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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER CTEXAS ASBESTOS HEALTH PROTECTION
RULE §295.43Licensure: Asbestos Operations and Maintenance Contractor (Restricted)

(a) Licensing requirement. Persons must be licensed as asbestos abatement contractors or as asbestos operations and maintenance (O&M) contractors (restricted) to conduct asbestos O&M activities. Building owners that would have their own employees perform such activities for their buildings shall be licensed according to this section.

(b) Restrictions.

  (1) Asbestos O&M activities are restricted to small-scale, short-duration work practices and engineering controls for tasks that result in the disturbance, dislodgment, or removal of asbestos in the course of performing repairs, maintenance, renovation, installation, replacement, or cleanup operations, as adopted in §295.33(a) of this title (relating to Adoption of Standards).

  (2) Whenever asbestos abatement is the primary or principal purpose of any asbestos activity in a public building it must be performed by an asbestos abatement contractor licensed under these sections.

  (3) Those who solicit or conduct asbestos operations and maintenance activities within a public building under contract or other hire agreement must be licensed as asbestos abatement contractors or asbestos O&M contractors.

  (4) Employees who perform asbestos O&M activities for asbestos abatement contractors or asbestos O&M contractors must be registered as asbestos abatement workers, and under the supervision of employees who are trained and licensed as asbestos O&M supervisors or asbestos abatement supervisors.

  (5) EPA regulatory requirements for small-scale, short duration activities affecting asbestos are explained in detail in 40 CFR, Part 763, Appendix B to Subpart E, as amended. The same regulatory requirements of OSHA for these activities are explained in 29 CFR §1926.1101. The restricted asbestos activities of licensed O&M contractors, O&M supervisors, and asbestos workers shall be confined to the work practices and procedures therein.

(c) Fee. The fee for a two-year license term is $260.

(d) Applications and renewals. These are subject to the provisions of §295.38 of this title (relating to Licensing and Registration: Applications and Renewals). Out-of-state applicants must comply with §295.39 of this title (relating to Licensing and Registration: Out-of-State Applicants).

(e) Qualifications. Applicants for licensing as asbestos operations and maintenance contractors shall provide:

  (1) a certificate of training from a training provider approved by or acceptable to the Texas Department of Health (department), indicating successful completion within the past 12 months of the approved training course for asbestos abatement contractors and supervisors or the annual refresher training, as described in §295.64(c) of this title (relating to Training: Required Asbestos Training Courses). An applicant organization shall designate at least one individual as their responsible person who will comply with this training requirement. This person must be responsible for asbestos operations and compliance with all asbestos rules and regulations;

  (2) a State of Texas sales tax account number for the applicant organization;

  (3) a written respiratory protection plan to be maintained and adhered to during periods of abatement activity;

  (4) a description of the protective clothing and respirators which will be used;

  (5) a description of the site decontamination procedures;

  (6) a description of the procedures for handling waste containing asbestos;

  (7) a description of the removal and encapsulation methods;

  (8) a description of the air-monitoring procedures;

  (9) a description of final cleanup procedures;

  (10) a description of the provisions for recordkeeping;

  (11) a list of operations and maintenance projects completed in the past year;

  (12) a copy of all disposal manifests for projects completed in the past year;

  (13) a list of asbestos inspections performed by other agencies;

  (14) copies of all citations issued;

  (15) proof of successfully passing the department examination for asbestos abatement contractors and supervisors;

  (16) a copy of the wallet-size photo-identification card of the responsible person from the training course, as required from all trainers in Texas in accordance with §295.65(f)(2) of this title (relating to Training: Approval of Training Courses). Persons submitting out-of-state training certificates with their applications shall submit the necessary photo-identification they obtain when attending the mandatory course on Texas asbestos rules, as required in accordance with §295.64(h) of this title; and

  (17) a current one-inch by one-inch photograph of the face of the responsible person. The photograph submitted to the department for licensing purposes must have a white background.

(f) Responsibilities. O&M contractors who obtain restricted licenses shall be responsible for:

  (1) complying with standards of operation, as described in §295.58 of this title (relating to Operations: General Requirements) and §295.59 of this title (relating to Operations: Operations and Maintenance Requirements) and with the plans and specifications for the asbestos activity being performed;

  (2) complying with federal standards of operation, including EPA and OSHA regulations, which are adopted by reference, as follows:

    (A) OSHA regulations in 29 CFR, §1926.1101(g)(9), titled "Work Practices and Engineering Controls for Class III Asbestos Work"; or

    (B) EPA regulations in 40 CFR, Part 763, Subpart E, Appendix B, titled "Work Practices and Engineering Controls for Small-Scale, Short-Duration Operations, Maintenance and Repair (O&M) Activities Involving ACM";

  (3) employment of at least one licensed operations and maintenance (O&M) supervisor (restricted) to supervise or perform operations or maintenance activities. An individual licensed as an asbestos abatement supervisor may be substituted for the O&M supervisor. Employees who are registered asbestos abatement workers shall perform O&M activities only under the direct supervision of either category of supervisors named in this section;

  (4) complying with recordkeeping requirements, both the central office and work site locations, as described in §295.62 of this title (relating to Operations: Recordkeeping);

  (5) complying with the requirement to notify the department about impending abatement projects, changes requiring re-notification, and emergency notification, as described in §295.61 of this title (relating to Operations: Notification);

  (6) complying with the requirement to supply and train employees who perform asbestos-related activities in the use of personal protection equipment, and to maintain the current training status of each employee according to §295.64 of this title (relating to Training: Required Asbestos Training Courses);

  (7) acquiring and maintaining in good working condition and free of asbestos contamination the necessary equipment for performing O&M activities, as prescribed by the department;

  (8) assisting department personnel in the discharge of their official duties to conduct inspections and investigations, as described in §295.68 of this title (relating to Licensing Operations: Inspection and Investigations); and

  (9) providing for the proper temporary storage and for the final disposal of waste asbestos, which must be disposed of within 30 days of project completion or when receiving container is full, whichever is sooner.

(g) Prohibitions. Asbestos O&M licensees shall not engage in any activity for which the primary purpose is asbestos abatement.


Source Note: The provisions of this §295.43 adopted to be effective October 20, 1992, 17 TexReg 6901; amended to be effective September 22, 1994, 19 TexReg 7098; amended to be effective December 13, 1998, 23 TexReg 12353; amended to be effective March 27, 2003, 28 TexReg 2549; amended to be effective January 1, 2005, 29 TexReg 11987; amended to be effective February 1, 2006, 31 TexReg 400

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