Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998 Page: 12,383
12311-12450 p. ; 28 cm.View a full description of this periodical.
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(e) Qualifications. Applicants for registration as asbestos
abatement workers shall provide:
(1) (No change.)
(2) an acceptable written opinion of a physical examina-
tion of the applicant within the past 12 months that was performed by
a physician in accordance with Occupational Safety and Health Ad-
ministration of the United States Department of Labor (OSHA) reg-
ulations in 29 Code of Federal Regulations (CFR), 1926.1101(m),
or Environmental Protection Agency (EPA) regulations in 40 CFR,
763.121(m), relating to medical surveillance. This opinion must be
submitted on the Texas Department of Health (department) "Physi-
cians Written Statement" form only, must be signed by the doctor
and include certification of the following elements:
(A) completion and review of the applicants standard-
ized medical questionnaire and work history with special emphasis
directed to the pulmonary, cardiovascular, and gastrointestinal sys-
tems per 40 CFR 1926.1101 Appendix D;
(B) D) (Nochange.)
(E) a chest roentgenogram, posterior-anterior, 14x17
inches, or current film on file with interpretation in accordance with
29 CFR 1926.1101 Appendix E. (Note: According to 29 CFR
1926.1101 (mX2XiiXC), it is up to the discretion of the physician
whether or not a chest X-ray is required); and
(F) (No change.)
(3)-(4) (No change.)
(f) (No change.)
295.43. Licensure: Asbestos Operations and Maintenance Con-
tractor (Restricted).
(a) (No change.)
(b) Restrictions.
(1)-(4) (No change.)
(5) EPA regulatory requirements for small-scale, short
duration activities affecting asbestos are explained in detail in 40
CFR, Part 763, Appendix B to Subpart E, as amended. The same
regulatory requirements of OSHA for these activities are explained
in 29 CFR 1926.1101.The restricted asbestos activities of licensed
O&M contractors, O&M supervisors, and asbestos workers shall be
confined to the work practices and procedures therein.
(c)-(d) (No change.)
(e) Qualifications. Applicants for licensing as asbestos
operations and maintenance contractors shall provide:
(1) a certificate of training from a training provider ap-
proved by or acceptable to the Texas Department of Health (depart-
ment), indicating successful completion within the past 12 months of
the approved training course for asbestos abatement contractors and
supervisors or the annual refresher training, as described in 295.64 of
this title (relating to Training: Required Asbestos Training Courses).
An applicant organization shall designate at least one individual as
their responsible person who will comply with this training require-
ment. This person must be responsible for asbestos operations and
compliance with all asbestos rules and regulations;
(2)-(16) (No change.)
(17) proof of successfully passing the department exami-
nation for asbestos abatement contractors and supervisors:(18) a copy of the wallet-size photo-identification card of
the responsible person from the training course, as required from all
trainers in Texas in accordance with 295.65(f)(2) of this title (relating
to Training: Approval of Training Courses). Persons submitting
out-of-state training certificates with their applications shall submit
the necessary photo-identification they obtain when attending the
mandatory course on Texas asbestos rules, as required in accordance
with 295.64(h) of this title, and
(19) a one-inch by one-inch photograph of the face of the
responsible person.
(f) Responsibilities. O&M contractors who obtain restricted
licenses shall be responsible for:.
(1) (No change.)
(2) complying with federal standards of operation, includ-
ing EPA and OSHA regulations, which are adopted by reference, as
follows
(A) OSHA regulations in 29 CFR, 1926.1101(gX9),
titled "Work Practices and Engineering Controls for Class iI Asbestos
Work"; or
(B) (No change.)
(3)-(9) (No change.)
(g) (No change.)
295.45. Licensure: Asbestos Abatement Contractor
(a)-(d) (No change.)
(e) Qualifications. Applicants for licensing as asbestos
abatement contractors shall provide:
(1)-(17) (No change.)
(18) copies of all citations issued;
(19) proof of successfully passing the department exami-
nation for asbestos contractors, if required:
(20) a copy of the wallet-size photo-identification card of
the responsible person from the training course, as required from all
trainers in Texas in accordance with 295.65((fX2) of this title (relating
to Training: Approval of Training Courses). Persons submitting
out-of-state training certificates with their applications shall submit
the necessary photo-identification they obtained when attending the
mandatory course on Texas asbestos rules, as required in accordance
with 295.64(h) of this title; and
(21) a one-inch by one-inch photograph of the face of the
responsible person.
(f) Responsibilities. The asbestos abatement contractor shall
be responsible for:
(1)-(6) (No change.)
(7) standards and practices for O&M activities, as con-
ducted by a contractor, as described in 295.59 of this title (relating
to Operations: Operations and Maintenance (O&M) Activities);
(8)-(11) (No change.)
295. 47. Licensure: Individual Asbestos Consultant
(a) Licensing requirements. An individual must be licensed
as an asbestos consultant to design asbestos abatement projects.
A company employing an individual asbestos consultant may not
hire an inspector, project manager, air monitor technician, or
another individual asbestos consultant without obtaining an asbestos
consultant agency license.ADOPTED RULES December 4,1998
111l 1 _ ~,_~__~-- IILIL n I -I __ _ _
23 TexReg 12383
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Texas. Secretary of State. Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998, periodical, December 4, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379980/m1/83/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.