Texas Register, Volume 23, Number 49, Part III, Pages 12311-12450, December 4, 1998 Page: 12,385
12311-12450 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(3) a physician's statement of the required physical ex-
amination done within the past year as described in 295.42(eX2) of
this title (relating to Registration: Asbestos Abatement Workers) and
submitted on the department's "Physician's Written Statement" form
only;
(4) work experience: applicants for licensing as asbestos
inspectors are required to submit verifiable written documentation
of prior work experience, including professional references with their
application forms which includes participation in at least five asbestos
inspections performed under the direct supervision of a licensed
management planner, licensed asbestos inspector, or licensed asbestos
consultant.
(5) a copy of the wallet-size photo-identification card
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 may obtain the necessary
photo-identification when attending the mandatory course on Texas
asbestos rules, as required in accordance with 295.64(h) of this title;
(6) a one-inch by one-inch photograph of the faie; and
(7) proof of successfully passing the department exami-
nation for asbestos inspector, if required.
(e) (No change.)
(f) Signature. All asbestos building surveys or inspections
must be signed by the licensed inspectors performing the inspections
and the consultant or management planner.
295.51. Licensure: Individual Asbestos Management Planner
(a) Licensing. A person must be licensed under these
sections to develop an asbestos management plan, which shall include
a written schedule and procedures to protect occupants from asbestos
health hazards in a public building. A company, employing an
individual management planner, cannot hire an inspector nor another
management planner without becoming an asbestos management
planner agency. A licensed management planner is also a licensed
inspector and shall fulfill all requirements for the inspector license
as listed in 295.50 of this title (relating to Licensure: Asbestos
Inspector) in addition to the requirements for a management planner
license. Only the fee for the management planner license will be
charged to the applicant.
(b)-(d) (No change.)
(e) Qualification. To qualify for a license as an asbestos
management planner, an applicant must demonstrate in a manner
acceptable to the Texas Department of Health (department) that they
meet the following applicable qualifications. The applicant must:
(1)-(2) (No change.)
(3) have participated in the preparation of at least five
management plans, under the direction of a licensed management
planner or licensed asbestos consultant;
(4)-(7) (No change.)
(f) Responsibilities. The asbestos management planner shall
be responsible for:
(1) (No change.)
(2) the production of drawings which show the locations
of asbestos materials, together with notes as to the extent and the
condition of this ACBM;(3) writing an asbestos report which includes information
from paragraph (2) of this subsection together with a proposed
schedule of actions to be taken to manage and control asbestos in
the subject building; and
(4) (No change.)
(g) (No change.)
5295.54. Licensure: Asbestos Labcoratory.
(a) Licensing requirement. A person must be licensed in
compliance with the provisions of this section to provide polarized-
light microscopy (PLM), phase contrast microscopy (PCM), or
transmission electron microscopy (TEM) analysis of bulk or air
samples collected in public buildings. Branch offices, which perform
laboratory analysis, must fulfill the same equipment and operational
standards as the main office which has been licensed, and must be
seacparately licensed and accredited in accordance with subsection (d)
of this section for the type of analysis they will be performing. The
license may not be transferred to another company which has bought
the licensed laboratory. A new license must be applied for within
60 days of change of ownership. Laboratories which change their
name must notify the department within 60 days of the change, send
a processing fee of $20 and a name change application. An applicant
desiring to be an asbestos laboratory shall designate one or more
individuals as their responsible persons, who shall have responsibility
for the asbestos activity.
(b)-(c) (No change.)
(d) Laboratory accreditation and proficiency. To be eligible
for licensure, applicants must submit evidences of accreditation or
proficiency of at least one of the following:
(1) accreditation by the National Voluntary Laboratory
Accreditation Program (NVLAP) for bulk analysis by polarized-light
microscopy
(2) accreditation by the NVLAP for analysis of airborne
asbestos by transmission electron microscopy;
(3) accreditation as an industrial hygiene laboratory by the
American Industrial Hygiene Association (AIHA) and participation
in the Proficiency Analytical Testing (PAT) program for analysis of
airborne fibers by phase-contrast microscopy (PCM);
(4) proficiency according to the standards of the AIHA
PAT Program, which includes quarterly proficiency testing for
airborne fibers by PCM and a quality assurance/quality control
program as required by the NIOSH method 7400, issue 2, August
1994; or
(5) accreditation of the individual laboratory analysts
through the AIHA Asbestos Analyst Registry (AAR) and a quality
assurance/quality control program as required by the NIOSH method
7400, issue 2, August 1994.
(e) Limitations. Limits which are placed on the type of
services that an asbestos laboratory can perform are as follows.
(1) (No change.)
(2) A laboratory may analyze samples by transmission
electron microscopy (TEM) only if accredited by NVLAP.
(3) A laboratory enrolled in the AIHA PAT program
may perform phase-contrast microscopy analysis under controlled
laboratory conditions or under field conditions, if quality-control
analysis is performed on at least 10% of the samples analyzed.
Records must be kept in the laboratory indicating which samples were
used to meet this 10% quality-control analysis. All phase-contrastADOPTED RULES December 4, 1998 23 TexReg 12385
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
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/m1/85/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.