Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter P - RECORDKEEPING › Section 296.291 - Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) Recordkeeping requirements. Without limiting any federal or state
											  requirement to which a licensee or record may otherwise be subject, a person regulated by this chapter must
											  maintain, retain, and make available to DSHS for inspection or produce, upon request, including for copying
											  on or off-site, records and documents as required by this section and each applicable subsection. For
											  purposes of this chapter, records that are required to be maintained at a central location are not required
											  to be maintained at the licensees principal place of business and may be located off-site if the records are
											  readily accessible. A person that ceases to do business must notify DSHS in writing within 30 days after such
											  event and must make appropriate arrangements for retention and maintenance of records, as required under this
											  section. The person must provide DSHS with the details of such arrangement or comply with DSHSs alternative
											  instructions within 60 days after ceasing to do business or receiving instructions from DSHS, whichever is
											  later.
(b) Asbestos abatement contractors, asbestos O&M
											  contractors, and RFCI contractors.
(1) Central location. A contractor
											  described in this subsection must maintain the following records and documents for any project performed in a
											  public building at a central location for a period of at least 30 years after the date of project completion:
(A) records and documents which comply with applicable recordkeeping
											  requirements under 29 CFR Part 1910 (relating to Occupational Safety and Health Standards),
											  29 CFR §
													1926.1101
											  (relating to Asbestos), NESHAP, and AHERA;
(B) the name, address,
											  and asbestos training certificate number of each employee, past and present, including dates of employment
											  and a description of each employee's involvement in each asbestos project while employed by the contractor;
											  records must include the name, physical address, and duration of each project;
(C) a copy of all regulatory agency correspondence, including each required
											  asbestos abatement/demolition notification form, inspection form, letter, notice, and order;
(D) a copy of each waste shipment record (manifest), including a copy of
											  the manifest, signed in accordance with 40 CFR §
													61.150(d)(5) (relating to Standard for waste disposal for
											  manufacturing, fabricating, demolition, renovation, and spraying operations) by the owner or operator of the
											  designated waste disposal site and each receipt and documentation of disposal of asbestos waste showing the
											  date, location, and amount of asbestos waste disposed and identifying each source of the asbestos waste and
											  each transporter of the waste, including the company name or driver name, if the driver is an employee of the
											  contractor;
(E) a copy of each laboratory report and sample
											  analysis documenting required air monitoring for the project, including a copy of each consultant report
											  provided to the contractor regarding project monitoring; and
(F)
											  a copy of all contracts and project specifications and plans for each asbestos abatement
											  project.