Oklahoma Asbestos Control Act : Title 40 [sects. 450-456]. Abatement of friable asbestos materials rules : 380:50-1-1- through 380:50-29-1

              Office of Commissioner Mark Costello
Oklahoma Department of Labor
Asbestos Abatement Division
Oklahoma Asbestos Control Act
Title 40 § 450-456
Abatement of Friable Asbestos Materials Rules 380:50-1-1 through 380:50-29-1
Current as of September 1, 2011
This publication is issued by the Oklahoma Department of Labor as authorized by Commissioner Mark Costello. Copies have not been printed but are available through the agency website. The publisher of this booklet does not warrant the correctness of the information contained in this booklet. The "official" version of the Oklahoma Statutes are available from the authorized publisher per Oklahoma state law and the "official" version of the Administrative Rules must be obtained from the Office of Administrative Rules, Oklahoma Secretary of State, 405-521-4911, www.sos.state.ok.us. Title 40, Oklahoma Statutes, as amended.
Chapter 11.
Removal Of Friable Asbestos Material.
Section.
450.
Short Title.
451.
Definitions.
452.
License required-Fee-Exemptions.
453.
Powers and duties of commissioner.
454.
Suspension, revocation or refusal to issue license-Hearing-Appeal.
455.
Inspections and investigations.
456.
Violations-Penalties-Injunction.
§ 450. Short Title.
Sections 450 through 455 of this act shall be known and may be cited as the "Oklahoma Asbestos Control Act".
§ 451. Definitions.
As used in the Oklahoma Asbestos Control Act:
1.
"Friable asbestos material" means any material that contains asbestos of one percent (1%) or more that can be crumbled, pulverized or reduced to powder by hand pressure;
2.
"Friable asbestos material abatement" means the removal, encapsulation or enclosure of friable asbestos containing material;
3.
"Friable asbestos material encapsulation" means the application of a bonding agent called a sealant, which penetrates and hardens the asbestos material or covers the surface of the material with a protective coating, thus preventing fiber release from the asbestos material;
4.
"Friable asbestos material removal" means the actual physical removal of any friable asbestos containing material from a facility, when the asbestos is either attached to or detached from any device or structure;
5.
"Contractor" means any public or private entity that engages in friable asbestos containing material abatement in any facility in this state except private residences or apartment houses of less than six family units;
6.
"Commissioner" means the Commissioner of Labor.
§ 452. License Required-Fee-Exemptions.
A. No contractor shall abate any friable material containing asbestos without having first obtained a license to do so from the Commissioner of Labor. The Commissioner shall issue an asbestos abatement license to a qualified contractor upon proper application, as determined by the Commissioner. The annual fee for such license shall be Five Hundred Dollars ($500.00). A nonrefundable initial application fee of One Thousand Dollars ($1000.00) shall be charged. The Commissioner may deny a license to applicants whose past abatement performance for abatement of friable asbestos does not comply with federal and other states' requirements. A minimum waiting period of one hundred twenty (120) days will be required before issuance of a license to permit the Commissioner to perform a work performance investigation of the applicant.
The annual fee for examining and certifying workers employed by a Contractor for asbestos abatement shall be Twenty-five Dollars ($25.00). Uncertified workers shall not be used on any asbestos abatement projects.
B. The state and political subdivisions thereof, counties and political subdivisions thereof and municipalities and political subdivisions thereof, and their supervisors and employees, shall be exempt from any certification fees required by this section when such entities act as a contractor. Any contractor not performing abatement work which falls under the jurisdiction of the Commissioner during the period of the issued license shall be considered a new applicant for purposes of licensing and training.
C. A fee of Six Hundred Dollars ($600.00) shall be paid by contractors to the Department of Labor, to be deposited in the General Revenue Fund, for each separate containment area of any asbestos abatement project. There shall be a minimum of three inspections of each containment area. For projects which are not a part of a definite containment area, or are performed with multiple glovebags or miniature containments, a fee of Two Hundred Dollars ($200.00), plus Five Dollars ($5.00) per such glovebag or miniature containment, shall be made.
Asbestos abatement projects performed on properties owned by the state or any political subdivision thereof shall be exempt from this fee.
D. Any asbestos abatement contractor transporting asbestos-containing material shall be required to provide to the Commissioner a Certificate of Insurance by a carrier licensed to do business in the State of Oklahoma demonstrating a minimum of One Million Dollars ($1,000,000.00) of environmental impairment insurance.
E. No state agency or political subdivision thereof, county or political subdivision thereof, or municipalities or political subdivision thereof shall solicit or receive any estimate or bid for abatement of asbestos from any person or party who is not a licensed asbestos abatement contractor. § 453. Powers and Duties of Commissioner.
A. The Commissioner of Labor shall have the power and duty to:
1.
Develop and promulgate rules for the abatement of friable asbestos materials which shall be consistent with general industry standards;
2.
Instruct and examine contractors, employees and supervisors on the safe abatement of friable asbestos materials;
3.
Hire sufficient personnel to carry out the provisions of this act1 consistent with funds allocated and a full-time-equivalent employee authorized;
4.
Inspect all asbestos abatement projects, to issue, modify and revoke orders; to issue cease and desist orders; and to require mandamus and seek injunctive relief for enforcement of orders;
5.
Inspect public buildings for the presence of friable asbestos materials;
6.
Collect samples to determine the presence and condition of friable asbestos materials;
7.
Recommend appropriate abatement measures for friable asbestos materials;
8.
Make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under the Oklahoma Asbestos Control Act including, but not limited to, contacts with the United States, other states, agencies, and political subdivisions of this state;
9.
Accept grants from the United States government, its agencies and instrumentalities, and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary and desirable;
10.
Supervise, administer, and enforce the provisions of the Oklahoma Asbestos Control Act rules promulgated thereunder;
11.
Hold hearings;
12.
Institute legal proceedings, including suits for injunctions for the enforcement of his orders, rules, and for the enforcement of penalties;
13.
Investigate any violations of the Oklahoma Asbestos Control Act; and
14.
Exercise all incidental powers which are necessary to carry out the provisions of the Oklahoma Asbestos Control Act.
B. The violations of any rule shall be grounds for the Commissioner to evoke any penalties set forth in Section 456 of this title.
§ 454. Suspension, revocation or refusal to issue license­Hearing-
Appeal
If the Commissioner finds that a contractor has violated any of the provisions of the Oklahoma Asbestos Control Act or any rule promulgated pursuant to the Oklahoma Asbestos Control Act, the Commissioner may suspend, revoke or refuse to issue the license of the contractor after a hearing held for such purpose. Such hearing shall be held within thirty (30) days after written notice has been sent to the contractor by certified mail. If, after such hearing, the Commissioner finds cause to suspend, revoke or refuse to issue a license, the contractor shall be given written notice of the decision of the Commissioner and the basis therefor. The decision shall become final at the end of thirty (30) days from the date of such notice, unless appealed to the district court. All appeals from the Commissioner’s order shall be taken in the manner prescribed by law.
§ 455. Inspections and Investigations.
The Commissioner of Labor or an authorized representative shall have the power and authority to enter at reasonable times upon any property for the purpose of inspecting and investigating contractors relating to the abatement of any friable material containing asbestos pursuant to the Oklahoma Asbestos Control Act.
§ 456. Violations-Penalties-Injunctions.
A. In addition to any administrative or civil penalty, any person who violates any of the provisions of the Oklahoma Asbestos Control Act or who violates any rule or order promulgated thereto shall be guilty of a misdemeanor and may be enjoined from continuing such action. Upon conviction thereof, said person shall be punished by imprisonment in the county jail for not more than six (6) months and by a fine of not less than One Hundred Dollars ($100.00). Each day's violations shall constitute a separate violation.
B. TheAttorneyGeneralshall,uponrequestoftheCommissioner, bring an action for injunction against any person violating any provision of the Oklahoma Asbestos Control Act or violating any order or determination of the Commissioner. In any action for injunction, any finding of the Commissioner, after notice, shall be prima facie evidence of the facts found therein.
C. A district attorney, upon request of the Commissioner, shall prosecute any violation of the Oklahoma Asbestos Control Act. Table of Contents
SUBCHAPTER 11.
SUBCHAPTER 1. LABORATORY REQUIREMENTS
GENERAL PROVISIONS 380
:50-11-1. Daily air monitoring requirements
. . . . . . . . . . . . . . . .
24
380:50-3-1. Adoption of national standards . . . . . . . . . . . . . . . . . . . . . 9 380:50-11-7. Third party monitoring requirements for private
380:50-1-2. Definitions 25
.................................... 6 380:50-11-2. Clean-testrequirements. ........................
380:50-11-3. Sampling and monitoring requirements
. . . . . . . . . . . .
25
SUBCHAPTER 3.
380:50-11-4. Microscoperequirements
.......................
25
ADOPTION OF STANDARDS 380
:50-11-5. Technician'srequirements
.......................
25
380:50-3-2. Othercontractorrequirements
..................... 9 contractors ..................................
26
380:50-3-3. Supremacy of conflicting requirements
. . . . . . . . . . . . . .
9
SUBCHAPTER 13.
SUBCHAPTER 4. GLOVEBAG OPERATIONS
PROJECT DESIGN REQUIREMENTS 380
:50-13-1. Generalrequirements
..........................
26
380:50-4-2. AHERA project design requirements . . . . . . . . . . . . . . . . 9 SUBCHAPTER 14.
380:50-4-3. Non-AHERA project design requirements . . . . . . . . . . . 10 OPERATION AND MAINTENANCE PROCEDURES
380:50-4-1. Generalrequirements
............................
9
380:50-4-4. O&M project design requirements
. . . . . . . . . . . . . . . . . 10 380:50-14-1. General operations and maintenance requirements . . . .
26
380:50-14-2. Approvalprocedures
...........................
27
SUBCHAPTER 5. CONTRACTOR, SUPERVISOR, AND WORKER. SUBCHAPTER 15. LICENSING AND REQUIREMENTS WORKER AND WORK AREA PROTECTION
380:50-5-5. Licensing of asbestos abatement contractors
. . . . . . . . . 10 380:50-15-1. Contractor responsibility . . . . . . . . . . . . . . . . . . . . . . .
27
380:50-5-6. Licensing of operation and maintenance (O&M) 380:50-15-2. Respirator requirements
. . . . . . . . . . . . . . . . . . . . . . . .
27
contractors 27
................................... 10 380:50-15-5. Pressure-demandsupplied-airrespirators...........
380:50-5-7. Licensing of operation and maintenance (O&M) 380:50-15-6. Body covering requirements
. . . . . . . . . . . . . . . . . . . . .
28
workers 28
...................................... 11 380:50-15-7. Cleanroomrequirements .......................
380:50-5-8. Licensing of asbestos abatement supervisors
. . . . . . . . . 11 380:50-15-8. Decontamination procedures . . . . . . . . . . . . . . . . . . . .
28
380:50-5-9. Licensing of asbestos abatement workers
. . . . . . . . . . . . 11 380:50-15-9. Worker activity prohibition . . . . . . . . . . . . . . . . . . . . .
28
380:50-5-10. Licensing of AHERA asbestos inspectors
. . . . . . . . . . . 11 380:50-15-12. Decontamination facility preparation . . . . . . . . . . . . . .
28
380:50-5-11. Licensing of AHERA asbestos management planners 380:50-15-13. Emergency exits
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
............................................
12 380:50-15-14.Fireextinguishers
.............................
29
380:50-5-12. LicensingofAHERAprojectdesigners
............. 12 380:50-15-16.Smokingprohibition...........................
29
SUBCHAPTER 6. SUBCHAPTER 17. TRAINING REQUIREMENTS MINIMUM ABATEMENT STANDARDS
380:50-6-1. Applicability
.................................. 13 380:50-17-1. Contractor'sscopeofwork ......................
29
380:50-6-16. Recordkeepingrequirements ..................... 21 SUBCHAPTER 19.
VARIANCES
VIOLATIONS
380:50-7-1. Violations .................................... 21 SUBCHAPTER 23.
380:50-7-2. Violations and revocation of accreditation . . . . . . . . . . . 22 MISCELLANEOUS FRIABLE ASBESTOS
MATERIAL ABATEMENT PROCEDURES
380:50-6-2. Initial training for asbestos workers
. . . . . . . . . . . . . . . . 13 380:50-17-2. Materials requirements for asbestos abatement . . . . . .
29
380:50-6-3. Initial training for asbestos contractors and supervisors . 14 380:50-17-3. Equipment requirements for asbestos abatement
. . . . .
30
380:50-6-4. Initial training for asbestos inspectors
. . . . . . . . . . . . . . 15 380:50-17-4. Preparation of asbestos abatement work areas . . . . . . .
