19 Del. Admin. Code § 4103-14.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4103-14.0 - Asbestos Class "A" Project Supervisors Certification

14.1 No Contractor shall engage in supervision or permit a person employed by the Contractor to supervise work on an asbestos project involving the installation, removal, encapsulation, application or enclosure of asbestos or asbestos material or the disturbance of friable asbestos, or the disturbance of cementations asbestos material that can become friable by disturbance, unless each such supervisor has a valid Asbestos Project Supervisors Certification.

14.2 Any Supervisor whose duties involve the supervision of the installation, removal, encapsulation, application or enclosure of any asbestos material or the disturbance of friable asbestos material, or cementations asbestos material that can become friable by disturbance, shall have an Asbestos Project Supervisors Certificate or a copy thereof in his/her possession at all times during his/her work on the project. Should Facilities Management at any time deem it impractical for such certificates or copies thereof to be maintained in the possession of such persons, Facilities Management may designate some appropriate alternate location proximate to but outside the work area at which such certificates or copies may be kept.

14.3 The class of Supervisors certification will be determined by the nature of the employing Certified Asbestos Contractor Certification and activities as defined in Sections 3.0 and 4.0 of this Regulation.

14.4 The qualifications required for certification as Asbestos Project Supervisor are:

14.4.1 Successful completion of a Delaware State approved Asbestos Project Supervisor training.

14.4.2 Proof of current qualification from an accredited CPR training facility which offers a four (4) hour course. No on-line training courses accepted.

14.4.3 Physical ability to perform asbestos abatement work without endangering the health and safety of themselves or others.

14.4.4 Free of any respiratory and/or health disorders which would prevent the wearing of respiratory equipment.

14.4.5 An original report of participation in a medical surveillance program demonstrating full compliance with OSHA requirements under 29 CFR 1926.1101 and including a doctor's certification that the Supervisor has no medical conditions which would preclude that Supervisor from working while wearing a respirator.

14.4.6 Other requirements as determined by Facilities Management.

14.5 All applications for Asbestos Project Supervisors Certification shall be submitted as follows:

14.5.1 All applications for Asbestos Project Supervisors Certification shall be submitted in writing on forms provided by Facilities Management. Copies of such forms may also be obtained from the Division of Facilities Management or the State website.

14.5.2 Completion of such forms may require the inclusion of any information deemed appropriate by Facilities Management. Along with such application forms, every applicant shall submit full face photographs of himself/herself in such number and sizes as Facilities Management shall prescribe. Such photographs shall have been taken within thirty (30) days of such application.

14.5.3 Each application for Asbestos Project Supervisors Certificate shall contain a verified statement by the applicant that he/she will abide by all rules and regulations promulgated by either Facilities Management or any other State agency as appropriate.

14.5.4 Completed applications shall be sent to the address specified in the application package accompanied by a non-refundable application fee of fifty ($50.00). The fee shall be paid in the form of cash, a bank or postal money order, bank cashier's check or certified check payable to the State of Delaware. No other instrument shall be used for payment of an application fee.

14.5.5 Facilities Management shall notify the applicant in writing no later than thirty (30) days from receipt of the certification application of the issuance or denial of the certification or the need for further information from the applicant in order to process the certification application. Notification of denial of a certificate on grounds other than failure to complete the certification application shall set forth the grounds for such denial. An applicant denied certification may request a hearing before the Director of the Division of Facilities Management or his/her designee by submitting a written request for such hearing within thirty (30) days of receipt of denial.

14.5.6 An Asbestos Project Supervisors Certification shall be valid for a period of one (1) year from the date of training unless sooner suspended and/or revoked.

14.6 All applications for renewal of Asbestos Project Supervisors Certificates shall be submitted as follows:

14.6.1 A certificate holder who intends to seek renewal of an Asbestos Project Supervisors Certificate issued by Facilities Management under this Regulation shall submit a notice to renew the certificate. The renewal application may request the applicant to inform Facilities Management of any changes in information previously provided to Facilities Management and any other information deemed by Facilities Management to be relevant.

