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

Universal Citation: 454 MA Code of Regs 454.28

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.

(a) Persons engaged in Asbestos Work subject to 454 CMR 28.00 shall only perform or be assigned to perform those tasks authorized by 454 CMR 28.00. Performance of unauthorized tasks or functions shall be cause for administrative license action, civil penalty, or both.

(b) Persons must be at least 18 years of age or older to perform any Asbestos Work subject to 454 CMR 28.00 or to receive licensure in any asbestos-related discipline pursuant to 454 CMR 28.00.

(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.

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