Code of Massachusetts Regulations › 454 CMR - DEPARTMENT OF LABOR STANDARDS › Title 454 CMR 28.00 - The Removal, Containment, Maintenance, or Encapsulation of Asbestos › Section 28.08 - Certification of Asbestos Contractors and Licensure of Asbestos Supervisors and Workers

Current through Register 1525, July 5, 2024
No business, firm, corporation, person or other entity shall
				enter into, engage in or work at the business of Asbestos Abatement unless such
				business, firm corporation, person or other entity has been duly certified
				(business) and licensed (individual) in accordance with 454 CMR 28.08. All
				persons who perform the functions of Asbestos Workers, Asbestos Supervisors, or
				Asbestos Contractors at worksites where Asbestos Response Actions are carried
				out must be licensed pursuant to 454 CMR 28.08 and possess current training
				certification in the discipline authorized.
All certifications and licenses under 454 CMR 28.08 shall be
				valid for a period of one year.
(1)
Application for Certification
. Applicants for
			 Certification as Asbestos Contractors (business) must submit the following to
			 the Director:
(a) A completed application form
			 with attachments as prescribed by the Director, which must, at a minimum,
			 include the following:
1. A list of all names,
			 acronyms or other identifiers by which the applicant does or has done business,
			 the address(es) and telephone number(s) of the business.
2. A list of the states in which the
			 applicant holds, or has held, a license or certification, accreditation, or
			 other approval for Asbestos Work.
3. A list of the names and addresses of all
			 Asbestos Abatement firms or entities in which the Responsible Persons of the
			 applicant have or have had a financial interest or management
			 responsibility.
4. Corporate
			 Articles of Organization and a Certificate of Good Standing issued by the
			 Massachusetts Secretary of the Commonwealth or a business certificate, if
			 applicable, for the asbestos contracting firm of the applicant issued by the
			 city or town where the business is located.
5. A certified and notarized statement by a
			 Responsible Person of the applicant that the applicant has paid all tax
			 obligations current and due to the Commonwealth, including any applicable
			 Unemployment Insurance payments, as of the date of application.
6. A certificate of insurance or a letter of
			 binder from an insurance carrier indicating that the Asbestos Work to be
			 performed by the applicant is covered by a current workers' compensation policy
			 or self-insurance program acceptable to the Commonwealth or a notarized
			 statement that the contractor has no employees. Certificates of Insurance and
			 letters of binder must indicate that the applicant has coverage under Workers
			 Compensation Classification Codes 5472 or 5473.
7. A list of all citations or notices of
			 violation relating to occupational health and safety and environmental
			 protection, including notices of noncompliance, notices of responsibility,
			 notices of intent to assess an administrative penalty, orders, consent orders
			 and court judgments, received by the Responsible Persons of the applicant in
			 the five years prior to the date of application, and the issuing agency or
			 department and final disposition of such citation or notice.
8. A statement made under the penalties of
			 perjury by a Responsible Person of the applicant that all employees to be
			 engaged in Asbestos Work are licensed, or will be licensed prior to any work
			 being performed by them, pursuant to the requirements of 454 CMR
			 28.00.
9. A list of the names and
			 addresses of all Responsible Persons and managers of the applicant who have
			 primary responsibility for, and control over, Asbestos Work of the
			 applicant.
10. A respiratory
			 protection and worker health and safety program evidencing compliance with
			 29 CFR Part
			 1910.134.
11. Written procedures for complying with
			 OSHA or EPA personal and medical monitoring requirements.