reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.219 - Compliance: Reprimand, Suspension, Decertification, Deaccreditation, and Probation

Current through Reg. 49, No. 28; July 12, 2024
(a) After
											  notice to the certified or accredited person of an opportunity for a hearing in accordance with subsection
											  (c) of this section, the Texas Department of Health (department) may reprimand the person or modify, suspend,
											  suspend on an emergency basis, or decertify a certification or deaccredit an accreditation.
(b) The department may reprimand any certified or accredited person, or may
											  suspend or decertify a certification or deaccredit an accreditation for:
(1) failure to comply with any provision of the Act, any rule adopted by
											  the Texas Board of Health, or any order issued by the department or a court;
(2) failure to comply with applicable federal or state standards for
											  lead-based paint activities;
(3) failure to maintain records as
											  required by these sections;
(4) failure to meet the
											  qualifications for which one holds a certification or accreditation;
(5) fraudulently, by misrepresentation, or deceptively obtaining or
											  attempting to obtain a certification or contract for a lead-based paint activity;
(6) falsifying records that are required to be maintained by this section;
											  or
(7) failure to pay required annual certification or
											  accreditation fees.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 295 - OCCUPATIONAL HEALTH › Subchapter I - TEXAS ENVIRONMENTAL LEAD REDUCTION › Section 295.220 - Compliance: Administrative Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) If a person violates the Act, or a rule
											  adopted or order issued under the Act, the Texas Department of Health (department) may assess an
											  administrative penalty.
(b) The penalty shall not exceed $5,000 a
											  day per violation. Each day a violation continues will be considered a separate violation. The total penalty
											  will be the sum of all individual violation penalties.
(c) In
											  assessing administrative penalties, the department shall consider the:
(1)
											  history of previous violation(s);
(2) seriousness of the
											  violation(s);
(3) hazard to the health and safety of the public;
											  and
(4) demonstrated good faith, and any other matter which
											  justice may require.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter A - GENERAL PROVISIONS › Section 296.1 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. Asbestos is a known carcinogen and health hazard. Preventing
											  asbestos disease depends on limiting exposure of an individual to asbestos fibers. The purpose of this
											  chapter is to control and minimize public exposure to airborne asbestos by regulating asbestos-related
											  activities in public buildings, commercial buildings, and facilities, as defined in § 296.21 of this
											  chapter (relating to Definitions). This chapter implements Texas Occupations Code, Chapter 1954 (relating to
											  Asbestos Health Protection); Texas Health and Safety Code, Chapter 161, Subchapter Q (relating to
											  Installation of Asbestos); and federal regulations of the Environmental Protection Agency (EPA), as adopted
											  by reference in § 296.2 of this chapter (relating to Reference of Federal Standards). Any federal
											  regulations of the Occupational Safety and Health Administration with which a person is required to comply is
											  not limited by the applicability or effect of the provisions of this chapter.
(b) Scope.
(1) This chapter applies to a
											  person disturbing, removing, encapsulating, or enclosing any amount of asbestos within a public building for
											  any purpose, including repair, renovation, dismantling, demolition, installation, or maintenance operations,
											  or any other activity that may involve the disturbance, encapsulation, enclosure, or removal of any amount of
											  asbestos-containing building material, whether intentional or unintentional. This chapter establishes:
(A) licensing requirements;
(B)
											  building owner and licensee responsibilities;
(C) applicable
											  requirements for the performance of asbestos-related activities in public buildings; and
(D) notification requirements.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter A - GENERAL PROVISIONS › Section 296.2 - Reference of Federal Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Adoption by reference. The Executive Commissioner of the Health and
											  Human Services Commission (executive commissioner) adopts by reference and enforces the following
											  asbestos-related federal regulations as part of this chapter:
(1) the
											  asbestos-specific provisions of the National Emission Standards of Hazardous Air Pollutants specific to
											  asbestos, 40 CFR Part 61, Subpart M, regarding demolition and renovation activities: §61.140, adopted
											  effective November 20, 1990; §61.141, amended effective June 19, 1995; §61.145, amended effective
											  January 16, 1991; §61.146, amended effective June 19, 1995; §61.148, adopted effective November 20,
											  1990; §61.150, amended effective November 17, 2003; §61.152, amended effective November 20, 1990;
											  §61.156, amended effective August 19, 2004; §61.157, adopted effective November 20, 1990; and
											  Appendix A, amended effective June 19, 1995; and
(2) except as
											  otherwise provided in this paragraph, 40 CFR Part 763, Subpart E, (relating to Asbestos-Containing Materials
											  in Schools) adopted under the Asbestos Hazard Emergency Response Act: §§763.80-763.86, adopted
											  effective October 30, 1987; §763.87, amended effective June 19, 1995; §763.88, adopted effective
											  October 30, 1987; §763.90, amended effective August 3, 2012; §763.91 and §763.92, amended
											  effective November 15, 2000; §§763.93-763.97, adopted effective October 30, 1987; §763.98,
											  amended effective October 13, 2005; §763.99, adopted effective October 30, 1987; Appendix A, adopted
											  effective October 30, 1987; Appendix C and Appendix D, amended effective August 23, 2019; and Appendix E,
											  amended effective June 19, 1995. The executive commissioner does not adopt from Appendix C (relating to
											  Asbestos Model Accreditation Plan), the Environmental Protection Agency's (EPA) recommended project monitor
											  accreditation category in its Asbestos Model Accreditation Plan.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter A - GENERAL PROVISIONS › Section 296.3 - Compliance with National Emission Standards for Hazardous Air Pollutants (NESHAP) and Memorandum of Understanding between the Texas Commission on Environmental Quality and the Texas Department of State Health Services for the Regulation of the NESHAP for Asbestos