30
380:50-6-5. Initial training for asbestos management planners
. . . . . 16 380:50-17-5. Asbestos removal procedures . . . . . . . . . . . . . . . . . . . .
31
380:50-6-6. Initial training for asbestos project designers
. . . . . . . . . 17 380:50-17-6. Asbestos encapsulation procedures . . . . . . . . . . . . . . .
31
380:50-6-7. Examinations for asbestos workers 32
. . . . . . . . . . . . . . . . . 18 380:50-17-7. Asbestos abatement enclosure procedures . . . . . . . . . .
380:50-6-8. Examinations for asbestos supervisors
. . . . . . . . . . . . . . 18 380:50-17-8. Asbestos abatement cleanup procedures . . . . . . . . . . . .
32
380:50-6-9. Examinations for asbestos inspectors
. . . . . . . . . . . . . . . 19 380:50-17-9. Asbestos disposal procedures . . . . . . . . . . . . . . . . . . . .
32
380:50-6-10. Examinations for asbestos management planners
. . . . . . 19 380:50-17-10. Re-establishment of the work area and systems . . . . . .
33
380:50-6-11. Examinations for asbestos project designers
. . . . . . . . . . 19 380:50-17-11. Salvaged equipment and material . . . . . . . . . . . . . . . . .
34
380:50-6-12. Refreshertraining
.............................. 19 380:50-17-12.Abatementactivitiesinoccupiedareas.............
34
380:50-6-13. Approval of asbestos training courses
. . . . . . . . . . . . . . 20 380:50-17-13. Industrial applications of rules . . . . . . . . . . . . . . . . . . .
34
380:50-6-14. Reciprocity
................................... 20 380:50-17-14.Demolitionprocedures .........................
34
380:50-6-15. Foreignlanguagecourses
........................
21
SUBCHAPTER 7.
380:50-19-1. Requestforvariance
...........................
34
SUBCHAPTER 9. 380
:50-23-1. Vinyl-asbestos floor tile and sheet flooring abatement
CONTRACTOR PROCEDURES requirements
.................................
34
380:50-9-1. Contractor notification 35
. . . . . . . . . . . . . . . . . . . . . . . . . . 23 380:50-23-2. Asbestos-containing duct tape abatement requirements
380:50-9-2. Emergency notification
. . . . . . . . . . . . . . . . . . . . . . . . . . 23 380:50-23-3. Asbestos-containing ceiling tile abatement procedures
35
380:50-9-3. Authorization to proceed
. . . . . . . . . . . . . . . . . . . . . . . . 23 380:50-23-4. Asbestos-containing ceiling texturing procedures . . . .
35
380:50-9-5. Notificationofhazards
..........................
24
380:50-9-6. Re-notificationrequirements
.....................
24
380:50-9-7. Wasteshipmentrecords
.........................
24
SUBCHAPTER 25.
CONTRACTOR WORK FEE
380:50-25-1. Contractorfee
.................................
36
380:50-25-2. Paymentrequirements
...........................
36
380:50-25-3. Public entity exemption from fees
. . . . . . . . . . . . . . . . .
36
380:50-25-4. Industrialexemptionfromfees
....................
36
SUBCHAPTER 27.
INDUSTRIAL EXEMPTIONS
380:50-27-1. IndustrialExemption
...........................
36
SUBCHAPTER 29.
IMPLEMENTATION DATES
380:50-29-1 Implementationdates
...........................
36
SUBCHAPTER 1. “Asbestos-containing material (ACM)” means any material GENERAL PROVISIONS containing more than one percent (1%) asbestos.
Section.
380:50-1-2. Definitions
380:50-1-2. Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
“Abatement crew” means the workers on an asbestos abatement project at any given time.
“ACBM” means asbestos-containing building material.
“ACM” means asbestos-containing material.
“Accredited or accreditation” means, when referring to a person or a laboratory, that such a person or laboratory has met the training, experience, and/or quality control requirements to perform work in accordance with AHERA.
"Aggressive method" means removal or disturbance of building material by sanding, abrading, grinding or other method that breaks, crumbles, or disintegrates intact ACM.
“AHERA” means the Asbestos Hazard Emergency Response Act, 15 U.S.C. Chapter 53, Subchapter II, Sections 2641 et seq., as amended, and 40 CFR Chapter I, Subchapter R, Part 763, Subpart E ­Asbestos-
Containing Materials in Schools, as amended, including appendices.
“AHERA abatement project designer” means a person who develops plans and specifications for the abatement of asbestos. For the purposes of this Chapter, abatement project designers will be considered to be a category of contractors.
“AHERA inspector” means a person trained to do on-site inspections for local education authorities to comply with AHERA. For purposes of this Chapter, AHERA inspectors will be considered to be a category of asbestos workers.
“AHERA management planner” means a person who develops management plans for local education authorities to comply with AHERA. For the purposes of this Chapter, management planners will be considered a category of contractors.
“AIHA” means the American Industrial Hygiene Association.
"Amended water" means water to which surfactant (wetting agent) has been added to increase the ability of the liquid to penetrate ACM.
“Asbestos” means chrysotile, amosite, crocidolite, tremolite asbestos, anthophylite asbestos, actinolite asbestos, and any of these minerals that has been chemically treated and/or altered. For purposes of this Chapter, "asbestos" includes presumed asbestos containing material (PACM).
“Asbestos-containing building material (ACBM)” means any friable ACM that is in or on interior structural members or other parts of a school, or public or commercial facility.
“Asbestos fiber” means any fiber of chrysotile, amosite, crocidolite, tremolite, anthophylite, and actinolite five micrometers or longer, and with an aspect ratio of greater than three-to-one.
“Asbestos hauler” means a person who transports asbestos containing materials from abatement projects for hire. For purposes of this Chapter, asbestos haulers will be considered to be asbestos abatement contractors, and their employees to be asbestos abatement workers, and shall be required to be licensed as such.
“Category I nonfriable asbestos-containing material (ACM)” means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light Microscopy.
“Category II nonfriable ACM” means any material, excluding Category I non-friable ACM, containing more than one percent (1%) asbestos as determined using the method specified in Appendix E, Subpart E, 40 CFR Part 763, Section 1, Polarized Light Microscopy that, when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure.
"Class III asbestos work" means repair and maintenance operations where ACM, including TSI and surfacing ACM and PACM, is likely to be disturbed. For the purposes of this Chapter, Class III asbestos work shall be considered the same as small scale, short duration (SSSD) and O&M work activities.
“Clean room” means an asbestos-free section of a decontamination facility which is intended for workers to change from street clothes to protective clothing prior to asbestos abatement activities.
"Closely resemble" means that the major workplace conditions which have contributed to the level of historic asbestos exposure, are no more protective than conditions of the current workplace.
“Commissioner”, as used herein, means the Commissioner of Labor, or employees of the Oklahoma State Department of Labor appointed to act on behalf of the Commissioner.
"Competent person" means, in addition to the definition in 29 CFR 1926.32(f), one who is capable of identifying existing asbestos hazards in the workplace and selecting the appropriate control strategy for asbestos exposure, who has the authority to take prompt corrective measure to eliminate them, as specified in 29 CFR 1926.32(f). In addition, for Class I and Class II work who is specially trained in a training course which meets the criteria of EPA's Model Accreditation Plan (40 CFR 763) for asbestos supervisor, or its equivalent and, for Class III and Class IV work, who is trained in a
Page 6
manner consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2).
“Containment” means an area which has been isolated from the environment through negative air pressure, physical barriers, and/or other means, and in which asbestos abatement is intended to take place. Containments will ordinarily have an attached decontamination system which is considered a part of the containment.
“Critical barrier” means a temporary closure, usually of polyethylene sheeting or other impervious material, and excluding wall, floor, or ceiling covering, of any opening that would otherwise allow the transfer of asbestos fibers from the containment to the outside environment.
"Demolition" means the wrecking or taking out of any load-supporting structural member of a facility and any related razing, removing, or stripping of asbestos products.
“Dirty room” means a chamber of a decontamination unit connecting the asbestos abatement area to the shower. The dirty room is for removal of contaminated or potentially contaminated protective clothing prior to entering the shower. The dirty room shall be a minimum of twelve (12) square feet and shall be built large enough to accommodate the decontamination of work equipment.
"Disturbance" means activities that disrupt the matrix of ACM or PACM, crumble or pulverize ACM or PACM, or generate visible debris from ACM or PACM. Disturbance includes cutting away small amounts of ACM or PACM, no greater than the amount which can be contained in one standard sized glovebag or waste bag in order to access a building component. In no event shall the amount of ACM or PACM so disturbed exceed that which can be contained in one glovebag or waste bag which shall not exceed 60 inches in length and width.
“DOL” means the Oklahoma State Department of Labor.
“DOT” means the Oklahoma State Department of Transportation.
“EPA” means the United States Environmental Protection Agency.
“Enclosure” means an airtight, impermeable, permanent barrier around asbestos-containing materials to prevent the release of asbestos fibers into the air.
"Facility" means something that is built, installed, or established to serve a particular purpose.
"Friable asbestos-containing material (ACM)" means any material containing more than one percent (1%) asbestos which has been applied on ceilings, walls, structural members, piping, duct work, or any other part of a building, which when dry, may be crumbled, pulverized, or reduced to powder by hand pressure. The term includes non-friable asbestos-containing material after such previously non-friable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure.
“GFI” means electrical ground fault circuit interrupter.
“Glovebag” means a commercially prepared device that is not more than a 60 x 60 inch impervious plastic bag-like enclosure affixed around an asbestos-containing material, with glove-like appendages through which material and tools may be handled and which, when attached and used in a proper manner, will prevent the release of asbestos fibers. For purposes of these Rules, a rigid box with armholes and attached sleeves will be considered to be the same as a glovebag, and the use of such a box in a single location will be considered to be equivalent of the use of one glovebag.
"Grinding" means to reduce to powder or small fragments and includes mechanical chipping or drilling.
“HEPA” means high-efficiency particulate air.
“Inspection” Those activities undertaken to specifically determine the presence or location, or to assess the condition of , friable or non-friable ACM whether by visual or physical examination, or by collecting samples of suspect material.
“Load-out” means two chambers of a containment area which are used to decontaminate disposal bags, barrels, and equipment prior to removal from containment.
“Major fiber release episodes” means any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of more than 3 square or linear feet of friable ACBM.
“Mini-containment” means a small enclosure intended to isolate a small-scale abatement procedure from the environment through negative air pressure, physical barriers, and/or other means. Mini containments will ordinarily not have an attached decontamination system.
"Minor fiber release episode" means any uncontrolled or unintentional disturbance of ACBM, resulting in a visible emission, which involves the falling or dislodging of 3 square or linear feet or less of friable ACBM.
“NESHAP” means the National Emission Standards for Hazardous Air Pollutants, EPA regulation 40 CFR part 61, latest edition.
“NIOSH” means the National Institute for Occupational Safety and Health.
“OAP” means Oklahoma Accreditation Plan.
“Operation and maintenance” means a program of work practices to maintain friable ACBM in good condition, ensure clean up of asbestos fibers previously released, and prevent further release by minimizing and controlling friable ACBM disturbance or damage.
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The scope of operations and maintenance activities shall be defined in a program for a specific school facility, and shall be approved by the Commissioner. In no case shall operations and maintenance exceed the amount of ACM or PACM which can be contained in one
(1) glovebag or waste bag which shall not exceed 60 inches in length and width. For the purposes of this Chapter, operation and maintenance work shall be considered the same as small-scale short duration (SSSD) asbestos activities and Class III asbestos work.
“OSHA” means the Occupational Safety and Health Administration of the United States Department of Labor.
"PACM" means presumed asbestos-containing material.
"PEL" means permissible exposure level. For the purposes of this Chapter, the PEL is .01 fibers per cubic centimeter (f/cc).
“Poly” means polyethylene sheeting.
“Private contractor” means an asbestos abatement contractor, AHERA management planner, or AHERA project designer who is a proprietorship, partnership, or corporation operating for profit, or employed by and on behalf of a private, non-profit corporation, trust, charity, or religious organization.
“Proprietary contractor” means an owner or operator who holds and asbestos abatement contractor's license for use strictly on the owned or operated property.
“Public and commercial facility” means the interior space of any building which is not a school building, except that the term does not include any residential apartment building of fewer than four (4) units or detached single-family homes. The term includes, but is not limited to: industrial and office buildings, residential apartment buildings and condominiums of four (4) or more dwelling units, government-owned buildings, colleges, museums, airports, hospitals, churches, preschools, stores, warehouses and factories. Interior space includes exterior hallways connecting buildings, porticos, and mechanical systems used to condition interior space.
“Public contractor” means an asbestos abatement contractor, AHERA management planner, or AHERA project designer working specifically for, and on behalf of, a political subdivision of the State of Oklahoma.
