Title 8 CCR 1529. Asbestos (DOSH)_Part 7.pdf

6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. 2. A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physician's recommendations. 3. Physician's written opinions; 4. Any employe...

6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. 2. A copy of the employee's medical examination results, including the medical history, questionnaire responses, results of any tests, and physician's recommendations. 3. Physician's written opinions; 4. Any employee medical complaints related to exposure to asbestos; and 5. A copy of the information provided to the physician as required by subsection (m) of this section. (C) The employer shall ensure that this record is maintained for the duration of employment plus thirty (30) years, in accordance with Section 3204 of the General Industry Safety Orders. (4) Training records. The employer shall maintain all employee training records for one (1) year beyond the last date of employment by that employer. (5) Data to Rebut PACM. Where the building owner and employer have relied on data to demonstrate that PACM is not asbestos-containing, such data shall be maintained for as long as they are relied upon to rebut the presumption. (6) Records of Required Notifications. Where the building owner has communicated and received information concerning the identification, location and quantity of ACM and PACM, written records of such notifications and their content shall be maintained by the building owner for the duration of ownership and shall be transferred to successive owners of such buildings/facilities. (7) Availability. (A) The employer, upon written request, shall make all records required to be maintained by this section available to the Chief and the Director for examination and copying. (B) The employer, upon request, shall make any exposure records required by subsections (f) and (n) of this section available for examination and copying to affected employees, former employees, designated representatives, and the Chief, in accordance with Section 3204 of the General Industry Safety Orders. (C) The employer, upon request, shall make employee medical records required by subsections (m) and (n) of this section available for examination and copying to the subject employee, anyone having the specific written consent of the subject employee, and the Chief, in accordance with Section 3204 of the General Industry Safety Orders. (8) Transfer of records. (A) The employer shall comply with the requirements concerning transfer of records set forth in Section 3204 of the General Industry Safety orders. (B) Whenever the employer ceases to do business and there is no successor employer to receive and retain the records for the prescribed period, the employer shall notify the Director at least 90 days prior to disposal and, upon request, transmit them to the Director. (o) Competent person. (1) General. On all construction worksites covered by this standard, the employer shall designate a competent person, having the qualifications and authorities for ensuring worker safety and health required by Sections 1509, 1510, 1512, 1513, 1514, 1523, and 1920 of these orders. (2) Required Inspections by the Competent Person. Section 1509(a) of these orders, which requires health and safety prevention programs to provide for frequent and regular inspections of https://www.dir.ca.gov/title8/1529.html 31/37 6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. the job sites, materials, and equipment to be made by competent persons, is incorporated. (3) Additional Inspections. In addition, the competent person shall make frequent and regular inspections of the job sites, in order to perform the duties set out below in subsection (o)(3)(A). For Class I jobs, on-site inspections shall be made at least once during each work shift, and at any time at employee request. For Class II, III and IV jobs, on-site inspections shall be made at intervals sufficient to assess whether conditions have changed, and at any reasonable time at employee request. (A) On all worksites where employees are engaged in Class I or II asbestos work, the competent person designated in accordance with subsection (e)(6) of this section shall perform or supervise the following duties, as applicable: 1. Set up the regulated area, enclosure, or other containment; 2. Ensure (by on-site inspection) the integrity of the enclosure or containment; 3. Set up procedures to control entry to and exit from the enclosure and/or area; 4. Supervise all employee exposure monitoring required by this section and ensure that it is conducted as required by subsection (f) of this section; 5. Ensure that employees working within the enclosure and/or using glove bags wear respirators and protective clothing as required by subsections (h) and (i) of this section; 6. Ensure through on-site supervision, that employees set up, use, and remove engineering controls, use work practices and personal protective equipment in compliance with all requirements; 7. Ensure that employees use the hygiene facilities and observe the decontamination