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 296.59 - Asbestos Consultant Agency
Universal Citation: 25 TX Admin Code ยง 296.59
Current through Reg. 49, No. 38; September 20, 2024
(a) License required. A person employing an asbestos consultant and one or more asbestos inspectors, asbestos project managers, asbestos air monitoring technicians, asbestos air monitoring technician project monitors (AMT/PM), asbestos management planners, or additional asbestos consultants working in the capacity of their licenses must be licensed as an asbestos consultant agency.
(b) Licensee scope of practice.
(1) An asbestos consultant agency
may:
(A) employ an asbestos consultant,
asbestos inspector, asbestos project manager, asbestos air monitoring
technician, AMT/PM, or asbestos management planner licensed as required in this
chapter and working in the capacity of that individual's license; and
(B) represent a building owner by providing
asbestos project monitoring services and asbestos air monitoring services
during an asbestos abatement project.
(2) An asbestos consultant agency must employ
a responsible person who has completed the training as referenced in
§§ 296.46(b)(2)(G) and (c) of this chapter (relating to Initial and
Renewal Licensure Requirements for an Individual) to engage in asbestos
abatement activities.
(c) Licensee responsibilities. An asbestos consultant agency may be held responsible for a violation under this chapter by its employees or the responsible person. An asbestos consultant agency must:
(1) require the responsible person to:
(A) oversee the operations for the asbestos
consultant agency 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 consultant agency comply with all applicable:
(A) responsibilities for licensed asbestos
project managers, as required in § 296.62 of this chapter (relating to
Asbestos Project Manager), licensed asbestos air monitoring technicians, as
required in § 296.54 of this chapter (relating to Asbestos Air Monitoring
Technician), licensed asbestos air monitoring technician project monitors, as
required in § 296.55 of this chapter (relating to Asbestos Air Monitoring
Technician Project Monitor), and licensed asbestos consultants, as required in
§ 296.58 of this chapter (relating to Asbestos Consultant); and
(B) requirements of this chapter;
(3) comply with standards of
operation, including the EPA regulations adopted by reference in § 296.2
of this chapter (relating to Reference of Federal Standards);
(4) comply with applicable OSHA regulations,
including, as applicable, the work practices and controls in
29 CFR §
1926.1101(g) (relating to
Asbestos);
(5) comply with the
relevant requirements in § 296.211 of this chapter (relating to General
Requirements for Asbestos Abatement in a Public Building);
(6) comply with the abatement practices and
procedures in § 296.212 of this chapter (relating to Standard Asbestos
Abatement Practices and Procedures in a Public Building), as
applicable;
(7) comply with the
restrictions and required work practices 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) for SSSD O&M
activities conducted under that section, as applicable;
(8) comply with the restrictions and required
work practices described in § 296.232 of this chapter (relating to
Alternative Asbestos Abatement Practices and Procedures for Certain Nonfriable
Asbestos-Containing Building Material (ACBM) in a Public Building) for
activities conducted under that section, as applicable;
(9) comply with the restrictions and required
work practices described in § 296.233 of this chapter (relating to
Alternative Asbestos Practices and Procedures for Small Projects and Repetitive
Tasks in a Public Building) for activities conducted under that section, as
applicable;
(10) comply with the
restrictions and required work practices described in § 296.234 of this
chapter (relating to Alternative Practices and Procedures for Removal of Whole
Components of Intact Asbestos-Containing Material (ACM) in a Public Building)
for activities conducted under that section, as applicable;
(11) at no cost to the employee, comply with
personal protective equipment (PPE) requirements in
29 CFR §
1910.132(h) (relating to
General requirements), 29
CFR §
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, including:
(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;
(12) 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;
(13) 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;
(14) ensure that each employee who performs
asbestos-related activities is familiar with federal, state, and local
standards for asbestos removal, encapsulation, and enclosure;
(15) ensure that each employee who performs
an asbestos-related activity complies with the applicable training, as required
in § 296.73 of this chapter (relating to Asbestos Training
Courses);
(16) provide and maintain
in good working condition the necessary equipment for performing
asbestos-related activities;
(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 any inspection or investigation, as
required in § 296.271 of this chapter (relating to Inspections and
Investigations); and
(19) comply
with recordkeeping requirements, in accordance with § 296.291 of this
chapter (relating to Recordkeeping).
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