Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 178 - ENVIRONMENTAL HEALTH
Chapter 22 - ASBESTOS PROJECTS
Section 178-22-021 - WAIVER OF PRESCRIBED WORK PRACTICES AND APPROVAL OF ALTERNATIVE WORK PRACTICES

(A) A waiver may be requested for an individual asbestos project by attaching a completed waiver application according to 178 NAC 22-007.01(B) and the information required in 178 NAC 22-007.01(A) for an asbestos project notification.

(B) A waiver may be requested for an individual asbestos project by the project designer or by the owner or operator of the structure in which the asbestos project is planned prior to the selection of a licensed business entity to conduct the asbestos project by completion of waiver including the requirements of 178 NAC 22-007.01(B) and submission of that form with such other information as the Department deems necessary to evaluate the request. A copy of all waivers granted under 178 NAC 22-021 must be submitted with the project notification for the project to which it applies.

(C) A waiver may be requested for approval of an alternative work practice on a continuing basis for a business entity or individual, or for a particular facility belonging to that business entity or individual, by submitting a completed waiver according to 178 NAC 22-007.01(B).

(D) A waiver may be requested for approval of an exception to a specific worker protection requirement on a case-by-case basis if a business entity submits a written description of the alternative procedure and demonstrates to the Department's satisfaction that the proposed alternative procedure provides equivalent protection to the health, safety, and welfare of all classes of asbestos occupations and the general public. Any such request must be submitted by completing a waiver according to 178 NAC 22-007.01(B).

(A) A reference to the requirement by section number for which waiver is requested;

(B) A narrative explanation of rationale for requesting the waiver; and

(C) A description of the procedure proposed as an alternative work practice.

(D) The Department will approve or deny waivers in the form of a written notice to the applicant.