Current through Reg. 49, No. 28; July 12, 2024
(a) An owner or operator of a demolition or renovation activity, as defined
											  in § 296.21(69) of this chapter (relating to Definitions), must comply with NESHAP for all covered
											  activities.
(b) A DSHS representative may enter any facility to
											  inspect and investigate conditions to determine compliance with this chapter in accordance with Texas
											  Occupations Code §
										1954.060(b), Texas Health and
											  Safety Code § 12.018, and § 296.271(c) of this chapter (relating to Inspections and
											  Investigations).
(c) The Executive Commissioner of the Health and
											  Human Services Commission adopts by reference a memorandum of understanding between the predecessor agencies
											  for DSHS and the Texas Commission on Environmental Quality, adopted by rule, effective September 5, 1999, in
											  30 TAC §
										7.122(relating to Adoption of Memorandum of Understanding
											  between the Texas Natural Resource Conservation Commission (commission) and the Texas Department of Health
											  (TDH) Regarding Emissions Related to Asbestos Demolition and Renovation Activities) concerning the inspection
											  of solid waste facilities that receive asbestos waste.
(d) DSHS
											  may take enforcement action as described in Subchapter Q of this chapter (relating to Compliance) for
											  violations of NESHAP.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter A - GENERAL PROVISIONS › Section 296.4 - Compliance with Federal Regulations Implementing the Asbestos Hazard Emergency Response Act (AHERA)

