Kansas Administrative Regulations › Agency 28 - DEPARTMENT OF HEALTH AND ENVIRONMENT › Article 50 - ASBESTOS CONTROL › Section 28-50-2 - Business entity license

Current through Register Vol. 43, No. 28, July 11,
			 2024
(a) A business
			 entity shall not engage in an asbestos-removal project, an
			 asbestos-encapsulation project, or an asbestos-related dismantling project
			 unless the secretary has issued, or renewed, a license authorizing the business
			 entity to engage in the activities. This requirement shall apply to business
			 entities that conduct the activities in occupied spaces as defined in K.A.R.
			 28-50-1(bb).
(b) A business entity
			 shall not be issued a license, or a license shall not be renewed or remain in
			 effect, unless the business entity demonstrates that it has met the following
			 requirements:
(1) The business entity shall
			 be owned by, or shall employ, one or more identified individuals who shall be
			 required to be physically present at, and directly supervise, each project for
			 which the license is required and who shall be responsible for compliance with
			 this article. This individual shall hold a currently valid certificate as a
			 class II asbestos worker that has been issued in accordance with this article.
(2) Each employee or agent of the
			 business entity who will come into contact with asbestos or who will engage in
			 an asbestos-removal project, an asbestos-encapsulation project, or an
			 asbestos-related dismantling project shall be certified and accredited as
			 appropriate in accordance with this article.
(3) The business entity shall provide, or
			 make available at its cost, medical examinations for all employees to the
			 extent that the examinations are required by OSHA and EPA.
(4) The business entity shall designate an
			 individual who is responsible for the establishment and maintenance of its
			 respiratory protection program. The business entity shall submit a written
			 description of the program to the department for its approval.
(5) The business entity shall own and
			 maintain in operable condition, at minimum, the following equipment items for
			 use in each asbestos-removal or asbestos-encapsulation project that it proposes
			 to engage in:
(A) Two HEPA filter-equipped
			 portable exhaust fan units with a minimum rated capacity of 500 cubic feet per
			 minute;
(B) two HEPA
			 filter-equipped portable vacuum-cleaning devices equipped with hoses and
			 attachments necessary for cleaning dry surfaces;
(C) a type C pressure demand or continuous
			 flow respirator system. The air supply equipment shall be capable of providing
			 sufficient volumes and pressures of grade D breathing air to accommodate the
			 manufacturer's specifications for all respirators intended to be connected to
			 it. A sufficient number of respirators to meet all anticipated requirements
			 shall be maintained for use with the compressor, and all respirators, hoses,
			 and regulators shall be designated as being NIOSH approved; and
(D) a sufficient number of air-purifying
			 respirators to meet all anticipated requirements. At least 10 filter cartridges
			 specifically designated for use with each of these respirators shall be
			 maintained on a continuing inventory basis.
(6) The business entity shall not prohibit
			 the department from inspecting any work area where an asbestos-removal project,
			 an asbestos-encapsulation project, or an asbestos-related dismantling project
			 is being conducted under a license issued in accordance with this regulation.