| (a) License required. A person must be licensed as
an asbestos abatement contractor to engage in asbestos abatement in
a public building for others under contract or other agreement or
otherwise be designated to perform that function.
(b) Licensee scope of practice.
(1) Licensee practice and limitations.
(A) An asbestos abatement contractor must employ licensed
asbestos abatement supervisors and registered asbestos abatement workers
to perform asbestos abatement activities.
(B) An asbestos abatement contractor must employ a
responsible person who has completed the Asbestos Contractor/Supervisor
training as required in §296.46 of this chapter (relating to
Initial and Renewal Licensure Requirements for an Individual) to engage
in asbestos abatement activities.
(C) An asbestos abatement contractor must employ a
licensed asbestos operations and maintenance (O&M) supervisor
or a licensed asbestos abatement supervisor to supervise an SSSD O&M
activity performed as described in §296.213 of this chapter (relating
to Asbestos Operations and Maintenance (O&M) Practices and Procedures
for O&M Licensees in a Public Building).
(D) An asbestos abatement contractor may employ a licensed
O&M supervisor or a licensed asbestos abatement supervisor to
perform the duties of an asbestos abatement worker.
(E) An asbestos abatement contractor must not engage
in an asbestos abatement activity in a public building unless the
asbestos project manager or asbestos consultant and an asbestos abatement
supervisor is on-site.
(2) Licensee responsibilities. An asbestos abatement
contractor may be held responsible for a violation under this chapter
by its employees or the responsible person. An asbestos abatement
contractor must:
(A) require the responsible person to:
(i) oversee the operations for the asbestos abatement
activities; and
(ii) comply with the applicable requirements of this
chapter;
(B) require that its responsible person and any employee
who performs an activity on behalf of the asbestos abatement contractor
comply with all applicable:
(i) responsibilities for:
(I) licensed asbestos abatement supervisors, as required
in §296.49 of this chapter (relating to Asbestos Abatement Supervisor);
(II) licensed asbestos air monitoring technicians,
as required in §296.54 of this chapter (relating to Asbestos
Air Monitoring Technician);
(III) licensed asbestos air monitoring technician project
monitors, as required in §296.55 of this chapter (relating to
Asbestos Air Monitoring Technician Project Monitor); and
(IV) licensed asbestos abatement workers, as required
in §296.48 of this chapter (relating to Asbestos Abatement Worker);
and
(ii) requirements of this chapter;
(C) employ at least one licensed asbestos abatement
supervisor to oversee asbestos abatement activity for each project
where asbestos abatement activity is occurring in a public building;
(D) comply with standards of operation, including the
EPA regulations adopted by reference in §296.2 of this chapter
(relating to Reference of Federal Standards);
(E) comply with applicable OSHA regulations, including,
as applicable, the work practices and controls in 29 CFR §1926.1101(g)
(relating to Asbestos);
(F) comply with the requirements of §296.211 of
this chapter (relating to General Requirements for Asbestos Abatement
in a Public Building);
(G) comply with the work practices required under §296.212
of this chapter (relating to Standard Asbestos Abatement Practices
and Procedures in a Public Building);
(H) comply with the restrictions and required work
practices for SSSD O&M activities described in §296.213 of
this chapter for SSSD O&M activities conducted under that section;
(I) comply with the restrictions and required work
practices described in:
(i) §296.232 of this chapter (relating to Alternative
Asbestos Abatement Practices and Procedures for Certain Nonfriable
Asbestos-Containing Building Material (ACBM) in a Public Building);
(ii) §296.233 of this chapter (relating to Alternative
Asbestos Practices and Procedures for Small Projects and Repetitive
Tasks in a Public Building); and
(iii) §296.234 of this chapter (relating to Alternative
Practices and Procedures for Removal of Whole Components of Intact
Asbestos-Containing Material (ACM) in a Public Building) for activities
conducted under those sections;
(J) at no cost to the employee, comply with personal
protective equipment (PPE) requirements in 29 CFR §1910.132(h)
(relating to General requirements), §1926.1101(h) and (i), and
40 CFR §763.122 (relating to What does this subpart require me
to do?), as applicable, for employees who perform asbestos-related
activities. This includes:
(i) providing and maintaining PPE for employees;
(ii) training employees on the proper use, care, and
inspection of PPE;
(iii) documenting training in the proper use, care,
and inspection of PPE;
(iv) documenting respirator inspections; and
(v) ensuring compliance with the use of PPE;
(K) provide at no cost to the employee, an annual medical
examination, as required in §296.42(i) of this chapter (relating
to Initial and Renewal Applications) for each employee who performs
an asbestos-related activity;
(L) ensure that each employee who performs asbestos-related
activities has a current DSHS's Physician's Written Statement, as
required in §296.42(i) of this chapter;
(M) ensure that each employee who performs asbestos-related
activities is familiar with federal, state, and local standards for
asbestos removal, encapsulation, and enclosure;
(N) obtain and keep on-site a copy of the current training
certificate, as required in §296.73 of this chapter (relating
to Asbestos Training Courses) for each employee who performs an asbestos-related
activity;
(O) control asbestos exposure in all work, in compliance
with 29 CFR §1926.1101 (relating to Asbestos) and 40 CFR §763.122,
as applicable;
(P) provide and maintain in good working condition
the necessary equipment for performing asbestos abatement activities;
(Q) if delegated by the owner, comply with the notification
requirements, as required in §296.251 of this chapter (relating
to Notifications);
(R) provide for temporary storage of ACWM, as required
in §296.212(c)(8) of this chapter;
(S) provide for disposal of ACWM in accordance with
40 CFR §61.150 (relating to Standard for waste disposal for manufacturing,
fabricating, demolition, renovation, and spraying operations):
(i) complete and provide a waste shipment record (manifest)
for the asbestos transporter before the transporter departs with the
waste on a form as described for the waste generator in 40 CFR §61.150(d);
(ii) contact the waste site if a copy of the manifest
signed by the owner or operator of the designated waste disposal site
has not been received within 35 calendar days after the date the waste
was accepted by the transporter;
(iii) report in writing to DSHS in accordance with
40 CFR §61.150(d)(4) if a copy of the manifest signed by the
owner or operator of the designated waste disposal site is not received
within 45 calendar days after the date the waste was accepted by the
transporter;
(iv) provide a copy of the manifest signed by the owner
or operator of the designated waste disposal site to the building
owner or the building owner's authorized representative; and
(v) maintain records in accordance with 40 CFR §61.150(d)(5)
and §296.291 of this chapter (relating to Recordkeeping);
(T) report a change of the responsible person in writing
to DSHS within 10 working days after the change;
(U) cooperate with DSHS personnel during inspections
and investigations, as required in §296.271 of this chapter (relating
to Inspections and Investigations); and
(V) comply with recordkeeping requirements, as required
in §296.291 of this chapter.
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