Current through Reg. 49, No. 28; July 12, 2024
(a) A local education agency
											  must ensure compliance with AHERA for all schools under its administrative control.
(b) A DSHS representative may enter any regulated school building to
											  inspect and investigate conditions to determine compliance in accordance with Texas Occupations Code §
										1954.060(b), Texas Health and
											  Safety Code § 12.018, and § 296.271(c) of this chapter (relating to Inspections and
											  Investigations).
(c) DSHS may take enforcement action as
											  described in Subchapter Q of this chapter (relating to Compliance) for violations of AHERA.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter B - DEFINITIONS › Section 296.21 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter, have the
													 following meaning, unless the context clearly indicates otherwise.
(1) Abatement preparation--Preparation before asbestos abatement begins,
											  which includes the following activities:
(A) removing any movable objects
											  from the interior space of a public building once an asbestos abatement contractor takes control of that
											  space for the purpose of asbestos abatement;
(B) pre-cleaning,
											  wet wiping, HEPA vacuuming, and sealing a penetration or opening;
(C) installing plastic sheeting, such as a critical barrier, any part of a
											  decontamination system, or any part of the water line connections to a shower, drain, or
											  filtration;
(D) setting-up or using a load-out or bag-out
											  system;
(E) selecting, installing, or maintaining a respiratory
											  system or fiber reduction system (such as misting or spraying);
(F) posting warning signs;
(G)
											  installing engineering controls, including local exhaust ventilation equipped with a HEPA filter dust
											  collection system, construction of a containment or isolation mechanism to control processes producing
											  asbestos dust, and ventilation of the regulated area to move contaminated air away from the breathing zone of
											  persons in containment and toward a filtration or collection device equipped with a HEPA filter;
(H) installing scaffolding in an area in which asbestos may be disturbed
											  during the installation; and
(I) installing, setting-up, and
											  calibrating monitoring devices, including sampling systems and manometers.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter C - STANDARDS OF CONDUCT › Section 296.31 - Conflict of Interest

Current through Reg. 49, No. 28; July 12, 2024
(a) Independent third-party air monitoring. The public building owner or
											  authorized representative must provide for an appropriately licensed third party to perform area monitoring
											  and project clearance monitoring for airborne concentrations of asbestos fibers during an abatement project,
											  as required in § 296.211(h)(1) of this chapter (relating to General Requirements for Asbestos Abatement
											  in a Public Building). The third party who analyzes an area sample collected during the abatement project
											  must not be employed or subcontracted for that purpose by an asbestos abatement contractor hired to conduct
											  the asbestos abatement project by or for the owner except that an O&M contractor who owns or manages the
											  building may hire a licensed air monitoring technician, licensed air monitoring technician project monitor,
											  or a licensed asbestos consultant to perform air clearance monitoring for that building as required 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).
(b) Licensee
											  conflict of interest.
(1) Without limiting the restrictions of
											  §1954.254 and §1954.255 of the Act, for a project in a public building:
(A) a licensed asbestos consultant or licensed asbestos consultant agency
											  for the project must not hire a licensed asbestos abatement contractor for the same project;
(B) a licensed asbestos abatement contractor for the project must not hire
											  a licensed asbestos consultant or a licensed asbestos consultant agency for the same project, except that a
											  licensed asbestos consultant or licensed consultant agency may be hired to collect and analyze personal
											  samples to evaluate worker exposure, in accordance with 29
											  CFR §
													1926.1101 (relating to Asbestos);
(C) a person that is a licensed asbestos abatement contractor and licensed
											  asbestos consultant must not act in both capacities on the same project; and
(D) a licensed asbestos management planner, licensed asbestos management
											  planner agency, or licensed asbestos inspector that is also a licensed asbestos abatement contractor must not
											  act as the asbestos abatement contractor on a project for which the licensee also performed a survey or, if
											  otherwise authorized by the person's license, developed the management plan.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.41 - License and Registration Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) License and registration requirements. A person must be licensed or
											  registered in compliance with the Act and this chapter to perform any asbestos abatement or asbestos-related
											  activity that requires a license or registration under the Act or this chapter.
(b) Qualifying work experience.
(1) A
											  licensee who performs supervision for any form of pre-licensure work experience required to obtain a license
											  under any of the following provisions must provide direct, in-person supervision in the immediate proximity
											  of the trainee and is the responsible licensee for such supervised acts.
(2) For the purpose of determining the work experience required under this
											  chapter for an initial license, eight hours of qualifying on-the-job work experience equals one day of the
											  required work experience.
(3) Work experience gained from
											  performing removal of resilient floor-covering material under this section does not apply toward the training
											  or work experience requirements for a registration or license to perform other asbestos-related
											  activities.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.42 - Initial and Renewal Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) General requirements. To apply for a license or registration as
											  required in this chapter, an applicant must submit a complete and signed application on the form provided by
											  DSHS. DSHS will not accept an altered application form. A complete application includes all required
											  documentation and payment of the application fee by check, money order, or proof of online payment. An
											  applicant who applies for more than one license or registration must submit all required documentation with
											  each application.
(b) Processing applications.
(1) Upon receipt of a complete application, DSHS will issue the following
											  documents within the time periods set forth below, as applicable:
(A)
											  license or identification (ID) card, or letter of acceptance:
(i) for a
											  training provider license--90 days; and
(ii) for any other
											  license or registration--45 days;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.43 - Acceptable Academic Credit

