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 296.61 - Asbestos Laboratory
Universal Citation: 25 TX Admin Code ยง 296.61
Current through Reg. 49, No. 38; September 20, 2024
(a) License required. A laboratory must be licensed as an asbestos laboratory before providing polarized light microscopy (PLM), phase contrast microscopy (PCM), or transmission electron microscopy (TEM) analysis of a bulk or air sample collected in a public building.
(b) Licensee scope of practice.
(1) Each branch
office of a licensed asbestos laboratory must be separately licensed and
accredited for each type of analysis it will perform.
(2) An asbestos laboratory must be
appropriately accredited by the NVLAP to perform the following types of
analysis:
(A) PLM analysis of a bulk sample;
or
(B) TEM analysis of an air
sample.
(3) An asbestos
laboratory may analyze air samples by PCM:
(A) in the laboratory, if accredited by the
American Industrial Hygiene Association (AIHA), the laboratory's individual
analysts performing the analysis are listed on the AIHA Asbestos Analyst
Registry (AAR), or the laboratory is enrolled and proficient in the AIHA
Proficiency Analytical Testing (PAT) Program, as required in §
296.47(b)(13)(C) of this chapter (relating to Initial and Renewal Licensure
Requirements for a Company); and
(B) in the field only if the laboratory's
individual analysts performing the analysis are licensed asbestos air
monitoring technicians or AMT/PMs; and:
(i)
listed on the AIHA AAR; or
(ii) the
laboratory is enrolled in the AIHA PAT Program and performs quality control
analysis on at least 10% of the samples analyzed.
(4) An asbestos laboratory or a
laboratory's individual analyst must not perform asbestos analysis if the
laboratory or analyst loses accreditation or proficiency, as
applicable.
(c) Licensee responsibilities. An asbestos laboratory may be held responsible for a violation under this chapter by its employees or the responsible person. An asbestos laboratory must:
(1) maintain the
proficiency and accreditation requirements, as required for licensure in §
296.47(b)(13) of this chapter for each analytical method performed; any change
in accreditation or proficiency must be reported in writing to DSHS within 10
working days after the change;
(2)
employ one individual as the responsible person who is responsible for the
asbestos laboratory's operations and compliance with this chapter; any change
of the responsible person must be reported in writing to DSHS within 10 working
days after the change;
(3)
cooperate with DSHS personnel during any inspection or investigation, in
accordance with § 296.271 of this chapter (relating to Inspections and
Investigations); and
(4) comply
with recordkeeping requirements, as required in § 296.291 of this chapter
(relating to Recordkeeping).
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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