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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 295OCCUPATIONAL HEALTH
SUBCHAPTER CTEXAS ASBESTOS HEALTH PROTECTION
RULE §295.44Licensure: Asbestos Operations and Maintenance Supervisor (Restricted)

(a) Licensing requirement. Individuals employed by licensed operations and maintenance (O&M) or abatement contractors to directly supervise personnel and work practices limited to the conduct of O&M activities affecting asbestos-containing building materials (ACBM) shall be licensed as asbestos O&M supervisors (restricted).

(b) Fee. The fee for a two-year license term is $225.

(c) Applications and renewals. Applications and renewals shall be submitted as required by §295.38 of this title (relating to Licensing and Registration: Applications and Renewals). Out-of-state applicants must comply with the applicable provision of §295.39 of this title (relating to Licensing and Registration: Out-of-State Applicants).

(d) Qualifications. The applicant for an O&M supervisor (restricted) license 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 abatement contractors and project supervisors, or the annual refresher training as described in §295.64(c) of this title (relating to Training: Required Asbestos Training Courses);

  (2) a physician's statement of the required physical examination submitted on the department "Physicians Written Statement" form only done within the past year as described in §295.42(e)(2) of this title (relating to Registration: Asbestos Abatement Workers);

  (3) a copy of the wallet-size photo-identification card 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 application may obtain the necessary photo-identification when attending the mandatory course on Texas asbestos rules, as required in accordance with §295.64(h) of this title;

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

  (5) proof of successfully passing the department examination, if required.

(e) Responsibilities. The asbestos O&M supervisor (restricted) shall:

  (1) comply with the Environmental Protection Agency (EPA) and Occupational Safety and Health Administration of the United States Department of Labor (OSHA) regulations for standards of small-scale, short-duration work practices which are adopted by reference in §295.33 of this title (relating to Adoption by Reference of Federal Standards);

  (2) comply with the additional work practices, as described in §295.59 of this title (relating to Operations: Operations and Maintenance Requirements);

  (3) maintain records at both the central office and work site locations, as described in §295.62 of this title (relating to Operations: Recordkeeping);

  (4) supply and maintain personal protection equipment, as specified by the department, and train employees who perform asbestos-related activities in the use of equipment, and to supervise their compliance;

  (5) comply with standards and practices for O&M activities as described in §295.59 of this title (relating to Operations: Operations and Maintenance (O&M) Requirements); and

  (6) cooperate with department personnel in the discharge of their official duties to conduct inspections and investigations, as described in §295.68 of this title (relating to Compliance: Inspections and Investigations).

(f) Restrictions and prohibitions. Licensing as an asbestos O&M supervisor is specifically restricted, as follows.

  (1) The licensee may be employed or retained only by a licensed O&M contractor or by a licensed asbestos abatement contractor to supervise O&M activities within public buildings, or to perform such work.

  (2) The licensee may also seek employment as an asbestos abatement worker but may not engage in any other asbestos-related activity for which a license is required.

  (3) The licensee shall not supervise asbestos abatement projects, which are larger than small scale, short duration or which have the sole purpose of removing ACBM, or act as a contractor.

  (4) The licensee shall not supervise any activity for which the primary purpose is asbestos abatement.


Source Note: The provisions of this §295.44 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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