| (a) Responsibility. The public building owner or the
owner's delegated agent must engage persons licensed as required in
this chapter to perform any asbestos-related activity.
(b) Project supervision and monitoring.
(1) Every asbestos abatement project undertaken by
a licensed asbestos abatement contractor in a public building under
this section must be supervised by at least one licensed asbestos
abatement supervisor and monitored by a licensed asbestos consultant
or the consultant's designated licensed project manager or licensed
asbestos air monitoring technician project monitor (AMT/PM). Except
as described in the following subparagraphs, these supervisory and
monitoring requirements extend to all projects performed in a public
building under Subchapter K of this chapter (relating to Asbestos
Management in a Public Building, Commercial Building, or Facility),
Subchapter L of this chapter (relating to General Requirements, and
Practices and Procedures for Asbestos Abatement in a Public Building),
and Subchapter M of this chapter (relating to Alternative Asbestos
Practices and Procedures in a Public Building).
(A) A licensed asbestos consultant or a licensed project
manager or licensed AMT/PM designated by the consultant is not required
to monitor or assess an SSSD O&M activity conducted under §296.213
of this chapter (relating to Asbestos Operations and Maintenance (O&M)
Practices and Procedures for O&M Licensees in a Public Building),
except that, for a project involving the use of a mini-containment,
visual clearance must be performed by a licensed asbestos consultant
or a licensed project manager or licensed AMT/PM designated by the
consultant and third-party air clearance monitoring must be performed
by a licensed air monitoring technician (AMT), licensed AMT/PM, or
a licensed asbestos consultant before the mini-containment is removed.
(B) An asbestos abatement supervisor, consultant, or
designated project manager or AMT/PM licensed under this chapter is
not required to supervise, monitor, or assess, as applicable, a project
conducted in accordance with §296.231 of this chapter (relating
to Alternative Practices and Procedures for Removal of Asbestos-Containing
Resilient Floor-Covering Material in a Public Building).
(2) Except as otherwise provided under paragraph (1)
of this subsection:
(A) A licensed asbestos abatement supervisor and a
licensed asbestos consultant or the consultant's designated licensed
asbestos project manager or licensed AMT/PM must remain on-site and
in immediate proximity to the abatement activity during all periods
of that activity.
(B) A licensed asbestos abatement supervisor must supervise
the asbestos abatement activity from inside the containment area during
at least 25% of each day on which asbestos abatement activity occurs
in a containment.
(C) A licensed asbestos consultant or the consultant's
designated licensed asbestos project manager or licensed AMT/PM must
enter and inspect the containment and monitor asbestos abatement activities,
conducted as required in Subchapter L of this chapter and Subchapter
M of this chapter, as applicable, every day of the asbestos abatement
activity, before the start of asbestos abatement activity for the
day, routinely throughout the day, for the duration of the project
from the beginning of containment to the final visual inspection of
the project site and loading of ACWM for transport, as applicable,
to:
(i) monitor the asbestos abatement activity by observing,
reporting, and documenting that the regulated area, containment, or
both is in compliance with this chapter and the specifications and
plans, as applicable;
(ii) identify and document any correction needed;
(iii) document correction of any identified issue of
noncompliance with asbestos abatement activity in a regulated area,
containment, or both, as applicable, before work proceeds; and
(iv) report any identified issue of noncompliance that
was not corrected to DSHS, as required in §296.41(f) of this
chapter (relating to License and Registration Requirements).
(D) At least one licensed asbestos O&M supervisor
or licensed asbestos abatement supervisor must supervise every SSSD
O&M activity performed as described in §296.213 of this chapter
during all periods of asbestos abatement activity.
(c) Employees. If an employee or delegated agent of
any licensee who is an employer must intentionally disturb, handle,
or otherwise work with ACBM, or engage in an asbestos abatement project,
asbestos SSSD O&M activity, or other asbestos-related activity,
the employee must have an annual medical examination and respirator
fit-test that meets the requirements stated in the asbestos regulations
of the EPA or OSHA, as applicable, and be properly equipped, trained,
and licensed as required in this chapter.
