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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 296TEXAS ASBESTOS HEALTH PROTECTION
SUBCHAPTER PRECORDKEEPING
RULE §296.291Recordkeeping

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(g) Asbestos air monitoring technicians and asbestos air monitoring technician project monitors. A licensed air monitoring technician (AMT) or asbestos air monitoring technician project monitors (AMT/PM) who performs phase contrast microscopy (PCM) analysis in the field as an employee of a licensed asbestos laboratory must maintain on-site for the duration of the project:

  (1) all analyzed slides, each labeled so that the AMT or AMT/PM can provide the project name, date, and time of sample collection and analysis, and sample location;

  (2) documentation of the AMT’s or AMT/PM’s relative standard of deviation, in accordance with the NIOSH 7400 method; and

  (3) a copy of:

    (A) the AMT’s or AMT/PM’s NIOSH 582 or NIOSH 582 Equivalent training certificate and documentation of current participation in the American Industrial Hygiene Association (AIHA) Proficiency Analytical Testing Program; or

    (B) documentation of current registration with the AIHA Asbestos Analyst Registry (AAR).

(h) Asbestos laboratories. A licensed asbestos laboratory must maintain a copy of all analyses performed and all other records and documents required by this chapter for 30 years after the date of analysis, including the sample identification number and analytical results.

  (1) An analyzing laboratory must keep all samples from a public building received for analysis for 30 days following completion of the analysis. Sample grids must be maintained for one year after the date of the analysis.

  (2) An analyzing laboratory must maintain a copy of individual records for each analyst to document the individual analyst's relative standard of deviation in accordance with the NIOSH 7400 method for three years after the date the calculation was made. Records must be kept in the laboratory indicating which samples were used to meet the 10% quality-control analysis requirement.

(i) Asbestos training providers.

  (1) Central location. The following records and documents must be maintained at a central location for a period of three years after the date of the course:

    (A) Training course materials. A licensed training provider must retain a copy of each instructional material used in the delivery of a classroom training, such as student training manuals, instructor notebooks, and handouts. Each instructional material must be kept for three years after the last date of the most recent training for which it was used.

    (B) Training courses. Records must indicate the name of the course, date of the course, each instructor who taught the course, and list the students who attended the course.

    (C) Instructor qualifications. A licensed training provider must retain a copy of each instructor’s resume and the documents approving each instructor issued by DSHS or EPA for three years after the conclusion of their last classroom training.

    (D) Examinations. A licensed training provider must document that each person who receives an accreditation certificate for an initial training course has achieved a minimum passing score of 70% correct on the written examination, as required in §296.73(b) of this chapter (relating to Asbestos Training Courses). These records must include a copy of the exam and clearly indicate the date on which the exam was administered, the training course and discipline for which the exam was given, the name of the person who proctored the exam, and the name, examination answer sheet, and test score of each person taking the exam. All information from the training course and examination, including the topic and dates of the training course, must correspond to the information listed on each person's accreditation certificate. All records required to be maintained in accordance with this section must be maintained for three years after the date of the examination and immediately upon conclusion of the course and administration of the examination, must be made available for DSHS inspection.

    (E) Accreditation certificates. A licensed training provider must maintain records that document the names of each individual who has been awarded one or more training certificate, the certificate number applicable to each certificate awarded to an individual, each discipline for which accreditation was conferred, each applicable training and expiration date, and the training location.

  (2) Records access. A licensed training provider must allow DSHS reasonable access to all of the records required by the MAP and any other records required by DSHS for the approval of an asbestos training provider or the accreditation of an asbestos training course.

(j) Public building owners. A building owner that meets the mandatory survey requirement using the method described in §296.191(d)(6)(B) of this chapter (relating to Asbestos Management in a Public Building, Commercial Building, or Facility) and uses the certification in lieu of an asbestos survey must maintain the following records;

  (1) the Texas-registered architect’s or Texas-licensed professional engineer’s certification; and

  (2) copies of the MSDSs or SDSs or both and any previous asbestos surveys reviewed by the Texas-registered architect or Texas-licensed professional engineer to prepare the certification.


Source Note: The provisions of this §296.291 adopted to be effective July 8, 2021, 46 TexReg 3880

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