“RACM” means regulated asbestos-containing materials.
"Regulated area" means a demarcated area where asbestos work or response actions are conducted, any adjoining area where debris and waste from such asbestos work or response actions accumulate, and a work area within which airborne concentrations of asbestos exceed or there is a reasonable possibility they may exceed the permissible exposure limit.
“Regulated asbestos-containing materials (RACM)” means friable asbestos-containing material, Category I nonfriable ACM that has become friable, Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or Category II nonfriable ACM that has a high probability of becoming, or has become crumbled, pulverized, or reduced to powder by forces expected to act on the material in the course of demolition, renovation, or abatement operations regulated by these Rules.
“Reinforced poly” means polyethylene sheeting reinforced with nylon strands.
“Response action” means a method, including removal, encapsulation, enclosure, repair, and operations and maintenance, that protects human health and the environment from friable asbestos-containing materials.
"School building" means:
A. Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food;
B. Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education;
C. Any other facility used for the instruction or housing of students or for the administration of educational or research programs;
D. Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in this definition of "school building" under paragraphs (A), (B), or (C);
E. Any portico or covered exterior hallway or walkway; or
F. Any exterior portion of a mechanical system used to condition interior space.
“Shift” means a scheduled period of work by a given group of Workers, usually, but not limited to, eight (8) hours.
“Small-scale, short duration (SSSD) activities” means tasks such as, but not limited to removal of asbestos-containing insulation material on pipes, removal of small quantities of asbestos-containing insulation on beams or above ceilings, replacement of asbestos-containing gaskets on valves, installation or removal of a small section of drywall, installation of wiring or electrical conduits through or proximate to asbestos-containing materials, removal of small quantities of ACM only if required in the performance of another maintenance activity not intended as asbestos abatement, removal of asbestos-containing thermal system insulation not to exceed amounts greater than those which can be contained in a single glovebag, minor repairs to damaged thermal system insulation which do not require removal, repairs to a piece of asbestos-containing wallboard, or repairs, involving encapsulation, enclosure, or removal, to small amounts of friable ACM only if required in the performance of emergency or routine maintenance activity and not intended solely as asbestos abatement. Such work may not exceed amounts greater than those which can be contained in a single prefabricated mini-enclosure. such an enclosure shall conform spatially and geometrically to the localized work area, in order to perform its intended containment function. For the purposes of this Chapter, SSSD asbestos activities shall be considered the same as Class III asbestos work and O&M work.
“Supervisor” means a person or persons at an abatement site with project oversight and worker management responsibilities. For
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purposes of this Chapter, supervisors will be considered to be a category of abatement worker.
“Third party air monitor” means an air monitoring laboratory which shares no partners or owners, if a proprietorship, or officers if a corporation, with the contractor for whom monitoring is being performed.
“Wetted” means the application of amended water solution to asbestos-containing materials in sufficient quantities to minimize fiber release. The ACM need not be saturated.
“Worker” means any employee of a contractor, consultant, or air monitoring company, engaged in the abatement of asbestos, or performing a task within an asbestos abatement containment in which direct contact with asbestos is likely.
SUBCHAPTER 3. ADOPTION OF STANDARDS
Section.
380:50-3-1.
Adoption of national standards
380:50-3-2.
Other Contractor requirements
380:50-3-3.
Supremacy of conflicting requirements
380:50-3-1.
Adoption of national standards
The following National Standards are hereby adopted as they pertain to friable asbestos material abatement. In any instance where adopted standards are in conflict with each other, or with Chapter 380:50, the most stringent shall apply:
(1)
29 CFR 1910, General Industry Standards, latest edition, except for Section 1001(c) and (d).
(2)
29 CFR 1926, Construction Industry Standards, latest edition, except for Section 1101 (c)(1) and (2).
(3)
40 CFR part 61, NESHAP, latest edition.
(4)
ANSI Z88.2, latest edition.
(5)
American Conference of Governmental Industrial Hygienists' Adopted Threshold Limit Value for Heat Stress.
(6)
15 U.S.C. Chapter 53, Subchapter II -Asbestos Hazard Emergency Response, Sections 2641 et seq., as amended, and 40 CFR Chapter I, Subchapter R, Part 763, Subpart E ­Asbestos-
Containing Materials in Schools, as amended, including appendices.
380:50-3-2. Other contractor requirements
Contractors will abide by all other applicable laws, rules, and regulations, including but not limited to those relating to:
(1)
Workers' compensation;
(2)
Prevailing wage rates;
(3)
Public contracts;
(4)
Liability Insurance;
(5)
EPA, OSHA, DOT, and DOL rules and regulations;
(6)
Contractors shall abide by the project design, as approved by DOL.
380:50-3-3. Supremacy of conflicting requirements
In case of any conflict between this Chapter, adopted standards, or owner's specifications, the most stringent shall apply.
SUBCHAPTER 4.
PROJECT DESIGN REQUIREMENTS
Section.
380:50-4-1.
General requirements
380:50-4-2.
AHERA project design requirements
380:50-4-3.
Non-AHERA project design requirements
380:50-4-4.
O&M project design requirements
380:50-4-1. General requirements
(a)
No asbestos abatement may begin until a project design for that project, if required, has been approved by DOL.
(b)
Project designs shall contain at a minimum:
(1)
A statement that DOL Abatement of Friable Asbestos Materials Rules apply.
(2)
Sequencing and phasing of work.
(3)
Identification of means of egress, a fire protection plan and a diagram for emergency escape routes, and fire extinguisher placements.
(4)
The quantity, type, percentage with bulk analysis unless presumed and a diagramed location of asbestos materials to be abated.
(5)
Abatement methods, and techniques, and numbers of containments, glovebags or mini-containments.
(6)
Details of personal and area air monitoring samples.
(7)
Numbers and locations of Clean Test samples and type of analysis to be employed.
(8)
Numbers, capacities, a diagram to identify the locations, and discharge points, if any, of negative air machines.
(9)
Details of the project containment(s), glovebag or mini-containments, including drawings. Details shall include all applicable subchapters of the Oklahoma Asbestos Control Act, including but not limited to scaffolding requirements and live electric isolation.
(10)
Details of the decontamination system(s).
(11)
The extent to which asbestos-contaminated soils, if any, must be removed, and the sampling methods of determining the efficacy of such removal.
(12)
Special materials or methods required to protect objects in the work area should be detailed, (e.g., plywood over carpeting or hardwood floors to prevent damage from scaffolds and falling material.
(13)
Any variances from the Abatement of Friable Asbestos Materials Rules.
(c)
Project designs for enclosure or encapsulation may provide for alternate methods to section 380:50-17-4, with the approval for such alternate methods at the discretion of DOL.
(d)
Project designs for industrial sites may be generally performance based specifications, subject to approval by DOL.
380:50-4-2. AHERA project design requirements
Any abatement or response action that takes place in a school which falls under the AHERA regulations, other than small scale-short duration projects, shall have been designed by a licensed Project Designer.
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380:50-4-3. Non-AHERA project design requirements
Any abatement that takes place in an area not under the AHERA regulations other than small-scale short duration (SSSD) activities, shall have been designed by a licensed project designer.
380:50-4-4. O&M project design requirements.
Any O&M program to be utilized under Subchapter 380:50-14 of these rules, shall have been approved by a licensed project designer.
SUBCHAPTER 5.
CONTRACTOR, SUPERVISOR, AND WORKER
LICENSING AND REQUIREMENTS
Section.
380:50-5-5. Licensing of asbestos abatement contractors
380:50-5-6. Licensing of operation and maintenance (O&M)
contractors 380:50-5-7. Licensing of operation and maintenance (O&M)
workers 380:50-5-8. Licensing of asbestos abatement supervisors 380:50-5-9. Licensing of asbestos abatement workers 380:50-5-10. Licensing of AHERA asbestos inspectors 380:50-5-11. Licensing of AHERA asbestos management
planners 380:50-5-12. Licensing of AHERA project designers
380:50-5-5. Licensing of asbestos abatement contractors
Licensing requirements for asbestos abatement contractors are as follows:
(1)
Applications shall be submitted on forms prescribed by the Commissioner. Submission of such application shall include a non-refundable one thousand dollar ($1,000.00) processing fee.
(2)
After the statutory one hundred twenty (120) day waiting period, if a contractor's application is accepted, the contractor will be notified by the Commissioner and required to submit at that time the five hundred dollar ($500.00) license fee.
(3)
The applicant shall designate a minimum of one, or a maximum of two, responsible parties to be named on the license. Such responsible parties shall have and maintain the training credentials required for licensing. Documentation of satisfactory completion of the required training and all subsequent refresher training shall accompany the application.
(A)
In the absence of such responsible party in the employee of the contractor, the contractor will not be allowed to perform asbestos abatement work in the State of Oklahoma.
(B)
The responsible party shall have successfully completed and shall have documentation provided for not fewer than two (2) asbestos training courses. One such course shall be an asbestos abatement supervisor's course which fully meets the requirements of Section 380:50-6-3 and 380:50-6-8. The Commissioner shall maintain updated lists of additional training courses acceptable for licensing.
(C)
Responsible parties may be changed or added to the license at any time, by paying a fee of fifty dollars
($50.00) per change or addition. Documentation of satisfactory completion of required training and all applicable subsequent re fresher training shall be submitted.
(4)
Prior to issuance of the license, the contractor must have a respirator program meeting all requirements of OSHA or DOL, whichever is most stringent.
(5)
Licenses shall be issued for a period of one year.
(6)
No contractor may perform any asbestos abatement after expiration of the license.
(7)
If a contractor allows the license to lapse for more than thirty (30) days, the license may not be renewed, and licensing will be permitted only after meeting all requirements for a new license, including the one hundred twenty (120) day waiting period.
(8)
License applicants must be of good character. Conviction for a felony by an applicant, if a proprietor or partner; by an officer, if a corporation; or by a responsible party, shall be grounds for denial of, or revocation of, a contractor's license.
(9)
The Commissioner may refuse to issue an asbestos abatement contractor's license to any applicant, if there are records of Notice of Violation (NOV) of NESHAP regulations by the applicant, or any principal, partner, or officer of the applicant's firm or associated firms, as maintained by EPA.
380:50-5-6. Licensing of operation and maintenance (O&M) contractors
Licensing requirements for asbestos abatement operation and maintenance (O&M) contractors are as follows:
(1)
A special, restricted contractor's license may be issued to a facility owner for performance of asbestos abatement for O&M purposes only. Any such asbestos abatement activity performed under an O&M license shall be limited to the scope of work described in a site-specific operations and maintenance program approved by, and at the discretion of the Commissioner.
(2)
The one thousand dollar ($1,000.00) processing fee shall not apply in the case of an O&M license application.
(3)
The applicant shall designate one responsible party to be named on the license.
(A)
The responsible party shall have and maintain the training credentials required for licensing. Documentation of satisfactory completion of the required training and all subsequent refresher training shall accompany the application.
(B)
In the absence a responsible party in the employee of the contractor, the contractor will not be allowed to perform asbestos abatement work in the State of Oklahoma.
(C)
The responsible party shall have successfully completed and shall have documentation provided for an asbestos abatement supervisor's course which fully meets the requirements of Section 380:50-6-3 and 380:50-6-8.
(D)
Responsible parties may be changed or added to the license at any time, by paying a fee of fifty dollars ($50.00) per change or addition. Documentation of satisfactory completion of required training and all applicable subsequent refresher training shall be submitted.
Page 10
(E) Responsible parties shall be issued, at no charge, a DOL identification card, which must be available at the job site for inspection by the Department of Labor.
(4)
Prior to issuance of the license, the contractor must have a respirator program meeting all requirements of OSHA or DOL, whichever is most stringent.
(5)
Licenses shall be issued for a period one year. No asbestos abatement will be permitted after the expiration of a contractor's O&M license.
380:50-5-7. Licensing of operation and maintenance (O&M) workers Licensing requirements for operation and maintenance (O&M) workers are as follows.
(1)
Applications shall be submitted on forms prescribed by the Commissioner.
(2)
The license fee shall be twenty five dollars ($25.00) per year.
(3)
The license shall be issued for a period not to exceed one year and shall expire concurrently with the asbestos training and subsequent refresher training. There will be no grace period wherein a worker will be allowed to work with an expired license.
(4)
Any worker who has not taken the required refresher course within two years of the previous asbestos worker training or refresher course, shall repeat the asbestos worker training requirements of Section 380:50-6-2 and 380:50-6-7.
(5)
O&M workers shall have successfully completed and shall provide documentation for an asbestos abatement worker's course and all subsequent worker refresher courses which fully meet the requirements of Section 380:50-6-2 and 380:50-6-7, except O&M workers who perform only small scale, short duration activities may be licensed as O&M workers by completion of an approved O&M course.