Current through Reg. 49, No. 28; July 12, 2024
(a) Any degrees or academic credit earned in the United States must be from
											  a college or university that has a program accredited by a national accrediting organization that is also
											  recognized by the United States Secretary of Education under the Higher Education Act of 1965 (
											  20 USC §
											1001, et
											  seq.).
(b) Any degrees and academic credit received from a
											  university outside the United States may apply toward the education requirement for a license only if the
											  course work and degrees could be counted as transfer credits by universities described in subsection (a) of
											  this section. An applicant must furnish, at the applicant's own expense, an original or certified copy of an
											  evaluation of each foreign degree from a credential evaluation service that is acceptable to DSHS. An
											  applicant must show proof of each degree and the date it was awarded by submitting an original or certified
											  copy of each applicable transcript. Documents written in a language other than English must also be
											  accompanied by a certified English translation.
(c) A high school
											  diploma or equivalency diploma received from a school outside the United States may apply toward the
											  education requirement for a license only if the education is equivalent to a diploma or equivalency diploma
											  issued in the United States. An applicant must furnish, at the applicant's own expense, an original or
											  certified copy of an evaluation of each foreign diploma from a credential evaluation service that is
											  acceptable to DSHS. An applicant must show proof of each diploma and the date it was awarded by submitting an
											  original or certified copy of the diploma. A document written in a language other than English must also be
											  accompanied by a certified English translation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.45 - Insurance Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Liability insurance. Without limiting any other applicable requirement
											  of law, for purposes of this chapter:
(1) Each applicant and licensee who
											  performs asbestos-related activities and who is required under §1954.105(c) of the Act or this
											  subchapter to maintain specified liability insurance as a condition of licensure must meet the insurance and
											  proof requirements of:
(A) this section;
(B) the sections of this subchapter applicable to each license they hold;
											  and
(C)
												§1954.105(c) of the Act.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.48 - Asbestos Abatement Worker

Current through Reg. 49, No. 28; July 12, 2024
(a) Registration required. A person must be registered as an asbestos
											  abatement worker to perform asbestos abatement activities or loading or unloading of asbestos in a public
											  building, including performing any maintenance, repair, installation, renovation, or cleaning that may
											  dislodge, break, cut, abrade, or impinge on ACM.
(b) Registrant
											  scope of practice. An asbestos abatement worker may perform asbestos abatement activities or O&M
											  activities only while employed by a licensed asbestos abatement contractor or licensed asbestos operations
											  and maintenance (O&M) contractor and supervised by a licensed asbestos abatement supervisor or licensed
											  asbestos O&M supervisor.
(c) Registrant responsibilities. An
											  asbestos abatement worker must:
(1) comply with standards of operation,
											  including the applicable EPA and OSHA regulations adopted by reference in § 296.2 of this chapter
											  (relating to Reference of Federal Standards);
(2) comply with
											  applicable OSHA requirements, including the requirements for the use of personal protective
											  equipment;
(3) comply with the requirements of § 296.211 of
											  this chapter (relating to General Requirements for Asbestos Abatement in a Public Building);
(4) comply with the work practices required under § 296.212 of this
											  chapter (relating to Standard Asbestos Abatement Practices and Procedures in a Public Building);
(5) 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;
(6) comply with the restrictions and required work
											  practices described in:
(A)
												§ 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);
(B)
												§ 296.233 of this
											  chapter (relating to Alternative Asbestos Practices and Procedures for Small Projects and Repetitive Tasks in
											  a Public Building); and
(C)
												§ 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 these sections;
											  and
(7) cooperate with DSHS personnel during
											  inspections and investigations, as required in § 296.271 of this chapter (relating to Inspections and
											  Investigations).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.49 - Asbestos Abatement Supervisor

