| (a) License required. A laboratory must be licensed
as an asbestos laboratory before providing polarized light microscopy
(PLM), phase contrast microscopy (PCM), or transmission electron microscopy
(TEM) analysis of a bulk or air sample collected in a public building.
(b) Licensee scope of practice.
(1) Each branch office of a licensed asbestos laboratory
must be separately licensed and accredited for each type of analysis
it will perform.
(2) An asbestos laboratory must be appropriately accredited
by the NVLAP to perform the following types of analysis:
(A) PLM analysis of a bulk sample; or
(B) TEM analysis of an air sample.
(3) An asbestos laboratory may analyze air samples
by PCM:
(A) in the laboratory, if accredited by the American
Industrial Hygiene Association (AIHA), the laboratory's individual
analysts performing the analysis are listed on the AIHA Asbestos Analyst
Registry (AAR), or the laboratory is enrolled and proficient in the
AIHA Proficiency Analytical Testing (PAT) Program, as required in §296.47(b)(13)(C)
of this chapter (relating to Initial and Renewal Licensure Requirements
for a Company); and
(B) in the field only if the laboratory's individual
analysts performing the analysis are licensed asbestos air monitoring
technicians or AMT/PMs; and:
(i) listed on the AIHA AAR; or
(ii) the laboratory is enrolled in the AIHA PAT Program
and performs quality control analysis on at least 10% of the samples
analyzed.
(4) An asbestos laboratory or a laboratory's individual
analyst must not perform asbestos analysis if the laboratory or analyst
loses accreditation or proficiency, as applicable.
(c) Licensee responsibilities. An asbestos laboratory
may be held responsible for a violation under this chapter by its
employees or the responsible person. An asbestos laboratory must:
(1) maintain the proficiency and accreditation requirements,
as required for licensure in §296.47(b)(13) of this chapter for
each analytical method performed; any change in accreditation or proficiency
must be reported in writing to DSHS within 10 working days after the
change;
(2) employ one individual as the responsible person
who is responsible for the asbestos laboratory's operations and compliance
with this chapter; any change of the responsible person must be reported
in writing to DSHS within 10 working days after the change;
(3) cooperate with DSHS personnel during any inspection
or investigation, in accordance with §296.271 of this chapter
(relating to Inspections and Investigations); and
(4) comply with recordkeeping requirements, as required
in §296.291 of this chapter (relating to Recordkeeping).
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