(6)
The licenses shall be issued in the name of the individual applicant and shall be valid only when working for a licensed contractor.
(7)
License cards shall be available at the job site for inspection by the Department of Labor.
380:50-5-8. Licensing of asbestos abatement supervisors
Licensing requirements for asbestos abatement supervisors are as follows:
(1)
Applications shall be submitted on forms prescribed by the Commissioner.
(2)
The license fee shall be twenty five dollars ($25.00) per year.
(3)
The license shall be issued for a period not to exceed one year and shall expire concurrently with the asbestos training and subsequent refresher training. There will be no grace period wherein a supervisor will be allowed to work with an expired license.
(4)
Asbestos abatement supervisors shall have successfully completed and shall provide documentation for:
(A) an asbestos abatement supervisor's course and all subsequent supervisor refresher training which fully meets the requirements of Section 380:50-6-3 and 380:50-6-8.
(B)
a two day, or equivalent, course in con fined space entry following the NIOSH curriculum in confined space entry.
(C)
the NIOSH 582 course in Analysis of Airborne Asbestos Dust, or equivalent, or a minimum of a two day course in air monitoring techniques.
(D)
current cardiopulmonary resuscitation (CPR) training, which may be provided by The National Heart Association, The American Red Cross, or other approved training provider.
(E)
current first aid training, which may be provided by the American Red Cross, or other approved training provider.
(F)
six (6) months experience as an asbestos abatement worker on job sites that have been inspected by DOL, including a minimum of six (6) different abatement projects or containments, or one year experience as an asbestos abatement worker and six months as an asbestos abatement supervisor on projects which have not been inspected by DOL.
(5)
Licenses shall be issued in the name of the applicant and shall be valid only when working for a licensed contractor.
(6)
License cards shall be available at the job site for inspection by the Department of Labor.
380:50-5-9. Licensing of asbestos abatement workers
Licensing requirements for asbestos abatement workers are as follows:
(1)
Applications shall be submitted on forms prescribed by the Commissioner.
(2)
The license fee shall be twenty five dollars ($25.00) per year.
(3)
The license shall be issued for a period not to exceed one year and shall expire concurrently with the asbestos training and subsequent refresher training. There will be no grace period wherein a worker will be allowed to work with an expired license.
(4)
Any worker who has not taken the required refresher course within two years of the previous asbestos worker training or refresher course, shall repeat the asbestos worker training requirements of Section 380:50-6-2 and 380:50-6-7.
(5)
Asbestos abatement workers shall have successfully completed and shall provide documentation for an asbestos abatement worker's course and all subsequent worker refresher training which fully meets the requirements of Section 380:50­6-
2 and 380:50-6-7.
(6)
The licenses shall be issued in the name of the individual applicant and shall be valid only when working for a licensed contractor.
(7)
License cards shall be available at the job site for inspection by the Department of Labor.
380:50-5-10. Licensing of AHERA asbestos inspectors Licensing requirements for AHERA asbestos inspectors are as follows:
(1) Inspection for asbestos-containing materials in any facility under the jurisdiction of Title 40, Sections 450 through 456 shall be performed only by persons who are licensed as AHERA inspectors by the Oklahoma Department of Labor.
Page 11
(2)
AHERA inspectors shall be licensed as a special category of asbestos worker and shall have completed a 24-class-hour course for AHERA Inspectors and all subsequent asbestos inspector refresher training which fully meet the requirements of Sections 380:50-6-4 and 380:50-6-9.
(3)
Applications shall be submitted on forms prescribed by the Commissioner.
(4)
The license fee shall be twenty five dollars ($25.00) per year.
(5)
The license shall be issued in the name of the individual applicant.
(6)
The license shall be issued for a period not to exceed one year and shall expire concurrently with the asbestos training and subsequent refresher training. There will be no grace period wherein an inspector will be allowed to work with an expired license.
(7)
Any inspector who has not taken the required AHERA inspector refresher training course within two years of the previous Inspector training or refresher course, shall repeat the AHERA inspector training requirements of Section 380:50-6-4 and 380:50-6-9.
(8)
License cards shall be available at the job site for inspection by the Department of Labor.
380:50-5-11. Licensing of AHERA asbestos management planners Licensing requirements for AHERA asbestos management planners are as follows:
(1)
Preparation of management plans specifying response actions for asbestos-containing materials in any facility under the jurisdiction of Title 40, Sections 450 through 456 shall be performed only by persons who are licensed as AHERA management planners by the Oklahoma Department of Labor.
(2)
AHERA Management Planners shall be licensed as a special category of asbestos contractor, shall have a bachelor's degree in a technical subject, or equivalent, and, in addition to the AHERA Inspector training outlined in Section 380:50-5­10(
2), shall have completed a 16-hour course for AHERA Asbestos Management Planners which fully meets the requirements of Section 380:50-6-5 and 380:50-6-10.
(3)
Applications shall be submitted on forms prescribed by the Commissioner.
(4)
The license fee shall be five hundred dollars ($500.00) per year. If the applicant holds a current AHERA project designer license, there shall be no additional fee charged.
(5)
The license shall be issued in the name of the individual applicant.
(6)
The license shall be issued for a period not to exceed one year and shall expire concurrently with the initial management planner training and subsequent management planner refresher training.
(7)
Any management planner who has not taken the required AHERA management planner refresher training course within two years of the previous management planner training or refresher course, shall repeat the AHERA inspector training requirements of Section 380:50-6-4 and 380:50-6-9.
380:50-5-12. Licensing of AHERA project designers Licensing requirements for AHERA project designers are as follows:
(1)
Preparation of plans and/or specifications for response actions for asbestos-containing materials in any facility under the jurisdiction of Title 40, Sections 450 through 456 shall be performed only by persons who are licensed as AHERA project designers by the Oklahoma Department of Labor.
(2)
AHERA project designers shall have met all requirements for accreditation for asbestos abatement contractor or project designer, and in addition, shall have a bachelor's or advanced degree in architecture, engineering, or industrial hygiene, or an equivalent combination of education, training, and experience as determined by the Commissioner.
(3)
Applications shall be submitted on forms prescribed by the Commissioner.
(4)
The license fee shall be five hundred dollars ($500.00) per year. If the applicant holds a current AHERA management planner license, there shall be no additional fee charged.
(5)
The license shall be issued in the name of the individual applicant.
(6)
The license shall be issued for a period not to exceed one year and shall expire concurrently with the initial asbestos contractor or project designer training and subsequent projector designer refresher training. There will be no grace period wherein a project designer will be allowed to work with an expired license.
(7)
Any project designer who has not taken the required AHERA project designer refresher training course within two years of the previous initial contractor or project designer training or project designer refresher course, shall repeat the initial project designer training requirements of Section 380:50­6-
6 and 380:50-6-11.
SUBCHAPTER 6.
TRAINING REQUIREMENTS
Section.
380:50-6-1.
Applicability
380:50-6-2.
Initial training for asbestos workers
380:50-6-3.
Initial training for asbestos contractors and
supervisors
380:50-6-4.
Initial training for asbestos inspectors
380:50-6-5.
Initial training for asbestos management planners
380:50-6-6.
Initial training for asbestos project designers
380:50-6-7.
Examinations for asbestos workers
380:50-6-8.
Examinations for asbestos supervisors
380:50-6-9.
Examinations for asbestos inspectors
380:50-6-10.
Examinations for asbestos management planners
380:50-6-11.
Examinations for asbestos project designers
380:50-6-12.
Refresher training
380:50-6-13.
Approval of asbestos training courses
380:50-6-14.
Reciprocity
380:50-6-15.
Foreign language courses
380:50-6-16.
Recordkeeping requirements
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380:50-6-1. Applicability
The Oklahoma Accreditation Plan (OAP) specifies separate accreditation requirements for Inspectors, Management Planners, Project Designers, Contractor/ Supervisors and Abatement Workers. A person must be accredited as a worker who engages in response actions, or performing a task within an asbestos containment in which direct contact with asbestos is likely. A contractor, whether public or private entity, engaging in response actions must be accredited. A person must be accredited who supervises any activity with respect to response actions. All persons who inspect for ACBM in schools or public and commercial buildings must be accredited. All persons who prepare management plans for asbestos containing materials in any facility under the jurisdiction of Title 40, Sections 450 through 456 shall be accredited. All persons who prepare plans, specifications, and/or project designs for response actions for asbestos containing materials in any facility under the jurisdiction of Title 40, Sections 450 through 456 shall be accredited. The Oklahoma Rules for the Abatement of Friable Materials has provisions for all levels of licensure covered under this OAP. In addition to the requirements of this section, the licensing provisions in Subchapter 5 apply to all persons, except those covered under the industrial exemption of 380:50-27-1.
380:50-6-2. Initial training for asbestos workers
(a)
In the State of Oklahoma, anyone seeking accreditation or licensure from the Department of Labor, must obtain their training from an EPA or DOL accredited educational institution, labor union, or government agency, or from a private vocational education provider licensed by the state where it operates (pursuant to 70 O.S.§ 21-103 within the state of Oklahoma) and accredited by EPA or an EPA approved governmental agency.
(b)
Such institutions, labor unions or government agencies may receive their DOL accreditation through the Oklahoma Accreditation Plan providing the following criteria are met:
(1)
The training for asbestos abatement worker shall be specific to the discipline and shall not be combined with training for any other discipline.
(2)
The Worker's course shall be no less than four days in length and shall include: lectures, demonstrations, at least 14 hours of hands-on training, individual respirator fit testing, course review and an examination. Hands on training must permit workers to have actual experience performing tasks associated with asbestos abatement. The OAP also recommends the use of audio-visual materials to complement lectures, where appropriate. One day of training equals 8 hours, including breaks and lunch.
(3)
Course instruction must be provided by EPA or State approved instructors. EPA or State approval shall be based on a review of the instructor's academic credentials and/or field experience in asbestos abatement.
(4)
The training course for Asbestos Abatement Worker shall adequately address the following topics:
(A)
Physical characteristics of asbestos. Identification of asbestos, aerodynamic characteristics, typical uses, and physical appearance, and a summary of abatement control options.
(B)
Potential health effects related to asbestos-exposure. The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of
safe exposure levels; the synergistic effect between cigarette smoking and asbestos exposure; the latency periods for asbestos related diseases; a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma and cancers of other organs.
(C)
Employee personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection; donning, use, maintenance and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative pressure fit checks; qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g.,facial hair, etc.); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage and handling of non-disposable clothing; regulations covering personal protective equipment.
(D)
State-of-the-art work practices. Proper work practices for asbestos abatement activities, including descriptions of proper construction; maintenance of barriers and decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper work techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust equipment; use of high-efficiency particulate air (HEPA) vacuums; proper clean­up,
load-out and disposal procedures; work practices for removal, encapsulation, enclosure, and repair of ACM; emergency procedures for sudden releases; potential exposure situations; transport and disposal procedures and recommended and prohibited work practices.
(E)
Personal hygiene. Entry and exit procedures for the work area; use of showers; avoidance of eating, drinking, smoking, chewing gum or tobacco, or applying cosmetics in the work area; and potential exposures, such as family exposures.
(F)
Additional safety hazards. Hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat/cold stress, air contaminants other than asbestos, fire and explosion hazards, scaffolds and ladder hazards, slips, trips and falls and confined spaces.
(G)
Medical monitoring. OSHA Rule requirements for physical examinations, including a pulmonary function test, chest X-rays, and a medical history for each employee.
(H)
Air monitoring. Procedures to determine airborne concentrations of asbestos fibers, focusing on how personal air sampling is performed and the reasons for it.
(I)
Relevant Federal, State and Local regulatory requirements, procedures and standards. With particular attention directed at relevant EPA, OSHA and Oklahoma Regulations concerning Asbestos Abatement Workers.
(J)
Establishment of respiratory protection programs.
(K)
Course review. A review of key aspects of the training course.
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380:50-6-3. Initial training for asbestos contractors and supervisors
(a)
In the State of Oklahoma, anyone seeking accreditation or licensure from the Department of Labor, must obtain their training from an EPA or DOL accredited, educational institution, labor union, or government agency, or from a private vocational education provider licensed by the state where it operates (pursuant to 70 O.S.§ 21-103 within the state of Oklahoma) and accredited by EPA or an EPA approved governmental agency.
(b)
Such institutions, labor unions or government agencies may receive their DOL approval through the Oklahoma Accreditation Plan providing the following criteria are met:
(1)
The training for asbestos contractor/supervisor shall be specific to the discipline and shall not be combined with training for any other discipline.
(2)
The contractors/supervisor's course shall be no less than five days in length and shall include: lectures, demonstrations, at least 14 hours of hands-on training, individual respirator fit testing, course review and an written examination. Hands on training must permit Contractor/ Supervisors to have actual experience performing tasks associated with asbestos abatement. The OAP also recommends the use of audio-visual materials to complement lectures, where appropriate. One day of training equals 8 hours, including breaks and lunch.
