| (a) DSHS has the right to inspect or investigate the
practices of any person involved with asbestos abatement or asbestos-related
activity in a public building, commercial building, or facility.
(b) A DSHS representative is not required to provide
advance notice of, or seek permission to conduct, any asbestos-related
inspection or investigation.
(c) In order to inspect and investigate for compliance
with this chapter, a DSHS representative, upon presenting a DSHS identification
(ID) card, has the right to:
(1) enter at all reasonable times:
(A) any notified, actual, or former site of an asbestos-related
activity;
(B) if used to store records, the premises of a licensee
under this chapter or the central location where asbestos records
are maintained as required in §296.291 of this chapter (relating
to Recordkeeping); or
(C) any containment, facility or building, construction
site, storage area, storage area of a transport vehicle, or office
area;
(2) review records and make copies;
(3) interview any person;
(4) locate, identify, and assess the condition of ACM;
(5) take photographs; and
(6) collect bulk samples, air samples, or both.
(d) A person must not interfere with, refuse, or delay
an inspection or investigation conducted by a DSHS representative.
(e) DSHS is authorized to conduct any inspection or
investigation to evaluate compliance under the Act and this chapter.
A DSHS representative must not be impeded or denied entry to conduct
official duties. A person must not threaten or attempt to bribe or
intimidate a DSHS representative during the course of an inspection
or investigation and is subject to applicable administrative, civil,
and criminal sanctions for any violation.
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