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RULE §296.61Asbestos Laboratory

(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).

Source Note: The provisions of this §296.61 adopted to be effective July 8, 2021, 46 TexReg 3880

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