Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION
Subchapter D - LICENSE AND REGISTRATION
Section 296.52 - Asbestos Operations and Maintenance Contractor

Universal Citation: 25 TX Admin Code ยง 296.52

Current through Reg. 49, No. 38; September 20, 2024

(a) License required. A person must be licensed as an asbestos operations and maintenance (O&M) contractor to employ an asbestos O&M supervisor to supervise or perform asbestos SSSD O&M activities in a public building owned or managed by the O&M contractor.

(b) Licensee scope of practice.

(1) An asbestos O&M contractor is restricted to carrying out SSSD O&M activities as 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).

(2) The asbestos O&M contractor's employees who perform asbestos SSSD O&M activities must be registered asbestos abatement workers, licensed O&M supervisors, or licensed asbestos abatement supervisors.

(3) An asbestos O&M contractor must employ a responsible person who has completed the Asbestos Contractor/Supervisor training as required in § 296.46 of this chapter (relating to Initial and Renewal Licensure Requirements for an Individual) to carry out asbestos SSSD O&M activities.

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

(1) require the responsible person to:
(A) oversee the operations for the asbestos SSSD O&M 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 O&M contractor comply with all applicable:
(A) responsibilities for:
(i) licensed asbestos O&M supervisors, as required in § 296.51 of this chapter (relating to Asbestos Operations and Maintenance Supervisor);

(ii) licensed asbestos abatement supervisors, as required in § 296.49 of this chapter (relating to Asbestos Abatement Supervisor);

(iii) licensed asbestos air monitoring technicians, as required in § 296.54 of this chapter (relating to Asbestos Air Monitoring Technician);

(iv) licensed asbestos air monitoring technician project monitor, as required in § 296.55 of this chapter (relating to Asbestos Air Monitoring Technician Project Monitor); and

(v) registered asbestos abatement workers, as required in § 296.48 of this chapter (relating to Asbestos Abatement Worker); and

(B) requirements of this chapter;

(3) employ at least one licensed asbestos O&M supervisor or licensed asbestos abatement supervisor to oversee or perform SSSD O&M activities involving asbestos abatement;

(4) comply with standards of operation, including the EPA regulations adopted by reference in § 296.2 of this chapter (relating to Reference of Federal Standards);

(5) comply with applicable OSHA regulations, including, as applicable, the work practices and controls in 29 CFR § 1926.1101(g) (relating to Asbestos);

(6) comply with the requirements of § 296.211 of this chapter (relating to General Requirements for Asbestos Abatement in a Public Building) and § 296.213 of this chapter, as applicable, for the asbestos-related activity being performed;

(7) at no cost to the employee, follow personal protective equipment (PPE) requirements in 29 CFR § 1910.132(h), § 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. This includes:
(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;

(8) 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;

(9) 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;

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

(11) obtain and keep on-site a copy of the current training certificate, as required in § 296.73 of this chapter (relating to Asbestos Training Courses) for each employee who performs an asbestos-related activity;

(12) control asbestos exposure in all work, in compliance with 29 CFR § 1926.1101 and 40 CFR §763.122, as applicable;

(13) provide and maintain in good working condition and free of asbestos contamination the necessary equipment for employees to perform asbestos SSSD O&M activities;

(14) if delegated by the owner, comply with the notification requirements, as required in § 296.251 of this chapter (relating to Notifications);

(15) provide for temporary storage of ACWM, as required in § 296.213(b)(15) of this chapter;

(16) provide for disposal of ACWM in accordance with 40 CFR § 61.150 (relating to Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations):
(A) complete and provide a waste shipment record (manifest) for the asbestos transporter before the transporter departs with the waste on a form as described for the waste generator in 40 CFR § 61.150(d);

(B) contact the waste site if a copy of the manifest signed by the owner or operator of the designated waste disposal site has not been received within 35 calendar days after the date the waste was accepted by the transporter;

(C) report in writing to DSHS in accordance with 40 CFR § 61.150(d)(4) if a copy of the manifest signed by the owner or operator of the designated waste disposal site is not received within 45 calendar days after the date the waste was accepted by the transporter; and

(D) provide a copy of the manifest signed by the owner or operator of the designated waste disposal site to the building owner or the building owner's authorized representative; and

(E) maintain records in accordance with 40 CFR § 61.150(d)(5) and § 296.291 of this chapter (relating to Recordkeeping);

(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 inspections and investigations, as required in § 296.271 of this chapter (relating to Inspections and Investigations); and

(19) comply with recordkeeping requirements, as required in § 296.291 of this chapter.

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