(3)
Course instruction must be provided by EPA or State approved instructors. EPA or State approval shall be based on a review of the instructor's academic credentials and/or field experience in asbestos abatement.
(4)
The training course for Contractor/Supervisor's shall adequately address the following topics:
(A)
Physical characteristics of asbestos. Identification of asbestos, aerodynamic characteristics, typical uses, and physical appearance; review of hazard assessment considerations and a summary of abatement control options.
(B)
Potential health effects related to asbestos-exposure. The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of safe exposure levels; the synergistic effect between cigarette smoking and asbestos exposure; the latency periods for asbestos related diseases; and a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma and cancers of other organs.
(C)
Employee personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection, donning, use, maintenance and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative pressure fit check; qualitative and quantitative fit testing procedures; variability between field and laboratory protection factors that alter respiratory fit (e.g.,facial hair, etc.); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage and handling of non-disposable clothing; regulations covering personal protective equipment.
(D)
State-of-the-art work practices. Proper work practices for asbestos abatement activities, including
descriptions of proper construction and maintenance of barriers and decontamination enclosure systems; positioning of warning signs; lock-out of electrical and ventilation systems; proper work techniques for minimizing fiber release; use of wet methods; use of negative pressure exhaust ventilation equipment; (HEPA) vacuums; proper clean-up, load-out and disposal procedures; work practices for removal, encapsulation, enclosure, and repair of ACM; emergency procedures for sudden releases; potential exposure situations; transport and disposal procedures and recommended and prohibited work practices.
(E)
Personalhygiene. Entryandexitproceduresforthe work area; use of showers; avoidance of eating, drinking, smoking, chewing gum or tobacco, or applying cosmetics in the work area. Potential exposures, such as a family exposure, shall also be included.
(F)
Additional safety hazards. Hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat/cold stress, air contaminants other than asbestos, fire and explosion hazards, scaffolds and ladder hazards, slips, trips and falls and confined spaces.
(G)
Medical monitoring. OSHA Protection Rule requirements for physical examinations, including a pulmonary function test, chest X-rays, and a medical history for each employee.
(H)
Air monitoring. Procedures to determine airborne concentrations ofasbestos fibers, including description of aggressive air sampling, sampling equipment and methods, reasons for air monitoring, types of sampling and interpretation of results.
(I)
Relevant Federal, State and local regulatory requirements and standards, including: requirements of TSCA Title II; requirements of NESHAP (40 CFR Part 61), Subpart A (General Provisions) and M (National Emission Standard for Asbestos); OSHA standards for permissible exposure levels and respiratory protection; Oklahoma Requirements for permissible exposure levels; OSHA Asbestos Construction Standards.
(J)
Respiratory Protection Programs and Medical Monitoring Programs.
(K)
Insurance and Liability issues and Contractor issues. Workers' compensation coverage and exclusions; third party liability and defenses, insurance coverage and exclusions; environmental impairment insurance.
(L)
Record keeping for asbestos abatement projects. Records required byFederal, State and Local regulations; records recommended for legal purposes.
(M)
Supervisory techniques for asbestos abatement activities. Supervisory practices to enforce and reinforce the required work practices and discourage unsafe work practices.
(N)
Contract specifications. Discussions of key elements that are included in contract specifications.
(O)
Course review. A review of key aspects of the training course.
Page 14
(c) In addition to the five day contractor/supervisor's course, anyone seeking licensure from the State of Oklahoma will be required to show current certification of the following additional training:
(1)
Cardio-Pulmonary Resuscitation from the American Heart Association, American Red Cross or other DOL approved provider.
(2)
First Aid from the American Heart Association, American Red Cross or other DOL approved provider.
(3)
NIOSH 582 or equivalent or a two day course in air monitoring practices.
(4)
OSHA Confined Space.
(5)
Six months of experience on projects inspected by the DOL, including a minimum of six (6) different abatement projects or containments or one year of experience as an asbestos worker and six months as an asbestos supervisor on projects which have not been inspected by the DOL.
380:50-6-4. Initial training for asbestos inspectors
(a)
In the State of Oklahoma, anyone seeking accreditation or licensure from the Department of Labor must obtain their training from an EPA or DOL accredited, educational institution, labor union, or government agency, or from a private vocational education provider licensed by the state where it operates (pursuant to 70 O.S.§ 21-103 within the state of Oklahoma) and accredited by EPA or an EPA approved governmental agency.
(b)
Such institutions, labor unions or government agencies may receive their DOL accreditation through the Oklahoma Accreditation Plan providing the following criteria are met:
(1)
The training for AHERA Inspectors shall be specific to the discipline and shall not be combined with training for any other discipline.
(2)
The AHERA Inspector's course shall be no less than three days in length and shall include: lectures, demonstrations, and at least 4 hours of hands-on training, individual respirator fittesting,coursereviewandanwrittenexamination. Hands-on training should include conducting a simulated building walk­through
inspection and respirator fit testing. The OAP also recommends the use of audio-visual materials to complement lectures, where appropriate. One day of training equals 8 hours, including breaks and lunch.
(3)
Course instruction must be provided by EPA or State approved instructors. EPA or State approval shall be based on a review of the instructor's academic credentials and/or field experience in asbestos abatement.
(4)
The training course for AHERA Inspectors shall adequately address the following topics:
(A)
Background information on asbestos. Identification of asbestos and example and discussions of the uses and locations of asbestos in buildings; physical appearance of asbestos.
(B)
Potential health effects related to asbestos-exposure. The nature of asbestos-related diseases; routes of exposure; dose-response relationships and the lack of safe exposure levels; the synergistic effect between cigarette smoking and asbestos exposure; the latency periods for asbestos related diseases; a discussion of the relationship of asbestos exposure to asbestosis, lung cancer, mesothelioma and cancers of other organs.
(C)
Functions/qualifications and role of inspectors. Discussions of prior experience and qualifications for inspectors and management planners; discussions of the functions of an accredited Inspector as compared to those of an accredited management planner; discussion of the inspection process including inventory of ACM and physical assessment.
(D)
Legal liabilities and defenses. Responsibilities of the Inspector and Management Planner; a discussion of comprehensive general liability policies, claims-made and occurrence policies, environmental and pollution liability possibility clauses; state liability insurance requirements; bonding and the relationship of insurance availability to bond availability.
(E)
Understanding building systems. The interrelationship between building systems, including: an overview of common building plan layout; heat, ventilation and air conditioning (HVAC) system types, physical organization and where to look for asbestos on such systems; inspecting electrical systems including appropriate safety precautions.
(F)
Public/employee/building occupant relations. Notifying employee organizations about the inspections; signs to warn building occupants; tact in dealing with occupants and the press; scheduling of inspections to minimize disruptions; and education of building occupants about actions being taken.
(G)
Pre-inspection planning and review of previous inspection records. Scheduling the inspection and obtaining access; building record review; identification of probable homogeneous areas from blueprints or as-built drawings; consultations with maintenance or building personnel; review of previous inspection, sampling and abatement records of a building; the role of the Inspector in exclusions for previously performed inspections.
(H)
Inspecting for friable and non-friable ACM and assessing the condition of friable ACM. Procedures to following in conducting visual inspections for friable and non-friable ACM; types of building materials that may contain asbestos; touching materials to determine friability; open return air plenums and their importance in HVAC systems; accessing damage, significant damage and potential significant damage; amount of suspected ACM, both in total quantity and as a percentage of the total area; type of damage; accessibility; material's potential for disturbance; known or suspected causes of damage or significant damage; and deterioration as assessment factor.
(I)
Bulksampling/documentationofasbestos.Detailed discussion of the “Simplified Sampling Scheme for Friable Surfacing Materials (EPA 560/5-85030a October 1985)”; techniques to ensure sampling in a randomly distributed manner for other than friable surfacing materials; sampling of non-friable materials; techniques for bulk sampling; Inspector's sampling and repair equipment; patching or repair of damage from sampling; discussion of polarized light microscopy; choosing an accredited laboratory to analyze bulk samples; quality
Page 15
control and quality assurance procedures; EPA's recommendation that all bulk samples collected from school or public and commercial buildings be analyzed by laboratory accredited under the NVLAP administered by NIST.
(J)
Inspector respiratory protection and personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection, donning, use, maintenance and storage procedures for respirators; methods for field testing of the facepiece-to-face seal (positive and negative pressure fit checks); qualitative and quantitative fit testing; variability between field and laboratory protection factors that alter respiratory fit (e.g., facial hair, etc.); the components of a proper respiratory protection program; selection and use of personal protective equipment; selection and use of personal protective clothing; use storage and handling of non-disposable clothing.
(K)
Recordkeeping and writing the inspection report. Labeling of samples and keying sample identification to sampling location; recommendations on sample labeling; detailing of ACM inventory; photographs of selected sampling areas and samples of ACM condition; information required for including in the management plan required for school buildings under TSCA Title II, Section 203(i)(1).
(L)
Regulatory review. The following topic should be covered: NESHAP, (40CFR part 61 Subparts A and M); EPA Worker Protection Rule; OSHA Construction Industry Standard; OSHA Respiratory Protection Requirements; AHERA; applicable Oklahoma Rules; and the differences between state and federal rules.
(M)
Field trip. This includes a field exercise, including a walk-through inspection; on-site discussion about information gathering and the determination of sampling locations; on-site practice in physical assessment; classroom discussion or field exercise.
(N)
Course review. A review of key aspects of the training course.
380:50-6-5. Initial training for asbestos management planners
(a)
In the State of Oklahoma, anyone seeking accreditation or licensure from the Department of Labor, must obtain their training froman EPA or DOL accredited, educational institution, labor union, or government agency, or from a private vocational education provider licensed by the state where it operates (pursuant to 70 O.S.§ 21-103 within the state of Oklahoma) and approved by EPA or an EPA approved governmental agency.
(b)
Such institutions, labor unions, or government agencies may receive their DOL accreditation through the Oklahoma Accreditation Program providing the following criteria are met:
(1)
The training for AHERA Management Planners shall be specific to the discipline and shall not be combined with training for any other discipline.
(2)
The AHERA Management Planner's course shall be no less than two days in length and shall include lectures,
demonstrations, course review and a written examination. The OAP also recommends the use of audio-visual materials to complement lectures, where appropriate. One day of training equals 8 hours, including breaks and lunch.
(3)
All persons seeking accreditation as a management planner shall complete a three-day Inspector training course and accreditation, as a prerequisite to the two-day management planners course.
(4)
Course instruction must be provided by EPA or State Approved instructors. EPA or State Instructor approval shall be based on a review of the instructor's academic credentials and/or field experience in asbestos abatement.
(5)
The training course for AHERA Management Planners shall adequately address the following:
(A)
Course overview. The role and responsibilities of the management planner, operations and maintenance programs, setting work priorities, protection of building occupants.
(B)
Evaluation /interpretation of survey results. Review of TSCA Title II requirements for inspection and management plans for school buildings as given in section 203(i) (1) of TSCA Title 11; interpretation of field data and laboratory results; comparison of field inspector’s data sheet with laboratory results and site survey.
(C)
Hazard assessment. Amplification of the difference between physical assessment and hazard assessment; the role of the management planner of the management planner in hazard assessment; explanation of significant damage, damage, potential damage, and potential significant damage; use of a description {or decision tree} code for assessment of ACM; relationships of accessibility, vibration sources, use of adjoining space, and air plenums and other factors to hazard assessment.
(D)
Legal Implications. Liability; insurance issues specific to planners; liabilities associated with interim control measures, in-house maintenance, repair, and removal, use of results from previously performed inspections.
(E)
Overview of abatement construction projects. Abatement as a portion of a renovation project; OSHA requirements for notification of other contractors on a multi-employer site (29 CFR 1926.1101).
(F)
Evaluation and selection of control options. Overviewof encapsulation, enclosure, interimoperations and maintenance, and removal; advantages and disadvantages of each method, response actions described via a decision tree or other appropriate method work practice for each response action, staging and prioritizing of work in both vacant and occupied buildings; the need for containment barriers and decontamination in response actions.
(G)
Role of other professionals. Use of industrial hygienists, engineering and architects in developing technical specifications for response actions; any requiring that may exist for architect sign-off of plans; team approach to designs of high-quality job specifications.
Page 16
(H)
Developing an operations and maintenance (O&M) plan. Purpose of the plan; discussion of applicable EPA guidance documents; what actions should be taken by custodial staff; proper cleaning procedures, steam cleaning and HEPA vacuuming; reducing disturbance of ACM; scheduling O&M for off-hours; rescheduling or canceling renovation in areas with ACM; boiler room maintenance; disposal of ACM; in-house procedures for ACM bridging and penetrating encapsulants; pipe fittings; metal sleeves; polyvinyl chloride (PVC), canvas and wet wraps; muslin with straps, fiber mesh cloth; mineral wool and insulating cement; discussion of employee protection programs and staff training; case study in developing an O&M plan (development, implementation process, and problems that have been experienced).
