| (a) License required. A person must be licensed as
an asbestos operations and maintenance (O&M) contractor to employ
an asbestos O&M supervisor to supervise or perform asbestos SSSD
O&M activities in a public building owned or managed by the O&M
contractor.
(b) Licensee scope of practice.
(1) An asbestos O&M contractor is restricted to
carrying out SSSD O&M activities 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).
(2) The asbestos O&M contractor's employees who
perform asbestos SSSD O&M activities must be registered asbestos
abatement workers, licensed O&M supervisors, or licensed asbestos
abatement supervisors.
(3) An asbestos O&M 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 carry out asbestos
SSSD O&M activities.
(c) Licensee responsibilities. An O&M contractor
may be held responsible for a violation under this chapter by its
employees or the responsible person. An asbestos O&M contractor
must:
(1) require the responsible person to:
(A) oversee the operations for the asbestos SSSD O&M
activities; and
(B) comply with the applicable requirements of this
chapter;
(2) require that its responsible person and any employee
who performs an activity on behalf of the asbestos O&M contractor
comply with all applicable:
(A) responsibilities for:
(i) licensed asbestos O&M supervisors, as required
in §296.51 of this chapter (relating to Asbestos Operations and
Maintenance Supervisor);
(ii) licensed asbestos abatement supervisors, as required
in §296.49 of this chapter (relating to Asbestos Abatement Supervisor);
(iii) licensed asbestos air monitoring technicians,
as required in §296.54 of this chapter (relating to Asbestos
Air Monitoring Technician);
(iv) licensed asbestos air monitoring technician project
monitor, as required in §296.55 of this chapter (relating to
Asbestos Air Monitoring Technician Project Monitor); and
(v) registered asbestos abatement workers, as required
in §296.48 of this chapter (relating to Asbestos Abatement Worker);
and
(B) requirements of this chapter;
(3) employ at least one licensed asbestos O&M supervisor
or licensed asbestos abatement supervisor to oversee or perform SSSD
O&M activities involving asbestos abatement;
(4) comply with standards of operation, including the
EPA regulations adopted by reference in §296.2 of this chapter
(relating to Reference of Federal Standards);
(5) comply with applicable OSHA regulations, including,
as applicable, the work practices and controls in 29 CFR §1926.1101(g)
(relating to Asbestos);
(6) comply with the requirements of §296.211 of
this chapter (relating to General Requirements for Asbestos Abatement
in a Public Building) and §296.213 of this chapter, as applicable,
for the asbestos-related activity being performed;
(7) at no cost to the employee, follow personal protective
equipment (PPE) requirements in 29 CFR §1910.132(h), §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:
(A) providing and maintaining PPE for employees;
(B) training employees in the proper use, care, and
inspection of PPE;
(C) documenting training in the proper use, care, and
inspection of PPE;
(D) documenting respirator inspections; and
(E) ensuring compliance with the use of PPE;
(8) 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;
(9) 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;
(10) ensure that each employee who performs asbestos-related
activities is familiar with federal, state, and local standards for
asbestos removal, encapsulation, and enclosure;
(11) 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;
(12) control asbestos exposure in all work, in compliance
with 29 CFR §1926.1101 and 40 CFR §763.122, as applicable;
(13) provide and maintain in good working condition
and free of asbestos contamination the necessary equipment for employees
to perform asbestos SSSD O&M activities;
(14) if delegated by the owner, comply with the notification
requirements, as required in §296.251 of this chapter (relating
to Notifications);
(15) provide for temporary storage of ACWM, as required
in §296.213(b)(15) of this chapter;
(16) 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):
(A) 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);
(B) 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;
(C) 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; and
(D) 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
(E) maintain records in accordance with 40 CFR §61.150(d)(5)
and §296.291 of this chapter (relating to Recordkeeping);
(17) report a change of the responsible person in writing
to DSHS within 10 working days after the change;
(18) cooperate with DSHS personnel during inspections
and investigations, as required in §296.271 of this chapter (relating
to Inspections and Investigations); and
(19) comply with recordkeeping requirements, as required
in §296.291 of this chapter.
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