procedures specified in subsection (j) of this section; 8. Ensure that, through on-site inspection, engineering controls are functioning properly and employees are using proper work practices; and, 9. Ensure that notification requirement in subsection (k) of this section are met. (4) Training for the competent person. (A) For Class I, and II asbestos work the competent person shall be trained in all aspects of asbestos removal and handling, including: abatement, installation, removal and handling; the contents of this standard; the identification of asbestos; removal procedures, where appropriate; and other practices for reducing the hazard. Such training shall be obtained in a comprehensive course for supervisors, that meets the criteria of EPA's Model Accredited Plan (40 CFR Part 763, Subpart E. Appendix C), such as a course conducted by an EPA-approved or state approved training provider, certified by EPA or a state, or a course equivalent in stringency, content and length. (B) For Class III and IV asbestos work, the competent person shall be trained in aspects of asbestos handling appropriate for the nature of the work, to include procedures for setting up glove bags and minienclosures, practices for reducing asbestos exposures, use of wet methods, the contents of this standard, and the identification of asbestos. Such training shall include successful completion of a course that is consistent with EPA requirements for training of local education agency maintenance and custodial staff as set forth at 40 CFR 763.92(a)(2), or its equivalent in stringency, content, and length. Competent persons for Class III and IV work, may also be trained pursuant to the requirements of subsection (o)(4)(A) of this section. https://www.dir.ca.gov/title8/1529.html 32/37 6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. (p) Appendices. (1) Appendices A, C, D, and E to this section are incorporated as part of this section and the contents of these appendices are mandatory. (2) Appendices B, F, H, I, J, and K to this section are informational and are not intended to create any additional obligations not otherwise imposed or to detract from any existing obligations. (q) Certified Asbestos Consultants and Certified Site Surveillance Technicians. (1) The following definitions are applicable to subsection (q) only: "Asbestos consultant" means any person who contracts to provide professional health and safety services relating to asbestos- containing construction material as defined in this subsection, which comprises 100 square feet or more of surface area. The activities of an asbestos consultant include building inspection, abatement project design, contract administration, sample collection, preparation of asbestos management plans, clearance monitoring, and supervision of site surveillance technicians as defined in this subsection. "Asbestos-containing construction material" means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight. "Certified asbestos consultant" means any asbestos consultant certified by the Division pursuant to this section. "Certified site surveillance technician" means any surveillance technician certified by the Division pursuant to the section. "Division" means the Division of Occupational Safety and Health of the California Department of Industrial Relations. "Site surveillance technician" means any person who acts as an independent on-site representative of an asbestos consultant. The site surveillance technician monitors the asbestos abatement activities of others, provides asbestos air monitoring services for area and personal samples, and performs building surveys and contract administration at the direction of an asbestos consultant. "State-of-the-art" means all asbestos abatement and control work procedures currently in use which have been demonstrated to be the most effective, reliable, and protective of workers health. As new procedures are developed which demonstrate greater effectiveness, reliability, and worker protection and thereby come into use, they become state-of-the-art. (2) Certified Asbestos Consultant Criteria. To obtain certification, an asbestos consultant must apply to the Division and complete all application requirements specified in Section 341.15. In order to qualify as an asbestos consultant, the applicant must meet all of the following requirements: (A) Achievement of a passing score as determined by the Division on an examination approved or administered by the Division including, but not limited to, the following subjects: 1. The physical characteristics of asbestos; 2. The health effects of asbestos; 3. The regulatory requirements of the Division, the Federal Occupational Safety and Health Administration, the U.S. Environmental Protection Agency, air quality management districts, and the Department of Health Services, https://www.dir.ca.gov/title8/1529.html 33/37 6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, disposal, and general industry safety hazards; 4. State-of-the-art asbestos abatement and control work procedures; 5. Federal Asbestos Hazard Emergency