(I)
Regulatory review. Focusing on the OSHA Asbestos Construction Standard, the NESHAP, the EPA Worker Protection Rule and applicable State regulations.
(J)
Recordkeeping for the management planner. Use of field Inspector's data sheet along with laboratory results; on-going record keeping as a means to track asbestos disturbance; procedures for record keeping.
(K)
Assembling and submitting the management plan. Plan requires for schools in TSCA Title II section 203(i)(1); the management plan as a planning tool.
(L)
Financing abatement actions. Economic analysis and cost estimates; development of cost estimates; present costs of abatement versus future operations and maintenance costs; Asbestos Hazard School Abatement Act grants and loans.
(M)
Course review. A review of key aspects of the training course.
(6) In addition to the training required for an AHERA Management Planner, persons seeking licensure in the state of Oklahoma shall also have a minimum of a bachelor's degree in engineering, industrial hygiene or other advanced fields, or an equivalent combination of experience, education and training as determined by the Commissioner of Labor.
380:50-6-6. Initial training for asbestos project designers
(a)
In the State of Oklahoma, anyone seeking accreditation or licensure from the Department of Labor, must obtain their training from an EPA or DOL approved educational institution, labor union, or government agency, or from a private vocational education provider licensed by the state where it operates (pursuant to 70 O.S.§ 21-103 within the state of Oklahoma) and accredited by EPA or an EPA approved governmental agency.
(b)
Such institutions, labor unions, or government agencies, may receive their DOL accreditation through the Oklahoma Accreditation Plan providing the following criteria are met
(1)
The training for AHERA Project Designers shall be specific to the discipline and shall not be combined with training for any other discipline.
(2)
The AHERA Project Designer's course shall be no less than three days in length and shall include: lectures, demonstrations, a field trip, course review and a written examination. The OAP also recommends the use of audio­visual
materials to complement lectures, where appropriate. One day of training equals 8 hours, including breaks and lunch.
(3)
Course instruction must be provided by EPA or State approved instructors. EPA or State Instructor approval shall be based on a review of the instructor’s academic credentials and/or field experience in asbestos abatement.
(4)
The training course for AHERA Project Designer shall adequately address the following topics:
(A)
Background information. Identification of asbestos; examples and discussion of the uses and locations of asbestos in buildings; physical appearance of asbestos.
(B)
Potential health effects related to asbestos exposure. Nature of asbestos-related disease; routes of exposure; dose-response relationships and the lack of a safe exposure level; the synergistic effect between cigarette smoking and asbestos exposure; the latency period of asbestos-related diseases; a discussion of the relationship between asbestos exposure and asbestosis, lung cancer, mesothelioma and cancers of other organs.
(C)
Overview of abatement construction projects. Abatement as a portion of a renovation project; OSHA requirements for notification of other contractors on a multi-employer site.
(D)
Safety system design specifications. Design, construction and maintenance ofcontainment barriers and decontamination enclosure systems; positioning of warning signs; electrical and ventilation system lock-out; proper working techniques for minimizing fiber release; entry and exit procedures for the work area; use of wet methods; proper techniques for initial cleaning use of negative-pressure exhaust ventilation equipment; use of HEPA vacuums; proper clean-up and disposal of asbestos; work practice as they apply to encapsulation, enclosure and repair; use of glovebags and a demonstration of glovebag use.
(E)
Field Trip. A visit to an abatement site or other suitable building site, including on site discussions of abatement design and building walk-through inspection. Include discussion of rationale for the concept of functional spaces during the walk-through.
(F)
Employee personal protective equipment. Classes and characteristics of respirator types; limitations of respirators; proper selection, inspection, donning, use, maintenance and storage procedures for respirators, methods of field testing of the facepiece-to-face seal (positive and negative pressure fit checks); qualitative and quantitative fit testing procedures; variability between field and laboratory fit (e.g., facial hair, etc.); the components of a proper respiratory protection program; selection and use of personal protective clothing; use, storage and handling of non-disposable clothing.
(G)
Additional safety hazards. Hazards encountered during abatement activities and how to deal with them, including electrical hazards, heat stress, air contaminants other than asbestos, fire and explosion hazards.
(H)
Fiber aerodynamic and control. Aerodynamic characteristics of asbestos fibers; importance of proper
Page 17
containment barriers; settling time for asbestos fibers; wet methods in abatement; aggressive air monitoring following abatement; aggressive air movement and negative pressure exhaust ventilation as a clean-up method.
(I)
Designing abatement solutions. Discussions of removal, enclosure, and encapsulation methods; asbestos waste disposal.
(J)
Final clearance process. Discussion of the need for written sampling rationale for aggressive final air clearance; requirements of a complete visual inspection; and the relationship of the visual inspection to final air clearance.
(K)
Budgeting/cost estimating. Developing of cost estimates; present costs of abatement versus future operation and maintenance costs; setting priorities for abatement jobs to reduce costs.
(L)
Writing abatement specifications. Preparation of and need for a written project design; means and methods specifications versus performance specifications; design of abatement in occupied buildings; modifications of guide specifications for a particular building; Worker and building occupant health/medical considerations; replacement of ACM with non-asbestos substitutes.
(M)
Preparing abatement drawings. Significance and need for drawings; use of as-built drawings as base drawings; use of inspection photographs and on-site reports; methods ofpreparing abatement reports; methods of preparing abatement drawings; diagraming containment barriers; relationship of drawings to design specifications; particular problems related to abatement drawings.
(N)
Contract preparation and administration.
(O)
Legal/liabilities/defenses. Insurance considerations; bonding; hold-harmless clauses; use of abatement contractor's liability insurance; claims-made versus occurrence policies.
(P)
Replacement. Replacement of asbestos with asbestos-free substitutes.
(Q)
Role of other consultants. Development of technical specifications sections by industrial hygienists or engineering; the multi-disciplinary team approach to abatement design.
(R)
Occupied buildings. Special design procedures required in occupied buildings; education of occupants; extra monitoring recommendations; staging of work to minimize occupant exposure; scheduling of renovation to minimize exposure.
(S)
Relevant State, Federal and local regulatory requirements, procedures and standards. Including but not limited to: TSCA Title II, NESHAP, OSHA Respirator Standard, EPA Worker Protection Rule, Oklahoma Rules for the Abatement of Friable Materials, OSHA Asbestos Construction Standards, Hazard Communications Standards, etc.
(T)
Course Review. A review of key aspects of the training course.
(5) In addition to the training required for an AHERA Project Designer, persons seeking accreditation or licensure must also have a minimum of a bachelor's or advanced degree in architecture, engineering or industrial hygiene or an equivalent combination of education, training and experience as determined by the Commissioner of Labor.
380:50-6-7. Examinations for asbestos workers
(a)
At the completion of each Worker Course, participants shall be required to complete an examination for accreditation. Examinations must meet the following requirements:
(1)
Examinations must be closed-book.
(2)
Should adequately cover the topics included in the training course for that discipline.
(3)
Must be no less than 50 multiple choice questions.
(4)
Requires a passing score of no less than 70% correct.
(b)
Each certificate issued to an accredited person must contain the following information:
(1)
A unique certificate.
(2)
Name of accredited person.
(3)
Discipline of the training course completed.
(4)
Dates of the training course.
(5)
Date of the examination.
(6)
An expiration date, one year after the date upon which the person successfully completed the course and examination.
(7)
The name, address and telephone number of the training provider that issued the certificate.
(8)
A statement that the person receiving the training has completed the requisite trainingfor asbestos accreditation under TSCA Title II.
380:50-6-8. Examinations for asbestos supervisors
(a)
At the completion of each Supervisor Course, participants shall be required to complete an examination for accreditation. Examinations must meet the following requirements:
(1)
Examinations must be closed-book.
(2)
Should adequately cover the topics included in the training course for that discipline.
(3)
Must be no less than 100 multiple choice questions.
(4)
Requires a passing score of no less than 70% correct.
(b)
Each certificate issued to an accredited person must contain the following information:
(1)
A unique certificate number.
(2)
Name of accredited person.
(3)
Discipline of the training course completed.
(4)
Dates of the training course.
(5)
Date of the examination.
(6)
An expiration date, one year after the date upon which the person successfully completed the course and examination.
(7)
The name, address and telephone number of the training provider that issued the certificate.
(8)
A statement that the person receiving the training has completed the requisite training for asbestos accreditation under TSCA Title II.
Page 18
380:50-6-9. Examinations for asbestos inspectors
(a)
At the completion of each Inspector Course, participants shall be required to complete an examination for accreditation. Examinations must meet the following requirements:
(1)
Examinations must be closed-book.
(2)
Should adequately cover the topics included in the training course for that discipline.
(3)
Must be no less than 50 multiple choice questions.
(4)
Requires a passing score of no less than 70% correct.
(b)
Each certificate issued to an accredited person must contain the following information:
(1)
A unique certificate.
(2)
Name of accredited person.
(3)
Discipline of the training course completed.
(4)
Dates of the training.
(5)
Date of the examination.
(6)
An expiration date, one year after the date upon which the person successfully completed the course and examination.
(7)
The name, address and telephone number of the training provider that issued the certificate.
(8)
A statement that the person receiving the training has completed the requisite training for asbestos accreditation under TSCA Title II.
380:50-6-10. Examinations for asbestos management planners
(a)
At the completion of each Management Planner Course, participants shall be required to complete an examination for accreditation. Examinations must meet the following requirements:
(1)
Examinations must be closed-book.
(2)
Should adequately cover the topics included in the training course for that discipline.
(3)
Must be no less than 50 multiple choice questions.
(4)
Requires a passing score of no less than 70% correct.
(b)
Each certificate issued to an accredited person must contain the following information:
(1)
A unique certificate.
(2)
Name of accredited person.
(3)
Discipline of the training course completed.
(4)
Dates of the training.
(5)
Date of the examination.
(6)
An expiration date, one year after the date upon which the person successfully completed the course and examination.
(7)
The name, address and telephone number of the training provider that issued the certificate.
(8)
A statement that the person receiving the training has completed the requisite training for asbestos accreditation under TSCA Title II.
380:50-6-11. Examinations for asbestos project designers
(a) At the completion of each Project Designer Course, participants shall be required to complete an examination for accreditation. Examinations must meet the following requirements:
(1)
Examinations must be closed-book.
(2)
Should adequately cover the topics included in the training course for that discipline.
(3)
Must be no less than 100 multiple choice questions.
(4)
Requires a passing score of no less than 70% correct.
(b) Each certificate issued to an accredited person must contain the following information:
(1)
A unique certificate.
(2)
Name of accredited person.
(3)
Discipline of the training course completed.
(4)
Dates of the training.
(5)
Date of the examination.
(6)
An expiration date, one year after the date upon which the person successfully completed the course and examination.
(7)
The name, address and telephone number of the training provider that issued the certificate.
(8)
A statement that the person receiving the training has completed the requisite training for asbestos accreditation under TSCA Title II.
380:50-6-12. Refresher training
(a)
All persons seeking to maintain accreditation as an Asbestos Abatement Worker must complete an annual refresher training course. The Worker's refresher course must be a minimum of one day in length and must adequately cover topics relevant to asbestos abatement workers, including, but not limited to:
(1)
Changes in State and Federal Regulations.
(2)
An overview of abatement procedures.
(3)
Updates on state of the art techniques and methods.
(4)
A review in the use of personal protective equipment.
(5)
An examination.
(b)
All persons seeking to maintain accreditation as an Asbestos Abatement Contractor/Supervisor must complete an annual refresher training course. The Contractor/Supervisor's refresher course must be a minimum of one day in length and must cover topics relevant to Asbestos Abatement Contractor/Supervisors, including, but not limited to:
(1)
Changes in State and Federal Regulations.
(2)
An overview of abatement procedures.
(3)
Updates on state of the art techniques and methods.
(4)
A review on relevant legal requirements and legal updates.
(5)
A Review in the use of personal protective equipment.
(6)
An examination.
(c)
All persons seeking to maintain accreditation as an AHERA Inspector must complete an annual refresher training course. The Inspector's refresher course must be a minimum of one-half day in length and must cover topics relevant to the AHERA Inspector, including, but not limited to:
(1)
Changes in State and Federal Regulations.
(2)
Review of sampling procedures.
(3)
Review in the use of personal protective equipment.
(4)
Methods of identifying homogeneous areas.
(5)
An examination.
