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RULE §295.62Operations: Record keeping

(a) Record retention. Records and documents required by this section shall be retained for a period of 30 years from the date of project completion unless otherwise stated in this section. Such records and documents shall be made available to the department upon request. Persons ceasing to do business, shall notify the Texas Department of Health (department) in writing within 30 days of such event. The department, on receipt of such notification may instruct that the records be surrendered and may specify a repository for such records. The persons shall comply with the department's instructions within 60 days.

(b) Training providers. Licensed training providers shall comply with the following minimum record-keeping requirements.

  (1) Training course materials. A training provider must retain copies of all instructional materials used in the delivery of the classroom training such as student manuals, instructor notebooks and handouts.

  (2) Instructor qualifications. A training provider must retain copies of all instructors' resumes, and the documents approving each instructor issued by the department or EPA. Instructors must be approved by the department before teaching courses for accreditation purposes. A training provider must notify the department in advance whenever it changes course instructors. Records must accurately identify the instructors that taught each particular course for each date that a course is offered together with the course student roster.

  (3) Examinations. A training provider must document that each person who receives an accreditation certificate for an initial training course has achieved a passing score on the written examination in accordance with §295.64(j) of this title (relating to Training: Required 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 under this section shall be available for inspection by the department immediately upon conclusion of the course and administration of the examination.

  (4) Accreditation certificates. The training providers shall maintain records that document the names of all persons who have been awarded certificates, their certificate numbers, the disciplines for which accreditation was conferred, training and expiration dates, and the training location. The training provider shall maintain the records in a manner that allows verification of the required information by telephone.

  (5) Verification of certificate information. Training providers of refresher training courses for accreditation must reasonably confirm that their students possess valid accreditation before granting course admission. Training providers offering the initial management planner training course must reasonably confirm that students have met the prerequisite of possessing valid inspector accreditation at the time of course admission. A valid accreditation certificate to receive refresher training would be one in the same course and not expired over 12 months.

  (6) Records retention and access.

    (A) The training provider shall maintain all required records for a minimum of three years.

    (B) The training provider must allow the department reasonable access to all of the records required by the MAP, and to any other records which may be required by the department for the approval of asbestos training providers or the accreditation of asbestos training courses.

    (C) If a training provider ceases to conduct training, the training provider shall notify the department and provide reasonable opportunity for the department to take possession of that provider's asbestos training records.

(c) Asbestos contractors.

  (1) Central location. The following records and documents shall be maintained by asbestos contractors at a central location at the principal place of business for a period of 30 years and shall be made available to the department upon request:

    (A) records and documents required by 29 CFR §1910, and 29 CFR §1926.1101, as amended;

    (B) name, address, and asbestos certificate number of each employee, past and present, including dates of employment, and description of each employee's involvement in each asbestos project while employed by the contractor, including name, address, location, and duration of project;

    (C) copies of all regulatory agency correspondence including letters, notices, citations received and notifications made by the building owner or operator;

    (D) records and documents required to be maintained under any other applicable federal, state, or local law, regulation, or ordinance;

    (E) receipts and documentation of disposal of asbestos waste showing dates, locations, and amounts of asbestos waste disposed including the identification of the source of the asbestos waste and the transporter (company name or driver name, if an employee of the contractor);

    (F) copies of laboratory reports and sample analysis documenting workplace and personal exposure levels, including copies of consultant's reports provided to the contractor regarding employee or clearance level monitoring; and

    (G) copies of all specifications of contracts awarded for asbestos abatement projects.

  (2) On site. Records and documents shall be maintained on-site at the asbestos project location for the duration of the project. Records and documents with personal references shall be made available to all persons employed at the site upon request. All on-site records and documents shall be made available to the department upon request. The records and documents covered by this paragraph include:

    (A) all current licenses, registrations and accreditation certificates;

    (B) a current copy of the work practice requirements;

    (C) a copy of the contract or technical specifications governing the project or if no contract, location and description of operations and description of abatement procedures;

    (D) a listing of all employees, by name, social security number and certificate number working on the project;

    (E) a listing of each of the contractors, subcontractors and consultants on the project;

    (F) a daily sign-in/out log which identified persons by name and the length of time each spent at the site;

    (G) records of all on-site air monitoring;

    (H) a written respirator program which conforms to requirements of 29 CFR §1910.134(b), as amended;

    (I) name and address of the contractor or building owner-operator;

    (J) name and address of project supervisor(s);

    (K) description of personal safety practices;

    (L) name and address of waste disposal site;

    (M) dates of participation in the operation;

    (N) a roster of registered asbestos workers employed; and

    (O) current copies of the "Physician's Written Statement" and respirator fit-tests of individuals who enter a regulated area.

(d) Analytical services. Licensed providers of asbestos analytical services shall maintain copies of all records and documents for 30 years, which are required by these sections and copies of all analyses performed, including the sample identification number and analytical results, and make such documents available to the department for inspection upon request. Samples which have been taken as part of an inspection are required to be retained by the analyzing laboratory for ten days after the completion of the project or for 30 days, whichever is longer.

(e) Consultants. Licensed consultants shall maintain client files pertaining to surveys, sampling, assessment, and clearance level monitoring and copies of daily construction logs pertaining to contractor work practices and make such documents available to the department for inspection upon request. Logs for completed projects shall be maintained at the consultant's principal place of business. Logs for current projects shall be kept at the asbestos project work site until final cleanup has been certified.

(f) Operations and maintenance manual. The public building owner shall record each individual operations and maintenance activity in the manual, including the date of activity, the persons performing the activity, complete description of the activity, including methods used to prevent the emission of asbestos fibers, and the amount of asbestos removed. An updated total of the amount of asbestos abated shall be kept as a comparison to the amount estimated in the annual consolidated notification. The manual shall be made available to the department upon request.

Source Note: The provisions of this §295.62 adopted to be effective October 20, 1992, 17 TexReg 6901; amended to be effective September 22, 1994, 19 TexReg 7098; amended to be effective December 13, 1998, 23 TexReg 12353; amended to be effective March 27, 2003, 28 TexReg 2549

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