Current through Reg. 49, No. 38; September 20, 2024
(a) License required. A person must be
licensed as an asbestos air monitoring technician (AMT) to perform air
monitoring services for an asbestos abatement project or asbestos-related
activity in a public building. A licensed AMT must have written delegated
authority, as required in § 296.58(b)(1)(K) of this chapter (relating to
Asbestos Consultant) to perform project air monitoring in a public building.
Unless otherwise prohibited in § 296.31 of this chapter relating to
(Conflict of Interest), a licensed asbestos consultant may also perform the
duties of a licensed AMT and is subject to the same conditions, restrictions,
and requirements applicable to an AMT under this section.
(b) Licensee scope of practice. An AMT may:
(1) collect baseline, area, and clearance
samples, if employed by an asbestos consultant agency or an asbestos
laboratory;
(2) collect personal
samples in accordance with 29 CFR §
1926.1101 (relating
to Asbestos), if employed by a licensed asbestos consultant or licensed
consultant agency that is hired by an asbestos abatement contractor or asbestos
operations and maintenance (O&M) contractor, as described in
§296.31(b)(1)(B); and
(3)
analyze airborne fibers in the field, if the AMT is employed by a licensed
asbestos laboratory and:
(A) is listed on the
American Industrial Hygiene Association (AIHA) Asbestos Analyst Registry, as
required in § 296.61 of this chapter (relating to Asbestos Laboratory);
or
(B) has received the NIOSH 582
or NIOSH 582 Equivalent training and participates in the AIHA Proficiency
Analytical Testing Program.
(c) Licensee responsibilities. An AMT must:
(1) collect area, baseline, and clearance air
samples either:
(A) as described in the
asbestos abatement project specifications and plans; or
(B) as required in § 296.211(h) of this
chapter (relating to General Requirements for Asbestos Abatement in a Public
Building) when specifications and plans are not required;
(2) collect personal air samples in
accordance with 40 CFR Part 763, Subpart G (relating to Asbestos Worker
Protection) or 29 CFR §
1926.1101 (relating to Asbestos), whichever
is applicable, when hired to collect personal samples;
(3) if analyzing air samples in the field,
demonstrate, upon request by a DSHS inspector, competency in phase contrast
microscopy analysis using the NIOSH 7400 method, including:
(A) calibrating microscopes;
(B) reading test slides provided by the DSHS
inspector;
(C) preparing sampling
logs;
(D) preparing sample
slides;
(E) performing calculations
to determine sample time, flow rate, volume, sample count, fiber concentration,
and time weighted average; and
(F)
providing documentation of AMT's NIOSH 582 or NIOSH 582 Equivalent training
certificate and documentation of current participation in the AIHA Proficiency
Analytical Testing Program or current registration with the AIHA Asbestos
Analyst Registry;
(4)
record in writing the results of area, baseline, clearance, and personal air
samples that are analyzed, and document that area, baseline, and clearance air
sample results are provided verbally, and personal air sample results are
provided in writing, to the asbestos abatement contractor by the following time
frames unless the consultant has designed a sampling strategy that deviates
from these time frames:
(A) the next working
day after the date of sampling for any air sample analyzed on-site;
or
(B) the third working day after
the date of initial sampling of friable ACBM for any air sample analyzed in an
asbestos laboratory off-site;
(5) cooperate with DSHS personnel during
inspections and investigations, as required in § 296.271 of this chapter
(relating to Inspections and Investigations); and
(6) comply with recordkeeping requirements,
as required in § 296.291 of this chapter (relating to
Recordkeeping).