25 Tex. Admin. Code § 296.51

Current through Reg. 50, No. 1; January 3, 2025
Section 296.51 - Asbestos Operations and Maintenance Supervisor
(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.
(c) Licensee responsibilities. An asbestos O&M supervisor must:
(1) comply with standards of operation, including the EPA regulations adopted by reference in § 296.2 of this chapter (relating to Reference of Federal Standards);
(2) comply with applicable OSHA regulations, including, as applicable, the work practices and controls in 29 CFR § 1926.1101(g) (relating to Asbestos);
(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 restrictions and required work practices described in § 296.213 of this chapter for SSSD O&M activities conducted under that section;
(5) comply with personal protective equipment (PPE) requirements for employees who perform asbestos-related activities to ensure that PPE is worn in compliance with 29 CFR § 1926.1101 or 40 CFR §763.122 (relating to What does this subpart require me to do?), whichever is applicable;
(6) immediately correct any issue of noncompliance with asbestos abatement activity and if such an issue is related to removal of ACBM, the asbestos O&M supervisor must stop the removal and must not resume removal until each identified issue has been corrected.
(7) cooperate with DSHS personnel during inspections and investigations, as required in § 296.271 of this chapter (relating to Inspections and Investigations); and
(8) maintain records at work site locations, as required in § 296.291 of this chapter (relating to Recordkeeping).

25 Tex. Admin. Code § 296.51

Adopted by Texas Register, Volume 46, Number 26, June 25, 2021, TexReg 3893, eff. 7/8/2021