Response Act training information and procedures for inspectors, management planners, and supervisors, as provided for under Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code, or the equivalent, as determined by the Division; and 6. Information concerning industrial hygiene sampling methodology, including asbestos sampling and analysis techniques and recordkeeping. (B) Providing such documentation and other information as the Division shall require to substantiate: 1. The possession of a valid and appropriate federal Asbestos Hazard Emergency Response Act [Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code] certificate, or its equivalent, as determined by the Division; and 2. Any one of the following combinations of education and experience: A. One year of asbestos-related experience and a bachelor of science degree in engineering, architecture, industrial hygiene, construction management, or a related biological or physical science; B. Two years of asbestos-related experience and a bachelor's degree; C. Three years of asbestos-related experience and an associate of arts degree in engineering, architecture, industrial hygiene, construction management, or a related biological or physical science; or D. Four years of asbestos-related experience and a high school diploma or its equivalent. (3) Certified Site Surveillance Technician Criteria. To obtain certification, a site surveillance technician must apply to the Division and complete all application requirements specified in Section 341.15. In order to qualify as a site surveillance technician, the applicant must meet all of the following requirements: (A) Achievement of a passing score as determined by the Division on an examination approved or administered by the Division including, but not limited to, the following subjects: 1. The physical characteristics of asbestos; 2. The health effects of asbestos; 3. The regulatory requirements of the Division, the Federal Occupational Safety and Health Administration, the U.S. Environmental Protection Agency, air quality management districts, and the Department of Health Services, including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, disposal, and general industry safety hazards; 4. State-of-the-art asbestos abatement and control work procedures. 5. Information concerning industrial hygiene sampling methodology, including sampling techniques and recordkeeping. (B) Providing such documentation and other information as the Division shall require to substantiate all of the following: https://www.dir.ca.gov/title8/1529.html 34/37 6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. 1. Possession of a valid federal Asbestos Hazard Emergency Response Act [Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code] certificate for the type of work being performed, or its equivalent, as determined by the Division. 2. Six (6) months of asbestos-related experience under the supervision of an asbestos consultant. 3. Possession of a high school diploma or equivalent. (4) No employer shall engage the services of an asbestos consultant or site surveillance technician unless that person provides proof of certification by the Division. (r) Report of Use and Asbestos-related Work Registration. (1) The following definitions are applicable to subsection (r) only: "Asbestos-containing construction material" means any manufactured construction material which contains more than one tenth of 1 percent asbestos by weight. "Asbestos-related work" means any activity which by disturbing asbestos-containing construction materials may release asbestos fibers into the air and which is not related to its manufacture, the mining or excavation of asbestos-bearing ore or materials, or the installation or repair of automotive materials containing asbestos. Asbestos-related work does not include the installation, repair, maintenance, or nondestructive removal of asbestos cement pipe used outside of buildings if the work operations do not result in employee exposures to asbestos in excess of 0.1 fibers per cubic centimeter of air (f/cc) as an 8-hour time-weighted average and the employees and supervisors involved in the work operations are trained and certified by an asbestos cement pipe training program which is approved by the Division. (2) Report of Use. See section 5203. Note: Employers registered with the Chief in accordance with Sections 341.6 to 341.9 for the purpose of conducting asbestos-related work involving over 100 square feet, as defined in Section 341.6(a), of asbestos-containing construction material shall be deemed to be in compliance with section 5203 for the asbestos-related work requiring registration. Except that emergencies as defined in section 5203(a) must be reported as required in section 5203(f). EXCEPTION: An employer need not register all the materials containing asbestos if objective data demonstrates that during all reasonably foreseeable uses, handling, storage, disposal, processing, or transportation, no airborne concentrations of asbestos fibers in excess of the permissible exposure limit and/or excursion limit will be released. The objective data shall include at least those elements specified in subsection (n)(1) of this section. Note: Authority cited: Sections 142.3, 6501.5, 9020, 9021.5, 9021.9, 9030 and 9040, Labor Code. Reference: Sections 142.3, 6501.5, 6501.7, 6501.8, 6501.9, 6502, 9003, 9004(b), 9005, 9006, 9009, 9020, 9021.5, 9021.9, 9030 and 9040, Labor Code; Section 25910, Health and Safety Code; and Sections 7180, 7180.5, 7181, 7182, 7183, 7183.5, 7184, 7185, 7187, 7189, 7189.5 and 7189.7, Business and Professions Code. HISTORY 1. New section filed 2-15-91; operative 2-15-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 19). 