454 CMR, § 28.08 - Certification of Asbestos Contractors and Licensure of Asbestos Supervisors and Workers

No business, firm, corporation, person or other entity shall enter into, engage in or work at the business of Asbestos Abatement unless such business, firm corporation, person or other entity has been duly certified (business) and licensed (individual) in accordance with 454 CMR 28.08. All persons who perform the functions of Asbestos Workers, Asbestos Supervisors, or Asbestos Contractors at worksites where Asbestos Response Actions are carried out must be licensed pursuant to 454 CMR 28.08 and possess current training certification in the discipline authorized.

All certifications and licenses under 454 CMR 28.08 shall be valid for a period of one year.

(1) Application for Certification. Applicants for Certification as Asbestos Contractors (business) must submit the following to the Director:

(a) A completed application form with attachments as prescribed by the Director, which must, at a minimum, include the following:

1. A list of all names, acronyms or other identifiers by which the applicant does or has done business, the address(es) and telephone number(s) of the business.

2. A list of the states in which the applicant holds, or has held, a license or certification, accreditation, or other approval for Asbestos Work.

3. A list of the names and addresses of all Asbestos Abatement firms or entities in which the Responsible Persons of the applicant have or have had a financial interest or management responsibility.

4. Corporate Articles of Organization and a Certificate of Good Standing issued by the Massachusetts Secretary of the Commonwealth or a business certificate, if applicable, for the asbestos contracting firm of the applicant issued by the city or town where the business is located.

5. A certified and notarized statement by a Responsible Person of the applicant that the applicant has paid all tax obligations current and due to the Commonwealth, including any applicable Unemployment Insurance payments, as of the date of application.

6. A certificate of insurance or a letter of binder from an insurance carrier indicating that the Asbestos Work to be performed by the applicant is covered by a current workers' compensation policy or self-insurance program acceptable to the Commonwealth or a notarized statement that the contractor has no employees. Certificates of Insurance and letters of binder must indicate that the applicant has coverage under Workers Compensation Classification Codes 5472 or 5473.

7. A list of all citations or notices of violation relating to occupational health and safety and environmental protection, including notices of noncompliance, notices of responsibility, notices of intent to assess an administrative penalty, orders, consent orders and court judgments, received by the Responsible Persons of the applicant in the five years prior to the date of application, and the issuing agency or department and final disposition of such citation or notice.

8. A statement made under the penalties of perjury by a Responsible Person of the applicant that all employees to be engaged in Asbestos Work are licensed, or will be licensed prior to any work being performed by them, pursuant to the requirements of 454 CMR 28.00.

9. A list of the names and addresses of all Responsible Persons and managers of the applicant who have primary responsibility for, and control over, Asbestos Work of the applicant.

10. A respiratory protection and worker health and safety program evidencing compliance with 29 CFR Part 1910.134.

11. Written procedures for complying with OSHA or EPA personal and medical monitoring requirements.

(b) Asbestos training certificates indicating that a Responsible Person or manager of the applicant asbestos contractor business listed pursuant to 454 CMR 28.08(1)(a)9. has successfully completed the applicable initial and refresher training requirements for Asbestos Supervisors specified by 454 CMR 28.05(4)(b) or (5). Where an applicant has previously been issued an Asbestos Supervisor License or Training Certification, only those certificates for training that have been received by the Responsible Person since the effective date of the most recently issued Asbestos Contractor Business Certification need be presented. Legible copies of asbestos training certificates may be presented as evidence of successful completion of the required training, except that the training certificate for the most recently received training must be an original. The Director may, at his or her discretion, require the applicant to produce further evidence of having fulfilled the applicable training or Licensure requirements of this subsection, 454 CMR 28.05(4)(b) or (5).

(c) Such other information as the Director may reasonably require.

(d) A fee payable to the Commonwealth of Massachusetts in the amount of the entire annual fee established for such license by M.G.L. c. 7, § 3B, plus any applicable surcharges. A schedule of asbestos and lead licensing fees and surcharges is available from any Department office upon request or the Department's website. If the Director denies, revokes, suspends or refuses to renew a certificate for reasons specified in 454 CMR 28.16, the fee payment is not refundable.