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person must be licensed as an asbestos abatement
											  supervisor to directly oversee personnel and work practices and procedures during an asbestos abatement
											  activity or project conducted in a public building.
(b) Licensee
											  scope of practice.
(1) Licensee practice and limitations.
(A) An asbestos abatement supervisor must be employed by a licensed
											  asbestos abatement contractor or asbestos operations and maintenance (O&M) contractor to supervise or
											  perform asbestos abatement activities in a public building. An asbestos abatement supervisor employed by an
											  O&M contractor is limited to supervising the work practices and procedures 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, as permitted under that section.
(B) An asbestos abatement supervisor may perform the duties of a registered
											  asbestos abatement worker on any project.
(C) An asbestos
											  abatement supervisor must not supervise or perform asbestos abatement activities in a public building when
											  the asbestos project manager or asbestos consultant is not on-site, except during activities performed in
											  accordance with:
(i)
													§ 296.213 of this chapter;
(ii)
													§ 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);
(iii)
													§ 296.233 of this chapter (relating
											  to Alternative Asbestos Practices and Procedures for Small Projects and Repetitive Tasks in a Public
											  Building); and
(iv)
													§ 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).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.50 - Asbestos Abatement Contractor

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person must be licensed as an asbestos abatement
											  contractor to engage in asbestos abatement in a public building for others under contract or other agreement
											  or otherwise be designated to perform that function.
(b) Licensee
											  scope of practice.
(1) Licensee practice and limitations.
(A) An asbestos abatement contractor must employ licensed asbestos
											  abatement supervisors and registered asbestos abatement workers to perform asbestos abatement
											  activities.
(B) An asbestos abatement contractor must employ a
											  responsible person who has completed the Asbestos Contractor/Supervisor training as required in § 296.46
											  of this chapter (relating to Initial and Renewal Licensure Requirements for an Individual) to engage in
											  asbestos abatement activities.
(C) An asbestos abatement
											  contractor must employ a licensed asbestos operations and maintenance (O&M) supervisor or a licensed
											  asbestos abatement supervisor to supervise an SSSD O&M activity performed as 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).
(D) An asbestos
											  abatement contractor may employ a licensed O&M supervisor or a licensed asbestos abatement supervisor to
											  perform the duties of an asbestos abatement worker.
(E) An
											  asbestos abatement contractor must not engage in an asbestos abatement activity in a public building unless
											  the asbestos project manager or asbestos consultant and an asbestos abatement supervisor is
											  on-site.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.51 - Asbestos Operations and Maintenance Supervisor

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person must be licensed as an asbestos operations
											  and maintenance (O&M) supervisor to directly oversee the practices and procedures 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), and to supervise any registered asbestos abatement workers
											  performing such work, unless licensed as an asbestos abatement supervisor.
(b) Licensee scope of practice.
(1) An
											  asbestos O&M supervisor must be employed by a building owner or manager who is a licensed asbestos
											  O&M contractor or a licensed asbestos abatement contractor to perform or supervise the activities for
											  which a license is required under subsection (a) of this section.
(2) An asbestos O&M supervisor may perform the duties of a licensed
											  asbestos abatement worker on any project.
(3) An asbestos O&M
											  supervisor must not supervise any asbestos-related activity in a public building that is outside the scope of
											  § 296.213 of this chapter.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.52 - Asbestos Operations and Maintenance Contractor

