbestos training required by 454 CMR
28.00; and
4. Asbestos analysis
performed in connection with any of the above services.
(b) Nothing in 454 CMR 28.00 shall relieve
any person from complying with all other applicable federal, state and local
laws and regulations including, but not limited to,
42 U.S.C. §
7412 (Clean Air Act), 40 CFR Part 61, Subpart
M (Asbestos National Emission Standard for Hazardous Air Pollutants), and
310 CMR 7.15:
U Asbestos.
(3)
Exceptions. The
Director of the Department of Labor Standards may grant exceptions to 454 CMR
28.00 in those instances where it is clearly evident that existing conditions
prevent compliance, or where compliance will create an undue hardship, but only
in circumstances in which granting the exception will maintain the protection
of the health and safety of workers and the general public.
Requests for exceptions to 454 CMR 28.00 must be submitted in
writing to the Director and shall specify those provisions of 454 CMR 28.00 for
which exceptions are sought, the reasons for requesting the exceptions and any
proposed alternatives to the requirements of 454 CMR 28.00.
Exceptions granted by the Director may contain expiration dates
otherwise they shall remain in force until rescinded.
(4)
Alternative
Methods. The Director shall have the authority to allow the use of
newly-developed techniques, methods, or equipment that provide a level of
protection for workers and the general public that equals or exceeds that
specified by 454 CMR 28.00.
(5)
Non-traditional Asbestos Abatement Work Practices. A
person may apply to the Massachusetts Department of Environmental Protection to
utilize Non-traditional Asbestos Abatement Work Practices that result in the
need to deviate from normal work practices per of
310 CMR 7.15:
U Asbestos.
(6)
Right of Entry. Pursuant to M.G.L. c. 149,
§§ 6, 6A, 10 and 17, the Director or the Director's authorized
representative(s) shall have the right of entry to any work site, place of
employment or other location for the purpose of conducting investigations or
inspections of that worksite or associated records.
(7)
Regulations
Incorporated. The following rules and regulations of the United
States Environmental Protection Agency are hereby incorporated by reference:
(a) Asbestos-containing Materials in Schools
Rule; 40 CFR Part 763, Subpart E;
(b) Asbestos-containing Materials in Schools
Rule; 40 CFR Part 763, Appendix C through Subpart E, Asbestos Model
Accreditation Plan; and
(c)
Asbestos Worker Protection Rule; 40 CFR Part 763, Subpart G.
