(a) License required. A person employing an asbestos
consultant and one or more asbestos inspectors, asbestos project managers,
asbestos air monitoring technicians, asbestos air monitoring technician
project monitors (AMT/PM), asbestos management planners, or additional
asbestos consultants working in the capacity of their licenses must
be licensed as an asbestos consultant agency.
(b) Licensee scope of practice.
(1) An asbestos consultant agency may:
(A) employ an asbestos consultant, asbestos inspector,
asbestos project manager, asbestos air monitoring technician, AMT/PM,
or asbestos management planner licensed as required in this chapter
and working in the capacity of that individual's license; and
(B) represent a building owner by providing asbestos
project monitoring services and asbestos air monitoring services during
an asbestos abatement project.
(2) An asbestos consultant agency must employ a responsible
person who has completed the training as referenced in §§296.46(b)(2)(G)
and (c) of this chapter (relating to Initial and Renewal Licensure
Requirements for an Individual) to engage in asbestos abatement activities.
(c) Licensee responsibilities. An asbestos consultant
agency may be held responsible for a violation under this chapter
by its employees or the responsible person. An asbestos consultant
agency must:
(1) require the responsible person to:
(A) oversee the operations for the asbestos consultant
agency 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 consultant agency
comply with all applicable:
(A) responsibilities for licensed asbestos project
managers, as required in §296.62 of this chapter (relating to
Asbestos Project Manager), licensed asbestos air monitoring technicians,
as required in §296.54 of this chapter (relating to Asbestos
Air Monitoring Technician), licensed asbestos air monitoring technician
project monitors, as required in §296.55 of this chapter (relating
to Asbestos Air Monitoring Technician Project Monitor), and licensed
asbestos consultants, as required in §296.58 of this chapter
(relating to Asbestos Consultant); and
(B) requirements of this chapter;
(3) comply with standards of operation, including the
EPA regulations adopted by reference in §296.2 of this chapter
(relating to Reference of Federal Standards);
(4) comply with applicable OSHA regulations, including,
as applicable, the work practices and controls in 29 CFR §1926.1101(g)
(relating to Asbestos);
(5) comply with the relevant requirements in §296.211
of this chapter (relating to General Requirements for Asbestos Abatement
in a Public Building);
(6) comply with the abatement practices and procedures
in §296.212 of this chapter (relating to Standard Asbestos Abatement
Practices and Procedures in a Public Building), as applicable;
(7) comply with the restrictions and required work
practices 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) for SSSD O&M activities
conducted under that section, as applicable;
(8) comply with the restrictions and required work
practices described in §296.232 of this chapter (relating to
Alternative Asbestos Abatement Practices and Procedures for Certain
Nonfriable Asbestos-Containing Building Material (ACBM) in a Public
Building) for activities conducted under that section, as applicable;
(9) comply with the restrictions and required work
practices described in §296.233 of this chapter (relating to
Alternative Asbestos Practices and Procedures for Small Projects and
Repetitive Tasks in a Public Building) for activities conducted under
that section, as applicable;
(10) comply with the restrictions and required work
practices described in §296.234 of this chapter (relating to
Alternative Practices and Procedures for Removal of Whole Components
of Intact Asbestos-Containing Material (ACM) in a Public Building)
for activities conducted under that section, as applicable;
(11) at no cost to the employee, comply with personal
protective equipment (PPE) requirements in 29 CFR §1910.132(h)
(relating to General requirements), 29 CFR §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, including:
(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;
(12) 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;
(13) 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;
(14) ensure that each employee who performs asbestos-related
activities is familiar with federal, state, and local standards for
asbestos removal, encapsulation, and enclosure;
(15) ensure that each employee who performs an asbestos-related
activity complies with the applicable training, as required in §296.73
of this chapter (relating to Asbestos Training Courses);
(16) provide and maintain in good working condition
the necessary equipment for performing asbestos-related activities;
(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 any inspection
or investigation, as required in §296.271 of this chapter (relating
to Inspections and Investigations); and
(19) comply with recordkeeping requirements, in accordance
with §296.291 of this chapter (relating to Recordkeeping).
|