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person must be licensed as an asbestos operations
											  and maintenance (O&M) contractor to employ an asbestos O&M supervisor to supervise or perform
											  asbestos SSSD O&M activities in a public building owned or managed by the O&M contractor.
(b) Licensee scope of practice.
(1) An
											  asbestos O&M contractor is restricted to carrying out SSSD O&M activities as 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).
(2) The asbestos
											  O&M contractor's employees who perform asbestos SSSD O&M activities must be registered asbestos
											  abatement workers, licensed O&M supervisors, or licensed asbestos abatement supervisors.
(3) An asbestos O&M contractor must employ a responsible person who has
											  completed the Asbestos Contractor/Supervisor training as required in § 296.46 of this chapter (relating
											  to Initial and Renewal Licensure Requirements for an Individual) to carry out asbestos SSSD O&M
											  activities.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.53 - Asbestos Inspector

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person must be licensed as an asbestos inspector to
											  conduct an asbestos survey in a public building.
(b) Licensee
											  scope of practice.
(1) An asbestos inspector may:
(A) determine the location and assess the condition of suspect ACBM in a
											  public building;
(B) determine that ACBM is present in a public
											  building by collecting bulk samples of suspected ACBM or assuming the suspected ACBM is ACM; and
(C) develop an asbestos survey report.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.54 - Asbestos Air Monitoring Technician

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person must be licensed as an asbestos air
											  monitoring technician (AMT) to perform air monitoring services for an asbestos abatement project or
											  asbestos-related activity in a public building. A licensed AMT must have written delegated authority, as
											  required in § 296.58(b)(1)(K) of this chapter (relating to Asbestos Consultant) to perform project air
											  monitoring in a public building. Unless otherwise prohibited in § 296.31 of this chapter relating to
											  (Conflict of Interest), a licensed asbestos consultant may also perform the duties of a licensed AMT and is
											  subject to the same conditions, restrictions, and requirements applicable to an AMT under this
											  section.
(b) Licensee scope of practice. An AMT may:
(1) collect baseline, area, and clearance samples, if employed by an
											  asbestos consultant agency or an asbestos laboratory;
(2) collect
											  personal samples in accordance with 29 CFR §
												1926.1101 (relating to Asbestos), if employed by a licensed asbestos
											  consultant or licensed consultant agency that is hired by an asbestos abatement contractor or asbestos
											  operations and maintenance (O&M) contractor, as described in §296.31(b)(1)(B); and
(3) analyze airborne fibers in the field, if the AMT is employed by a
											  licensed asbestos laboratory and:
(A) is listed on the American Industrial
											  Hygiene Association (AIHA) Asbestos Analyst Registry, as required in § 296.61 of this chapter (relating
											  to Asbestos Laboratory); or
(B) has received the NIOSH 582 or
											  NIOSH 582 Equivalent training and participates in the AIHA Proficiency Analytical Testing Program.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.55 - Asbestos Air Monitoring Technician Project Monitor

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person must be licensed as an asbestos air
											  monitoring technician project monitor (AMT/PM) and have written delegated authority, as required in §
											  296.58(b)(1)(J) and (K) of this chapter (related to Asbestos Consultant) to perform air monitoring services
											  and asbestos project monitoring for an asbestos abatement project or related activity in a public building.
											  Unless otherwise prohibited in § 296.31 of this chapter (relating to Conflict of Interest), a licensed
											  asbestos consultant may also perform the duties of a licensed AMT/PM and is subject to the same conditions,
											  restrictions, and requirements applicable to an AMT/PM under this section.
(b) Licensee scope of practice.
(1) An
											  AMT/PM must be employed by a licensed asbestos consultant agency to monitor compliance with this chapter and
											  the specifications and plans, on behalf of the building owner, during an asbestos abatement
											  project.
(2) An AMT/PM may:
(A)
											  provide personal air monitoring as required in § 296.54 of this chapter (relating to Asbestos Air
											  Monitoring Technician) and project air monitoring as required in § 296.54 of this chapter and §
											  296.58(c)(12) of this chapter;
(B) provide project monitoring as
											  required in § 296.58(c)(11) of this chapter;
(C) recommend
											  to the asbestos consultant changes to the asbestos abatement specifications and plans; and
(D) assist the asbestos consultant in the development of an asbestos
											  exposure assessment.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.56 - Asbestos Management Planner

