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Virginia Regulatory Town Hall

Proposed Text

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Action:
Amendment to Asbestos Licensing Regulations
Stage: Fast-Track
18VAC15-20-451

Part VII
Standards of Practice and Conduct for Licensed Asbestos Contractors

18VAC15-20-451. Asbestos contractor responsibilities.

A. Licensed asbestos contractors shall comply with all requirements, procedures, standards and regulations covering any part of an asbestos project established by the U.S. Environmental Protection Agency, the U.S. Occupational Safety and Health Administration, the Virginia Department of Labor and Industry, and the Divisions of Air Pollution and Waste Management of the Department of Environmental Quality (§54.1-517 of the Code of Virginia).

B. Licensed asbestos contractors shall comply with the requirements found in §54.1-1100 of the Code of Virginia governing the regulation of general contractors.

C. A licensed asbestos contractor shall employ only licensed asbestos supervisors and workers to perform work on any asbestos project.

D. A licensed asbestos contractor shall ensure that a licensed asbestos supervisor is present at each job site while an asbestos project is in progress.

E. Prior to the start of any asbestos project, the licensed asbestos contractor shall:

1. Notify the building or property owner or agent of the owner that a licensed project monitor is required in accordance with the provisions of 18VAC15-20-455.1 and 18VAC15-20-456 to determine that proper work practices are used and compliance with all asbestos laws and regulations is maintained, to collect environmental air samples during the asbestos project, to perform visual inspections of the work area, and to grant final clearance upon completion of the asbestos project.

2. Obtain a written acknowledgment from the owner or agent of the owner that the owner or agent of the owner has been notified of the requirement to secure the services of a licensed asbestos project monitor. Such acknowledgment must include the address of the building where the asbestos project is to take place; the date the work is to be performed; the name, address, and license number of the licensed asbestos contractor performing the work; and evidence that the building or property owner or agent of the owner has received the notification. The initial notification and acknowledgment shall be sufficient for the term of multiple-project service contracts.

3. Conflict of interest situations and relationships between asbestos contractors and asbestos project monitors are set forth in subdivision 2 of 18VAC15-20-453.

Statutory Authority

§§54.1-201 and 54.1-501 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 6, eff. January 2, 2002; amended, Virginia Register Volume 23, Issue 3, eff. December 1, 2006; amended, Volume 24, Issue 17, eff. August 1, 2008.