2. Editorial correction of HISTORY 1. (Register 91, No. 45). 3. Amendment of subsection (b) and NOTE and adoption of subsections (o)(6)-(o)(8) and (t)filed 1-21-92 as an emergency; operative 2-20-92 (Register 92, No. 13). 4. Change without regulatory effect amending definition of chief in subsection (b) filed 3-4-92 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 19). https://www.dir.ca.gov/title8/1529.html 35/37 6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. 5. Amendment of subsection (c)(1) filed 5-1-95; operative 5-31-95 (Register 95, No. 18). 6. Editorial correction of subsection (b) (Register 95, No. 41). 7. Change without regulatory effect deleting duplicate "Certified supervisor" definition filed 12-21-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 51). 8. Repealer and new section filed 5-3-96; operative 7-3-96 (Register 96, No. 18). 9. Amendment of subsections (k)(9)(B), (q)(2)-(3) and (r)(1) definition of "Asbestos-related work," and amendment of Note filed 2-5-97; operative 3-7-97 (Register 97, No. 6). 10. New subsection (h)(2)(F), amendment of subsections (k)(6), (k)(8)(F) and (k)(9)(C)-(k)(9)(D)1., new (k)(9) (D)2.-3. and amendment of subsections (k)(9)(E) and (m)(1)(A)1. filed 10-3-97; operative 10-3-97. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 97, No. 40). 11. Amendment of former subsections (h)(1)-(h)(4)(B) including subsection renumbering and relettering resulting in newly designated subsections (h)(1)-(h)(3)(D)3. filed 8-25-98; operative 11-23-98 (Register 98, No. 35). 12. Amendment of subsections (r)-(r)(2), repealer of subsection (r)(2)(A), Note 1. and Note 2. designator, amendment of former Note 2., and repealer of subsections (r)(2)(B)-(r)(2)(B)1. and (r)(2)(B)2.-(r)(5) filed 7-699; operative 8-5-99 (Register 99, No. 28). 13. Change without regulatory effect amending subsections (h)(3)(D)2.-3. filed 12-20-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 52). 14. Amendment of subsection (g)(5) filed 3-22-2004; operative 3-22-2004. Submitted to OAL for printing only. This filing is necessary to correct a discrepancy between this section and the corresponding federal regulation, 29 CFR 1926.1101, and is not subject to Articles 5 and 6 of the Administrative Procedure Act pursuant to subdivision (a)(3) of Labor Code section 142.3 (Register 2004, No. 13). 15. Amendment of subsection (f)(5)(A) and repealer of subsection (g)(6)(C) filed 7-28-2005; operative 7-282005. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2005, No. 30). 16. Amendment of subsections (h)(3)(A), new subsection (h)(3)(B), subsection relettering and amendment of newly designated subsections (h)(3)(C), (h)(3)(D), (h)(3)(E) and (h)(3)(E)2.-3. filed 3-6-2007; operative 3-62007. Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(3) (Register 2007, No. 10). 17. Amendment of subsection (k)(1), new subsections (k)(1)(A)-(B), amendment of subsections (k)(7)(B)1.-2., new subsections (k)(7)(B)3.-4., repealer and new subsections (k)(8)(B)-(C), new subsection (k)(8)(D)1. and redesignation of former subsection (k)(8)(D) as new subsection (k)(8)(D)2. filed 5-6-2013; operative 5-6-2013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 19). 18. Amendment of subsection (k)(1), new subsections (k)(1)(A)-(B), amendment of subsections (k)(7)(B)1.-2., new subsections (k)(7)(B)3.-4., repealer and new subsections (k)(8)(B)-(C), new subsection (k)(8)(D)1. and redesignation of former subsection (k)(8)(D) as new subsection (k)(8)(D)2. refiled 11-6-2013; operative 11-62013 pursuant to Labor Code section 142.3(a)(4)(C). Submitted to OAL for printing only pursuant to Labor Code section 142.3(a)(4) (Register 2013, No. 45). 19. Repealer of 11-6-2013 order by operation of law 5-6-2014 pursuant to Labor Code 142.3 (Register 2014, No. 19). 20. Amendment of subsection (k)(1), new subsections (k)(1)(A)-(B), amendment of subsections (k)(7)(B)1.-2., new subsections (k)(7)(B)3.-4., repealer and new subsections (k)(8)(B)-(C), new subsection (k)(8)(D)1. and https://www.dir.ca.gov/title8/1529.html 36/37 6/12/23, 10:36 AM California Code of Regulations, Title 8, Section 1529. Asbestos. redesignation of former subsection (k)(8)(D) as new subsection (k)(8)(D)2. filed 5-5-2014; operative 5-6-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 19). 21. Editorial correction of formatting of subsection (g)(4)(D) (Register 2015, No. 37). Go Back to Article 4 Table of Contents https://www.dir.ca.gov/title8/1529.html 37/37