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person must be licensed as an asbestos management
											  planner to develop a plan to manage asbestos in a public building.
(b) Licensee scope of practice.
(1) An
											  asbestos management planner may develop a management plan and perform the duties of a licensed asbestos
											  inspector.
(2) An asbestos management planner must not be
											  employed as a management planner at a company that employs another asbestos management planner, asbestos
											  consultant, or an asbestos inspector, unless the company is licensed as an asbestos management planner
											  agency, as required in § 296.57 of this chapter (relating to Asbestos Management Planner Agency), or an
											  asbestos consultant agency, as required in § 296.59 of this chapter (relating to Asbestos Consultant
											  Agency).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.57 - Asbestos Management Planner Agency

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person employing an asbestos management planner and
											  one or more additional asbestos management planners, asbestos consultants, or asbestos inspectors to conduct
											  asbestos management planning activity must be licensed as an asbestos management planner agency. This license
											  is not required if the person is already licensed as an asbestos consultant agency.
(b) Licensee scope of practice.
(1) An
											  asbestos management planner agency may employ:
(A) an asbestos management
											  planner or asbestos consultant who is licensed, as required in this chapter and working in the capacity of
											  that individual's license to conduct surveys, develop asbestos survey reports, and develop asbestos
											  management plans; the duties of a licensed asbestos consultant employed by an asbestos management planner
											  agency must be limited to those of a management planner; and
(B)
											  a licensed asbestos inspector to conduct surveys and develop asbestos survey reports.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.58 - Asbestos Consultant

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person must be licensed as an asbestos consultant
											  to provide asbestos consulting services relating to a public building.
(b) Licensee scope of practice.
(1) An
											  asbestos consultant may:
(A) design an asbestos abatement
											  project;
(B) specify work practices that vary from the minimum
											  requirements, as described in § 296.212(a)(1)(A) of this chapter (relating to Standard Asbestos
											  Abatement Practices and Procedures in a Public Building);
(C)
											  collect bulk material samples and plan sampling strategies;
(D)
											  develop a management plan;
(E) perform an asbestos survey and
											  develop an asbestos survey report;
(F) provide consultation
											  regarding compliance with asbestos regulations and standards;
(G)
											  recommend abatement options, prepare contract documents for an asbestos abatement project, and provide
											  technical specifications and plans;
(H) provide the building
											  owner with asbestos project monitoring services, asbestos air monitoring services, or sampling strategies,
											  alone or in combination, to be used during an asbestos abatement project;
(I) recommend appropriate personal protective equipment for an asbestos
											  abatement activity;
(J) designate a project manager or an
											  asbestos air monitoring technician project monitor (AMT/PM) to provide project monitoring and delegate
											  specific responsibilities and authority to the project manager or AMT/PM in writing, for which the
											  consultant, as well as the project manager or AMT/PM performing the delegated responsibility, are
											  responsible;
(K) designate an asbestos air monitoring technician
											  or AMT/PM to provide project air monitoring and delegate specific responsibilities and authority to the AMT
											  or AMT/PM in writing, for which the consultant, as well as the AMT or AMT/PM performing the delegated
											  responsibility, are responsible; and
(L) design, supervise, and
											  direct an exposure assessment for purposes of § 296.233(c) of this chapter (relating to Alternative
											  Asbestos Practices and Procedures for Small Projects and Repetitive Tasks in a Public Building) that meet the
											  requirements of that subsection.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.59 - Asbestos Consultant Agency