(d)
All persons seeking to maintain accreditation as an AHERA Management Planner must complete an annual refresher training course. The Management Planner's refresher course must be a minimum of one half day of Inspector refresher training and one-half day Management Planner's refresher training and must cover topics relevant to AHERA Management Planners, including, but not limited to:
(1)
Changes in State and Federal Regulations.
(2)
Review of sampling procedures.
Page 19
(3)
Review in the use of personal protective equipment.
(4)
Methods of identifying homogeneous areas.
(5)
Review of methods for developing response actions.
(6)
Review of record keeping methods.
(7)
An Examination.
(e)
All persons seeking to maintain accreditation as an AHERA Project Designer must complete an annual refresher training course. The Project Designer’s refresher course must be minimum of one day in length and must cover topics relevant to AHERA Project Designer, including, but not limited to:
(1)
Changes in State and Federal Regulations.
(2)
Review of safety system design specifications.
(3)
Review in the use of personal protective equipment.
(4)
Review of abatement construction projects.
(5)
Review of budgeting and cost estimates.
(6)
Review of contract preparation and administration.
(7)
Review of legal liabilities and defenses.
(8)
An examination.
(f)
All refresher training must be completed within 12 months from the expiration date of the initial training. Accredited persons who fail to receive their refresher training within the 12 month grace period shall be required to complete the initial training again. No licensee may perform abatement work if training has expired, until either initial or refresher training has been satisfactorily completed. Refresher courses shall be specific to each discipline. They shall be conducted as separate and distinct courses and not combined with other training during the period of the refresher.
380:50-6-13. Approval of asbestos training courses
Individuals or groups wishing to sponsor training courses for disciplines required to be accredited under this section shall apply for approval from DOL or from a state that has accreditation program requirements that are at least as stringent as this OAP. For a course to receive approval, it must meet the requirements for the course as outlined in this OAP, and any other requirements imposed by the State from which approval is being sought. Courses that have been approved by a State with an accreditation program at least as stringent as this OAP are approved under this section.
(1) Initial training course approval. A training provider must submit the following minimum information to a State as part of its application for the approval of each training course:
(A)
The course provider’s name, address, and telephone number.
(B)
A list of any other States that currently approve the training.
(C)
The course curriculum.
(D)
A letter from the provider of the training course that clearly indicates how training course meets the OAP requirements for:
(i)
Length of training in days.
(ii)
Amount and type of hands-on training.
(iii) Examination (length, format, and passing score).
(iv) Topics covered in the course.
(E)
A copy of all course materials (student manuals, instructor notebooks, handouts, etc).
(F)
A detailed statement about the development of the examination used in course.
(G)
Names and qualifications of all course instructors. Instructors must have academic and/or field experience in asbestos abatement.
(H)
A description of and an example of the numbered certificates issued to students who attend the course and pass the examination.
(2) Refresher training course approval. The following minimum information is required for approval of refresher training courses by States:
(A)
The length of training in days or half-days.
(B)
The topics covered in the course.
(C)
A copy of all course materials (student manuals, instructors notebooks, handouts, etc).
(D)
The names and qualifications of all course instructors. Instructors must have academic and/or field experience in asbestos abatement.
(E)
A description of and an example of the numbered certificates issued to students who complete the refresher course and pass the examination, if required.
(3) Withdrawal of training course approval.
(A)
Criteria and procedures for suspending or withdrawing approval of training shall include:
(i)
Misrepresentation of the extent of a training course’s approval by a State or EPA.
(ii)
Failure to submit required information or notifications in a timely manner.
(iii) Failure to maintain requisite records.
(iv)
Falsification of accreditation records, instructor qualifications, or other accreditation information.
(v)
Failure to adhere to the training standards and requirements of the EPA MAP or Oklahoma Accreditation Program, as appropriate.
(B)
In addition to the criteria listed above, DOL may also suspend or withdraw a training course’s approval where an approved training course instructor, or other person with Supervisory authority over the delivery of training has been found in violation of other asbestos regulations administered by EPA, an administrative or judicial finding of violation, or execution of a consent agreement and order under 40 CFR 22.18, constitutes evidence of a failure to comply with relevant statutes or regulations.
(C)
Training course providers shall permit representatives of EPA or DOL to attend, evaluate, and monitor any training course without charge. EPA or DOL compliance inspection staff are not required to give advanced notice of their inspections. EPA may suspend or withdraw DOL or EPA approval of a training course based upon the criteria specified in Unit III.C of the EPA Model Accreditation Plan.
380:50-6-14. Reciprocity
The State of Oklahoma will accept accreditation given in other states provided the following are met:
(1) The training provider must have EPA approval or approval by a State that has an approved MAP program that is
Page 20
as stringent or exceeds the minimum requirements of the EPA MAP; and in addition, must be one of the following:
(A)
An educational institution, such as a state college or vocational-technical school, or;
(B)
A government agency, or;
(C)
An organized labor union, or;
(D)
Licensed or accredited as vocational training providers in the state where training is given.
(2) Workers, accredited by EPA continuously for past two years, and in good standing in the state now employed, and if applicable, currently licensed in that state, could, by taking a one day review course and examination, with the curriculum approved by DOL and administered by Oklahoma educational providers, as designated by the Commissioner of Labor, could be granted a license.
380:50-6-15. Foreign language courses
Training facilities who provide worker courses in languages other than English will be accepted provided the accreditation criteria meets the minimum requirements of the EPA Model Accreditation Program, the facility is an established training provider, and all course materials, including the course examination is presented in the same foreign language. Only the worker course will be approved to be taught in a language other than English.
380:50-6-16. Recordkeeping Requirements
All approved providers of accredited asbestos training courses must comply with the following minimum recordkeeping requirements:
(1)
Training course materials. A training provider must retain copies of all instructional materials used in the delivery of the classroom training such as student manuals, instructor notebooks and handouts.
(2)
Instructor qualifications. A training provider must retain copies of all instructor’s resumes, and the documents approving each instructor issued by either the State or EPA. Instructors must be approved by either EPA or DOL before teaching courses for accreditation purposes. A training provider must notify DOL in advance whenever it changes course instructors. Records must accurately identify the instructors that taught each particular course for each date that a course is offered.
(3)
Examinations. A training provider must document that each person who receives an accreditation certificate for an initial training course has achieved a passing score on the examination. These records must clearly indicate the date upon which the exam was administered, the training course and discipline for which the exam was given, the name of the person who proctored the exam, a copy of the exam, and the name and test score of each person taking the exam. The topic and dates of the training course must correspond to those listed on that person’s accreditation certificate. These same requirements apply to examinations for refresher training courses.
(4)
Accreditation certificates. The training providers shall maintain records that document the names of all persons who have been awarded certificates, their certificate numbers, the disciplines for which accreditation was conferred, training and expiration dates, and the training location. The provider and
DOL shall maintain the records in a manner that allows verification by telephone of the required training information.
(5)
Verification of certificate information. DOL requires providers of refresher training courses confirm that their students possess valid accreditation before granting course admission. DOL also requires that training providers offering the initial management planner training verify that students have met the prerequisite of possessing valid inspector accreditation at the time of course admission.
(6)
Records retention and access.
(A)
The training provider shall maintain all required records for a minimum of 3 years. The provider, however, may find it advantageous to retain these records for a longer period of time.
(B)
The provider must allow reasonable access to all of the records required by the OAP, and to any other records which may be required by States for the approval of asbestos training providers or the accreditation of asbestos training courses, to both EPA and to State Agencies, on request. OAP encourages providers to make this information equally accessible to the general public.
(C)
If a provider ceases to conduct training, the training provider shall notify the DOL and give it the opportunity to take possession of that provider’s asbestos training records.
SUBCHAPTER 7.
VIOLATIONS
Section. 380:50-7-1. Violations 380:50-7-2. Violations and revocation of accreditation
380:50-7-1. Violations
(a)
The DOL may issue violations to persons performing work under these rules. Serious violations may be assessed against a Contractor/Supervisor, Worker, Inspector, Management Planner or Project Designer if they perform an act in violation of these Rules and the standards adopted herein, or if they fail to perform an act required by the Rules, when such an act has the potential to cause serious bodily harm, property damage, or environmental damage. Non-serious violations may be assessed for violations of procedural rules.
(b)
If the specified number of violations are found to exist, the Commissioner of Labor shall have the authority to suspend, revoke or deny the renewal of any license held by that specific licensee.
(c)
A record of violations will be kept by the DOL to review performance on abatement jobs.
(1)
This record will be used by the Commissioner to review Contractors' and Workers' performances before renewal of asbestos abatement licenses.
(2)
Violations will be removed from the record after a period of five years unless settlement is reached by a civil action.
(d)
In order to be consistent in the application of the above stated provisions of the Act and the Rules, the following policies will be applied to the issuance of violations and the review of violations relative to any disciplinary act taken against any
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Contractor/Supervisor, Worker, Inspector, Management Planner or Project Designer by the Oklahoma State Department of Labor (DOL).
(1)
Violations may be issued by DOL/Asbestos Inspectors during the performance of on-site inspections when those violations are directly observed by the Inspectors, or by the Director of the Asbestos Division when Rules violations are discovered during project review. If, during the course of an inspection, an inspector observes a violation that creates an imminent threat to the health or safety of abatement workers, or to public health or safety, the inspector may immediately issue a cease and desist order on the project or facility. Such order will take the form of a “red tag.” Following the issuance of a “red tag,,” no person shall be allowed into the tagged area unless accompanied by a Department of Labor asbestos inspector.
(2)
Upon issuance of a serious violation(s), the entity in violation shall have an opportunity for an administrative hearing, at which time the entity may protest the validity of the violation(s), or appeal to have the serious violation(s) reduced in accordance with Rule380:50-7-1(c).
(A)
Such hearing shall be held within 3 working days if an asbestos abatement project is shut down because of the violation(s) or within 10 working days if the project is allowed to continue.
(B)
Such hearing shall be before a DOL appointed hearing officer in accordance with the Oklahoma Administrative Procedures Act, 75 O.S. § 309 et seq.
(C)
Violations of record will be those violations which have been upheld by a hearing officer after a hearing held by the Department of Labor for such purposes, in accordance with DOL rules and the Oklahoma Administrative Procedures Act, or those which are assessed by agreement of the parties.
(3)
For purposes of disciplinary action, each five non-serious violations of record shall be considered by the DOL to be equivalent to one serious violation of record.
(4)
At any time an Asbestos Abatement Contractor, Management Planner, Inspector, or Project Designer has accumulated five or more serious violations of record, (three for Workers or Supervisors) or serious violations of record equal in number to twenty percent of the number of separate areas of all asbestos abatement projects undertaken within the previous two years, whichever is greater, then the licensee in question will be subject to disciplinary action in accordance with 40 O.S. § 454. For the purpose of determining the number of separate containment areas undertaken by a Contractor, any Operation and Maintenance (O&M) program undertaken by a Contractor for a single owner at a single site, shall be considered to be equivalent to one containment area.
(5)
At any time an Asbestos Contractor has accumulated two or more NESHAP Notices of Violation, the Contractor will be subject to disciplinary action in accordance with 40 O.S. § 454.
(6)
At such time that a Contractor has accumulated the specified number of violations to be subject to disciplinary action in accordance with these Rules, the Contractor will be notified by certified mail, and afforded the opportunity for a hearing in accordance with the Administrative Procedures Act.
(7)
Factors to be taken into account by the DOL when determining what, if any disciplinary action will be taken against a Contractor will be:
(A)
The severity of the violations in terms of threat or potential threat to Worker or public health and/or safety, and to the environment.
(B)
The steps which have been taken by the Contractor to avoid a repetition of the violations.
(8)
In cases where a Contractor’s serious violation was caused by a Worker or Supervisor, DOL may issue violations against all persons involved, in addition to the Contractor. Issuance of a violation to a Worker does not relieve the Contractor of liability for any violations, and the consequences thereof.
380:50-7-2. Violations and revocation of accreditation
If the specified number of violations are found to exist, the Commissioner shall have authority to suspend, revoke or deny renewal of accreditation to that specific worker, supervisor/contractor, inspector, management planner or project designer.
(1)
Prior to the suspension, revocation or denial of recertification of accreditation of training, the accredited persons shall be afforded the rights of an Administrative Hearing under the Oklahoma Administrative Procedures Act, as described above.
(2)
The following actions shall also be considered grounds for revocation of accreditation:
(A)
Performing work requiring accreditation at a job site without being in physical possession of initial and current accreditation certificates.
(B)
Permitting the duplication or use of one's own accreditation certificate by another.
(C)
Performing work for which accreditation has not been received.
(D)
Obtaining accreditation from training provider that does not have approval to offer training for the particular discipline from either EPA or from a State that has a Contractor accreditation plan at least as stringent as the EPA MAP.