(d) Records. Project records for each asbestos-related
activity in a public building must be kept for 30 years from the date
of project completion and made available for inspection and review
upon request from DSHS. Project records include all findings of violation
and disciplinary action issued against a licensee by the EPA, OSHA,
or a state agency. The recordkeeping responsibilities for licensees
are described in §296.291 of this chapter (relating to Recordkeeping).
(e) Inspections and investigations. Each licensee,
RFCI contractor, and building owner must assist and cooperate with
all properly identified representatives of DSHS in the conduct of
an asbestos inspection or investigation, as described in §296.271
(relating to Inspections and Investigations) of this chapter at any
reasonable time, with or without prior notice or permission.
(f) Respiratory protection program. Each employer with
one or more employees who perform any asbestos-related activity must
comply with the requirements in 29 CFR §1910.134 (relating to
Respiratory protection) for establishing and following a written respiratory
protection program, with worksite-specific procedures, and in accordance
with 29 CFR §1926.1101(h)(2) (relating to Asbestos), 29 CFR §1910.1001(g)(2)
(relating to Asbestos), and 40 CFR Part 763, Subpart G (relating to
Asbestos Worker Protection), whichever is applicable. Each employer
must maintain a current copy of the respiratory protection program
at all project locations. Required respirators must be properly worn
at all times in containment and as otherwise required during asbestos
abatement activity.
(1) The employer must provide for personal air monitoring
to determine airborne concentrations of asbestos exposure to its employees
in compliance with 40 CFR Part 763, Subpart G (relating to Asbestos
Worker Protection), or 29 CFR §1926.1101, whichever is applicable,
unless the employer has obtained a negative exposure assessment in
compliance with 29 CFR §1926.1101.
(2) The employer must maintain, in a safe working condition,
a sufficient number of respirators of the types and styles approved
by NIOSH to meet all requirements for the employees. The employer
and any representative of the employer must not permit any person
whose facial characteristics, hair, mustache, or beard preclude the
tight fit of a negative-pressure respirator to enter the containment
during any asbestos abatement activity. The employer must select and
provide an appropriate respirator that correctly fits the employee,
such as a positive pressure or supplied-air respirator designed for
usage with facial hair.
(g) Suspect ACBM found during the asbestos abatement
project. A suspect building material found during an asbestos abatement
project that has not been surveyed must be treated as ACBM. The material
may be proven to be non-asbestos-containing by laboratory analysis,
as required in §296.191(f) of this chapter (relating to Asbestos
Management in a Public Building, Commercial Building, or Facility).
(h) Project air monitoring, personal air monitoring,
and project work practice monitoring. The licensed asbestos consultant
for an abatement project in a public building must specify in writing
the duties, responsibilities, and authority of the licensed project
manager, air monitoring technician, and AMT/PM. When asbestos is abated
under an alternative work practice established in Subchapter M of
this chapter, the project monitoring requirements for the chosen work
practice apply and air sampling and analysis must comply with the
NIOSH 7400 requirements outlined in paragraph (1) of this subsection,
as applicable.
(1) Ambient air sampling. Air samples must be collected
by a licensed asbestos air monitoring technician, AMT/PM, or asbestos
consultant. The sample pumps must be monitored throughout the day
during the sampling period by the person collecting the samples. For
all projects, samples must be collected and analyzed using the NIOSH
7400 method, counting rules A, Phase-contrast Microscopy (PCM). Samples
must be collected at a flow rate between 0.5 to 16 liters per minute
on 0.8 micron mixed cellulose ester (MCE) filters in cassettes with
electrically conductive extension cowls. Only one cassette may be
placed on a pump at a time. PCM must be used in accordance with the
NIOSH 7400 method to determine the fiber concentration present. Cont'd... |