Current through Reg. 49, No. 28; July 12, 2024
(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.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.60 - Asbestos Transporter

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person must be licensed as an asbestos transporter
											  to transport ACWM removed from a public building.
(b) Licensee
											  scope of practice.
(1) An asbestos transporter may transport ACWM to a
											  permitted waste disposal facility that accepts ACWM or to temporary storage off-site.
(2) An asbestos transporter must not transport ACWM that is not properly
											  labeled or without a waste shipment record (manifest).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.61 - Asbestos Laboratory

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A laboratory must be licensed as an asbestos
											  laboratory before providing polarized light microscopy (PLM), phase contrast microscopy (PCM), or
											  transmission electron microscopy (TEM) analysis of a bulk or air sample collected in a public
											  building.
(b) Licensee scope of practice.
(1) Each branch office of a licensed asbestos laboratory must be separately
											  licensed and accredited for each type of analysis it will perform.
(2) An asbestos laboratory must be appropriately accredited by the NVLAP to
											  perform the following types of analysis:
(A) PLM analysis of a bulk sample;
											  or
(B) TEM analysis of an air sample.
(3) An asbestos laboratory may analyze air samples by PCM:
(A) in the laboratory, if accredited by the American Industrial Hygiene
											  Association (AIHA), the laboratory's individual analysts performing the analysis are listed on the AIHA
											  Asbestos Analyst Registry (AAR), or the laboratory is enrolled and proficient in the AIHA Proficiency
											  Analytical Testing (PAT) Program, as required in § 296.47(b)(13)(C) of this chapter (relating to Initial
											  and Renewal Licensure Requirements for a Company); and
(B) in the
											  field only if the laboratory's individual analysts performing the analysis are licensed asbestos air
											  monitoring technicians or AMT/PMs; and:
(i) listed on the AIHA AAR;
											  or
(ii) the laboratory is enrolled in the AIHA PAT Program and
											  performs quality control analysis on at least 10% of the samples analyzed.
(4) An asbestos laboratory or a laboratory's individual analyst must not
											  perform asbestos analysis if the laboratory or analyst loses accreditation or proficiency, as
											  applicable.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter D - LICENSE AND REGISTRATION › Section 296.62 - Asbestos Project Manager

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person must be licensed as an asbestos project
											  manager and have written delegated authority, as required in § 296.58(b)(1)(J) of this chapter (relating
											  to Asbestos Consultant) to perform asbestos project monitoring in a public building.
(b) Licensee scope of practice.
(1) An
											  asbestos project manager must be employed by a licensed asbestos consultant agency to monitor compliance with
											  this chapter and the specifications and plans, on behalf of the building owner, during an asbestos abatement
											  project.
(2) An asbestos project manager may:
(A) perform project monitoring as required in § 296.58(c)(11) of this
											  chapter;
(B) recommend to the asbestos consultant changes to the
											  asbestos abatement specifications and plans; and
(C) assist the
											  asbestos consultant in the development of an asbestos exposure assessment.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 296 - TEXAS ASBESTOS HEALTH PROTECTION › Subchapter E - TRAINING PROVIDER LICENSE AND TRAINING COURSES › Section 296.71 - Asbestos Training Provider

Current through Reg. 49, No. 28; July 12, 2024
(a) License required. A person must be licensed as an asbestos training
											  provider to offer training to an individual who seeks MAP accreditation or a DSHS license.
(b) Licensee scope of practice.
(1)
											  Licensee practice and limitations.
(A) A licensed asbestos training provider
											  may offer, schedule, and conduct any of the following courses for which the provider has received DSHS
											  approval:
(i) one or more asbestos training courses designed to meet
											  accreditation requirements in accordance with the MAP;
(ii) the
											  Asbestos Air Monitoring Technician course, as required in § 296.73 of this chapter (relating to Asbestos
											  Training Courses); and
(iii) the Texas Asbestos Law and Rules
											  course, as required in § 296.73 of this chapter.