(3)
The following persons are not accredited or licensed under the OAP and are in violation of the Oklahoma Asbestos Control Act:
(A)
Any person who obtains accreditation through fraudulent representation of training or examination documents;
(B)
Any person who obtains training documentation through fraudulent means;
(C)
Any person who gains admission and completes refresher training through fraudulent representation of initial or previous refresher training documentation;
(D)
Any person who obtains accreditation through fraudulent representation of accreditation requirements such as education, training, professional registration, or experience.
(4)
Procedures for Revocation of Accreditation will comply with the EPA Procedures for Suspension of Revocation of Accreditation or Training Course Approval as outlined in the EPA Model Accreditation Program.
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SUBCHAPTER 9.
CONTRACTOR PROCEDURES
Section. 380:50-9-1. Contractor notification 380:50-9-2. Emergency notification 380:50-9-3. Authorization to proceed 380:50-9-5. Notification of hazards 380:50-9-6. Re-notification requirements 380:50-9-7. Waste shipment records
380:50-9-1. Contractor notification
(a) For projects involving any asbestos abatement or response action other than emergencies, O&M for schools, SSSD or Class III for facilities and public and commercial facilities:
(1)
Notifications shall be submitted in accordance with the following schedule:
(A)
A notification is required ten (10) days prior to performing asbestos abatement or response actions for projects involving more than one glovebag and less than 160 square feet or 260 linear feet of asbestos-containing materials.
(B)
A notification is required ten (10) days prior to performing asbestos abatement or response actions for projects involving 160 square feet or 260 linear feet or more of asbestos-containing materials.
(C)
Projects shall not be divided into small sequential segments for the purpose of avoiding the requirements of this Chapter.
(2)
Asbestos contractors shall notify the Commissioner in writing, and on forms prescribed by the Commissioner. Notification shall include:
(A)
Asbestos contractor’s name, address, and phone number.
(B)
Owner's name, address, and phone number.
(C)
Location of job site.
(D)
Projected starting date.
(E)
Projected ending date.
(F)
Abatement technique.
(G)
Amount of asbestos to be abated as linear feet and/or square feet.
(H)
Names and addresses of all consultants, industrial hygienists, testing laboratories, or other subcontractors to be utilized during the project.
(I)
Name and address of landfill to be used for asbestos disposal.
(J)
Plans for decontamination facilities.
(K)
Copies of project documents, including:
(i)
Bonds and insurance certificates as applied to public projects.
(ii)
NESHAPS notification.
(L)
Written permission from the owners of all vehicles and/or trailers not owned by the contractor that will be used to transport asbestos-containing articles or containers.
(M)
Names and addresses of haulers of asbestos for hire, who shall be licensed asbestos abatement contractors.
(N)
A certificate of vehicle liability insurance specifically covering any vehicles or trailers used to transport asbestos-containing or contaminated waste, equipment, or materials. The limits of liability shall not be less than one million dollars ($1,000,000).
(O)
The project design.
(b) For O&M for schools and Class III for facilities and public and commercial facilities:
(1) Asbestos contractors shall notify the Commissioner in writing by fax or email, and on submittal forms prescribed by the Commissioner, prior to performing any O&M for schools or SSSD or Class III for public and commercial facilities. Notification shall include:
(A)
Asbestos contractor's name, address, and phone number.
(B)
Owner's name, address, and phone number.
(C)
Location of job site.
(D)
Projected starting date.
(E)
Projected ending date.
(F)
Abatement technique.
(G)
Amount of asbestos to be abated as linear feet and/or square feet.
(H)
Names and addresses of all consultants, industrial hygienists, testing laboratories, or other subcontractors to be utilized during the project.
(I)
Name and address of landfill to be used for asbestos disposal.
380:50-9-2. Emergency notification
(a)
Notification by phone, email or fax is permitted in the case of an emergency involving protection of limb, life and property. Notification shall include the information contained in Section 380:50-9-1(a)(2), and the date of the contract. The written notification items in Section 380:50-9-1(a)(2) above shall be submitted to the Commissioner within twenty-four (24) hours after the start of abatement.
(b)
The Contractor shall immediately notify the Commissioner of any changes in the information provided under Section 380:50-9­1(
a)(2).
(c)
In case of an emergency, as determined by the Commissioner, the project design will be waived.
380:50-9-3. Authorization to proceed
Contractors shall not start to abate any asbestos-containing materials until:
(1)
An authorization to begin abatement activity has been received by the contractor from the Commissioner. The authorization to proceed will state whether or not the site preparation must be approved by the Department of Labor prior to gross removal of asbestos-containing material.
(2)
Documentation and required materials for prior abatement projects have been received by the Commissioner. This includes but is not limited to outstanding daily air sample test results, physical examinations, and correction of prior violations.
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380:50-9-5. Notification of hazards
The contractor or supervisor shall immediately inform and follow up with the owner and the Commissioner by phone, fax or email of health hazards created during abatement. This will include, but is not limited to, such occurrences as breaching the containment area, loss of negative pressure to a negative pressure containment, air monitoring tests indicating airborne asbestos above acceptable levels, recordable injuries, loss of power, etc.
380:50-9-6. Re-notification requirements
If a contractor fails to meet the project start date without advising the Asbestos Division in advance, a new notification 10 days in advance shall be required.
380:50-9-7. Waste shipment records
Upon completion of abatement projects, the contractor shall submit waste shipment records which fully meet the requirements of 40 CFR Part 61 (NESHAPS) and shall include:
(1)
Work site name and mailing address.
(2)
Owner's name and telephone number.
(3)
Contractor's name, mailing address, and phone number.
(4)
Waste disposal site name, mailing address, physical site
location, and phone number.
(5)
Description and quantity of materials, in cubic yards, and numbers and types of containers.
(6)
Special handling instructions.
(7)
A signed certification that the contents of the load covered under the manifest are fully and accurately described by proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport by highway according to applicable international and government regulations.
(8)
Name, title, address, phone number, and signature of each hauler, and the date hauled.
(9)
A discrepancy indication space.
(10)
Certification of receipt of the load with the signature of a responsible disposal site employee and date.
SUBCHAPTER 11. LABORATORY REQUIREMENTS
Section. 380:50-11-1. Daily air monitoring requirements 380:50-11-2. Clean-test requirements 380:50-11-3. Sampling and monitoring requirements 380:50-11-4. Microscope requirements 380:50-11-5. Technician's requirements 380:50-11-7. Third party monitoring requirements for private
contractors
380:50-11-1. Daily air monitoring requirements
Daily air monitoring requirements shall consist of the following:
(1) Personal monitoring.
(A) One (1) personal air sample for every four workers, but a minimum of two (2) personal air samples collected from within the work area, and a minimum of two (2) personal air samples per abatement crew, by a method to be deter mined by the Commissioner. One (1) of these personal air samples must be from a worker collecting and bagging asbestos, and one must be from a worker in the loadout area, where applicable.
(B)
All personal monitoring results shall be reported with the type of respirator worn by the worker and the license number of each worker.
(C)
The exposure to airborne fiber concentrations by Workers on abatement projects shall be limited to a maximum value of 0.01 fibers per cubic centimeter within the assigned respirator, as determined by dividing the airborne fiber concentration by the respirator protection factor.
(2)
Inside area monitoring.
(A)
A minimum of one (1) area sample in the vicinity of each abatement crew.
(B)
One (1) sample from the load-out area during load-out activities.
(3)
Outside area monitoring.
(A)
Minimum of, but not limited to, one (1) air sample from each independent exit area collected directly outside and adjacent to the work area as designated in the project design.
(B)
One (1) sample per shift from the exhaust of each negative air machine, or common exhaust duct of multiple machines, which discharges from the containment area. Such discharge shall not be permitted to exceed 0.01 fibers/cc.
(C)
One (1) sample immediately outside the clean room. Air monitoring in the clean-room of the decontamination system is not a requirement of these Rules.
(D)
Minimum of, not limited to, one (1) additional air sample as designated in the project design.
(4)
Calibration shall be accomplished prior to, and at the conclusion of sampling. The average flow rate shall be utilized for all calculations of airborne concentrations relating to asbestos.
(A)
All non-primary type flow measuring devices shall be routinely calibrated by using a primary standard once per month, and shall be accompanied with calibration records and/or charts which shall contain:
(i)
Date of calibration.
(ii)
Individual accomplishing calibration.
(iii) Identification of referenced primary standard including serial number.
(iv) Number of calibration points with accompanying table reflecting indicated flow versus actual flow.
(B)
Floating ball type flow meters shall be non­adjustable,
or shall be sealed and the seal must not be broken. A wax ring is an appropriate seal.
(5)
No airborne fiber count shall be reported to the Department Labor or any other entity as a numerical value if the count is less than the minimum level of detectability for the method used for analysis. The value shall be reported as less than the detectable limit, with that limit so stated.
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380:50-11-2. Clean-test requirements
(a)
After all abatement and cleanup procedures are concluded, a Clean Test shall be conducted to ensure cleanliness of the abatement area prior to re-occupancy of the abatement area.
(b)
Clean Test samples shall not be conducted until a visual inspection is performed by Oklahoma Department of Labor personnel.
(c)
Clean Test samples shall be by aggressive sampling techniques, the number and method of such tests to be specified by the project design.
(1)
For all projects, other than O&M, SSSD, or Class III, where less than 160 square feet or 260 linear feet of ACM or PACM has been removed:
(A)
A minimum of five (5) samples shall be run in a regulated area located in a public or commercial facility. Samples shall be analyzed by Phase Contrast Microscopy (PCM).
(B)
A minimum of five (5) samples shall be run in a regulated area located in a school facility as defined by AHERA. Samples shall be analyzed by Phase Contrast Microscopy (PCM).
(2)
For all projects, other than O&M, SSSD, or Class III, where 160 square feet or 260 linear feet or more of ACM or PACM has been removed:
(A)
A minimum of five (5) samples shall be run in a regulated area located in a public or commercial facility. Samples shall be analyzed by Phase Contrast Microscopy (PCM).
(B)
A minimum of five (5) samples shall be run in a regulated area located in a school facility as defined by AHERA. Samples shall be analyzed by Transmission Electron Microscopy (TEM).
(3)
Sample flow rates shall be limited to ten (10) liters per minute for 25-millimeter cassettes.
(4)
The minimum volume of air drawn for each Clean Test sample shall be 1,200 liters for a 25-millimeter cassette.
(d)
For the Clean Test to be approved using PCM analysis, the upper confidence limit of the airborne fiber concentration shall be less than
0.01 fibers per cubic centimeter.
(e)
For any PCM analysis exceeding the allowed Clean Test level for any cassette on a project not covered under AHERA regulations, the contractor may have such cassettes analyzed by TEM utilizing NIOSH Method 7402, in which case the asbestos fiber level shall be less than 0.01 fibers/cc for those fibers greater than five (5) micrometers.
(f)
For Clean Tests to be approved using TEM analysis, the average concentration of the five (5) air samples collected within the regulated area, shall be less than 70 structures per square millimeter.
380:50-11-3. Sampling and monitoring requirements
(a) Airborne fiber analysis shall be in accordance with the NIOSH Manual of Analytical Methods, No. 7400, “Asbestos and Other Fibers by PCM”, as amended.
(1) No airborne fiber count shall be reported to DOL or any other entity as a numerical value if the count is less than the minimum level of detectability for the method used for analysis. The value shall be reported as less than the detectable limit, with limit so stated.
(2)
Upper and lower confidence limits shall be reported for all air samples.
(3)
If the actual number of fibers counted is less than the limit of detection, the limit of detection shall be used to calculate the upper and lower confidence limits.
(b) All asbestos analyses shall be performed by laboratories which have quality control programs approved in advance by, and at the discretion of the Commissioner using a set of published guidelines, or which utilize only laboratory technicians who have successfully completed DOL-approved courses in the type analyses performed by the technician, and which:
(1)
For bulk asbestos analysis:
(A)
Are certified by the National Voluntary Laboratory Accreditation Program, for laboratories providing bulk sample analyses, or
(B)
Participate in the AIHA Bulk Asbestos Proficiency Testing Program, latest round, and be rated proficient for the latest round.
(2)
For NIOSH Method 7400 fiber counting analysis:
(A)
Participate in the AIHA Proficiency Analytical Testing (PAT) Program, latest round, and are proficient for the round, or
(B)
Have all individual analysts participate in the AIHA Asbestos Analyst Registry (AAR) program and are rated as proficient for each analyst.
(3)
TheNationalVoluntaryLaboratoryAccreditationProgram, for laboratories providing fiber counting analyses using TEM.
380:50-11-4. Microscope requirements
Laboratories shall certify that phase contrast microscopes used for fiber counting meet the specifications of NIOSH Method 7400, including verification of the microscope-resolving power by means of an HSE/NPL phase-shift test slide. All microscopes shall have been checked with a phase-shift test sli