14.6.2 The completed renewal application package shall be sent to Facilities Management at the address specified in the application package accompanied by a non-refundable application fee of fifty dollars ($50.00). The fee shall be paid in the form of cash, a bank or postal money order, bank cashier's check, or certified check payable to the State of Delaware. No other instrument shall be used for payment of an application fee for certification renewal.

14.6.3 Applicants for renewal of an Asbestos Project Supervisors certification must submit evidence of successful completion of a State of Delaware approved annual refresher course for Asbestos Project Supervisors completed within one (1) year of the day of application with current CPR and medical qualifications.

14.6.4 Facilities Management shall notify the renewal applicant in writing of the issuance of Asbestos Project Supervisors certification and/or Asbestos Workers certification, or the denial of Asbestos Project Supervisors certification and/or Asbestos Workers certification, or the need for further information from the applicant in order to process the application. Notification of denial of one or both of the certification renewals on any grounds other than failure to complete the renewal application shall set forth the grounds for such denial. An applicant denied renewal of one or both of the certifications may request a hearing before the Director of the Division of Facilities Management or his/her designee by submitting a written request for such hearing within thirty (30) days of receipt of denial.

14.6.5 In the event the Asbestos Project Supervisor fails to renew his/her certification before the expiration date, the certification will expire. Any supervisor whose certification has expired shall be required to reapply for certification under the provisions of this Regulation. If the expiration period has been one (1) year or more the applicant must apply as a first time applicant.

14.6.6 It shall be unlawful for any Asbestos Project Supervisor to engage in or offer to engage in any asbestos projects or activities within the State of Delaware if the Supervisors certification has expired. In addition, all other restrictions outlined in this Regulation apply for any Asbestos Project Supervisor whose certification has expired and/or not been renewed.

14.7 Suspension, denial and/or revocation of Asbestos Project Supervisors Certification

14.7.1 Facilities Management may, for cause or for violation of any regulations, suspend and/or revoke any Asbestos Project Supervisors certification issued under the provisions of this Regulation. Further, in any circumstances where an Asbestos Project Supervisor has demonstrated the inability or reluctance to follow safety precautions of the project specifications or a minimum standard of care, the Asbestos Project Supervisors certification may be immediately suspended and/or revoked.

14.7.2 In any instance where there is a question as to the likelihood that an Asbestos Project Supervisor will not follow appropriate health, safety or environmental requirements, that Project Supervisor may have his/her certification suspended and/or revoked until such time as documented evidence can be presented, establishing full confidence on behalf of Facilities Management in the Asbestos Project Supervisor's ability to perform.

14.7.3 If any Asbestos Project Supervisor has his/her certification suspended, denied and/or revoked in any other State which has, or may have in the future, a certification program, that Asbestos Project Supervisor may have his/her Delaware Asbestos Project Supervisors certification suspended and/or revoked.

14.7.4 An Asbestos Project Supervisor whose certification has been suspended, denied and/or revoked shall not provide project supervision under the provisions of this Regulation on any asbestos projects within the State of Delaware. However, depending on the severity of the violation, Facilities Management may elect to suspend and/or revoke the violator's certification as an Asbestos Abatement Worker.

14.7.5 Any past, present or pending civil litigation shall be considered for suspension.

14.8 Lost, damaged or destroyed Asbestos Project Supervisor license can be replaced by Facilities Management. The request must be accompanied by a statement from the applicant that the certificate was lost, damaged or destroyed through no fault of the applicant. A fee of fifteen dollars ($15.00) in the form of cash, a bank or postal money order, bank cashier's check, or certified check payable to the State of Delaware must be submitted for replacement to cover administrative costs.

19 Del. Admin. Code § 4103-14.0

18 DE Reg. 736 (3/1/2015) (Final)