(a) Recordkeeping requirements. Without limiting any
federal or state requirement to which a licensee or record may otherwise
be subject, a person regulated by this chapter must maintain, retain,
and make available to DSHS for inspection or produce, upon request,
including for copying on or off-site, records and documents as required
by this section and each applicable subsection. For purposes of this
chapter, records that are required to be maintained at a central location
are not required to be maintained at the licensee’s principal
place of business and may be located off-site if the records are readily
accessible. A person that ceases to do business must notify DSHS in
writing within 30 days after such event and must make appropriate
arrangements for retention and maintenance of records, as required
under this section. The person must provide DSHS with the details
of such arrangement or comply with DSHS’s alternative instructions
within 60 days after ceasing to do business or receiving instructions
from DSHS, whichever is later.
(b) Asbestos abatement contractors, asbestos O&M
contractors, and RFCI contractors.
(1) Central location. A contractor described in this
subsection must maintain the following records and documents for any
project performed in a public building at a central location for a
period of at least 30 years after the date of project completion:
(A) records and documents which comply with applicable
recordkeeping requirements under 29 CFR Part 1910 (relating to Occupational
Safety and Health Standards), 29 CFR §1926.1101 (relating to
Asbestos), NESHAP, and AHERA;
(B) the name, address, and asbestos training certificate
number of each employee, past and present, including dates of employment
and a description of each employee's involvement in each asbestos
project while employed by the contractor; records must include the
name, physical address, and duration of each project;
(C) a copy of all regulatory agency correspondence,
including each required asbestos abatement/demolition notification
form, inspection form, letter, notice, and order;
(D) a copy of each waste shipment record (manifest),
including a copy of the manifest, signed in accordance with 40 CFR
§61.150(d)(5) (relating to Standard for waste disposal for manufacturing,
fabricating, demolition, renovation, and spraying operations) by the
owner or operator of the designated waste disposal site and each receipt
and documentation of disposal of asbestos waste showing the date,
location, and amount of asbestos waste disposed and identifying each
source of the asbestos waste and each transporter of the waste, including
the company name or driver name, if the driver is an employee of the
contractor;
(E) a copy of each laboratory report and sample analysis
documenting required air monitoring for the project, including a copy
of each consultant report provided to the contractor regarding project
monitoring; and
(F) a copy of all contracts and project specifications
and plans for each asbestos abatement project.
(2) On-site. Without limiting the retention requirements
of paragraph (1) of this subsection, the records and documents described
under this paragraph must be maintained on-site at the asbestos project
location for the duration of the project. RFCI contractors and DSHS-licensed
asbestos abatement and O&M contractors are responsible for their
employees’ documents to be on-site. The following records and
documents, at a minimum, must be maintained on-site as required in
this paragraph:
(A) each current applicable state-issued license or
registration for every person conducting an asbestos-related activity
for the contractor on the project site and a full-sized copy of each
applicable training certificate, that must be current, for each person;
(B) a copy of the current license for the licensed
asbestos abatement contractor or O&M contractor;
(C) a current copy of the contractor’s standard
operating procedures;
(D) a copy of the asbestos project specifications and
plans, or if project specifications and plans are not required, a
scope of work that outlines the location and describes operations
and abatement procedures for the project;
(E) a listing of each employee working on the project
by name and all applicable asbestos license or registration numbers
and training certificate numbers for each employee;
(F) name and address of each contractor, project supervisor,
consultant, project manager, air monitoring technician project monitor
(AMT/PM), waste transporter, waste disposal site, and building owner
for the asbestos project;
(G) a daily sign-in/sign-out log for the containment
or the regulated area if no containment is present; sign-in/sign-out
logs must identify each person by name and the length of time each
spent in the containment or regulated area;
(H) results of personal air monitoring samples, as
required in §296.211(h) of this chapter (relating to General
Requirements for Asbestos Abatement in a Public Building);
(I) a written respiratory protection program that complies
with 29 CFR §1910.134(c) (relating to Respiratory protection);
(J) a description of personal safety practices;
(K) a current copy of DSHS’s Physician’s
Written Statement form and each respirator fit-test performed within
the past 12 months for any individual who enters a regulated area;
(L) a copy of the current asbestos abatement/demolition
notification;
(M) a copy of this chapter;
(N) a copy of any federal regulation adopted by reference
in §296.2 of this chapter (relating to Reference of Federal Standards)
that applies to the asbestos-related activity that is being performed;
(O) the EPA Publication for O&M activities entitled,
"Managing Asbestos in Place: A Building Owner's Guide to Operations
and Maintenance Programs" (also known as the EPA Green Book) if such
activities are being performed;
(P) a copy of the recommended work practices for resilient
floor-covering removal published by the Resilient Floor Covering Institute
if the project involves removal of resilient floor-covering materials
using that method;
(Q) the Violation Notification Procedure poster issued
by DSHS, that must be posted and visible to the public at the entrance
to the regulated area, as required in §296.211(i) of this chapter;
and
(R) a copy of any asbestos-related order issued by
DSHS, EPA, or OSHA, that must be posted for 12 months or for a federal
asbestos-related order, the period of time required by the federal
asbestos-regulating authority from the date the order becomes effective
and visible to the public at the entrance to the regulated area, as
required in §296.211(i) of this chapter.
(c) Asbestos management planners. A licensed asbestos
management planner who undertakes and performs an activity independent
of an agency, must maintain each of the licensee’s asbestos
survey reports, bulk sampling results, and management plans for that
activity for 30 years after the date of project completion. These
records and documents must be maintained at a central location.
(d) Asbestos management planner agencies. A licensed
asbestos management planner agency must maintain each of its asbestos
survey reports, bulk sampling results, and management plans for 30
years from the date of project completion. These records and documents
must be maintained at a central location.
(e) Asbestos consultants. A licensed asbestos consultant
who undertakes and performs an activity independent of an agency,
must maintain for that activity each of the licensee’s asbestos
survey reports, assessments, bulk sampling results, asbestos management
plans, O&M plans, specifications and plans, air monitoring records,
each written designation of a project manager or AMT/PM and the project
manager’s or AMT/PM’s responsibilities and authority,
and a copy of every other asbestos abatement project document for
30 years after the date of project completion. These records and documents
must be maintained at a central location. While a project is in process
and until final visual inspection has been completed, all asbestos
abatement project documents for the project must be kept at the asbestos
project site.
(f) Asbestos consultant agencies. A licensed asbestos
consultant agency must maintain each of its asbestos survey reports,
assessments, bulk sampling results, asbestos management plans, O&M
plans, specifications and plans, air monitoring records, each written
designation of a project manager or AMT/PM and the project manager’s
or AMT/PM’s responsibilities and authority, and a copy of every
other asbestos abatement project document for 30 years after the date
of project completion. These records and documents must be maintained
at a central location. While a project is in process and until final
visual inspection has been completed, all asbestos abatement project
documents for the project must be kept at the asbestos project Cont'd... |