Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos
Section 28.03 - General Requirements
Current through Register 1531, September 27, 2024
(1) Worker Protection. The requirements of the OSHA Asbestos Construction Standard, 29 CFR Part 1926.1101, including paragraphs (f), (h), (i) and (m), and other applicable OSHA standards shall apply to the personal protection and medical monitoring of employees, including employees of the Commonwealth or any of its political subdivisions, who perform work subject to these regulations. In addition, in accordance with 454 CMR 28.08(3)(d), Asbestos Contractors must maintain as records the results of all personal exposure monitoring, respirator fit testing and medical examinations required by 29 CFR Part 1926 and other applicable OSHA standards as a condition of licensure. Violations of OSHA regulations pertaining to worker protection may be referred to OSHA for enforcement action. The personal protection and medical monitoring of employees of the Commonwealth and its political subdivisions and other persons exempted from enforcement by federal OSHA must be in accordance with the provisions of 454 CMR 28.04, and M.G.L. c. 149, § 61/2, which the Department enforces. Responsibility for compliance with such worker protection requirements rests with the employer and the Responsible Person(s) designated thereby.
(2) Requirements for the Use of Personnel.
(3) Requirement to Abate Asbestos Hazards. Asbestos-containing Materials that would be disturbed during the course of Asbestos-associated Work must be abated prior to the commencement of such work.
(4) Requirement for Schools to Comply with AHERA. Public and nonpublic elementary and secondary schools (K-12) shall comply with MA-AHERA found at 454 CMR 28.13.