(2) Renewal of an Asbestos Contractor Certificate. The Director may renew an Asbestos Contractor Certificate upon written application for renewal by the license holder. Renewal applications should be submitted to the Department no later than 30 calendar days before the expiration of the current license. The submission of a renewal application later than 30 days before the expiration of the current certificate may result in renewal after the expiration of the current license. Said application for renewal must include submission of the items referenced at 454 CMR 28.08(1)(a) through (d), including a current certificate of training indicating that a Responsible Person or manager of the applicant listed pursuant to 454 CMR 28.05(4)(b) has successfully completed the refresher training requirements for Asbestos Supervisors specified by 454 CMR 28.05(5). Applications may also be filed online on the Department's website.

(3) Licensure of Asbestos Workers and Asbestos Supervisors.

(a) Application for Licensure as an Asbestos Worker. Applicants for Licensure as Asbestos Workers must submit the following:

1. A completed application form with attachments as prescribed by the Director.

2. Proof of Age and Identification. A list of acceptable forms of identification is available from any Department office upon request.

3. Asbestos training certificates indicating that the applicant has successfully completed the applicable initial and refresher training requirements specified by 454 CMR 28.05(4)(a) or (5). Where an applicant has previously been issued an Asbestos Worker License by the Department or the asbestos licensing agency of another state, only those certificates for training that has been received since the effective date of the most recently issued Asbestos Worker License need be presented. Legible copies of asbestos training certificates may be presented as evidence of successful completion of the required training, except that the training certificate for the most recently received training must be an original. License cards must be presented as documentation of past Licensure. The Director may, at his or her discretion, require the applicant to produce further evidence of having fulfilled the applicable training or Licensing requirements of 454 CMR 28.08(3)(a)3., 28.05(4)(a) or 28.05(5).

4. A list of all citations or notices of violation relating to occupational health and safety and environmental protection, including notices of noncompliance, notices of responsibility, notices of intent to assess an administrative penalty, orders, consent orders and court judgments, received by the applicant in the five years prior to the date of application, and the issuing agency or department and final disposition of such citation or notice.

5. Such other information as the Director may reasonably require.

6. A fee payable to the Commonwealth of Massachusetts in the amount of the entire annual fee established for such certificate by M.G.L. c. 7, § 3B, plus any applicable surcharges. A schedule of asbestos and lead licensing fees and surcharges is available from any Department office upon request and at the Department's website. If the Director denies, revokes, suspends or refuses to renew a license for reasons specified in 454 CMR 28.16, the fee payment is not refundable.

(b) Renewal of an Asbestos Worker License. An Asbestos Worker license is valid for a period of one year. The Director may renew an Asbestos Worker license, provided the current license holder makes written application for renewal. Application for renewal should be made no later than seven calendar days before the expiration of the current license. The submission of a renewal application later than seven days before the expiration of the current license may result in renewal after the expiration of the current license. Said application for renewal must include submission of the items referenced at 454 CMR 28.08(3)(a)1. through 6., including a current certificate of refresher training specified by 454 CMR 28.05(5).

(c) Application for Licensure as an Asbestos Supervisor. In accordance with policies of the EPA set forth pursuant to 40 CFR Part 763, Subpart E, Asbestos Supervisors must be fluent in written and spoken English as a condition of Licensure. Applicants for Licensure as Asbestos Supervisors must submit the following:

1. A completed application form with attachments as prescribed by the Director.

2. Proof of Age and Identification. A list of acceptable forms of identification is available from any Department office upon request.

3. Asbestos training certificates indicating that the applicant has successfully completed the applicable initial and refresher training requirements specified by 454 CMR 28.05(4)(b), or 454 CMR 28.05(5). Where an applicant has previously been issued an Asbestos Supervisor Certificate by the Department or the asbestos licensing agency of another state, only those certificates for training that have been received since the effective date of the most recently issued Asbestos Supervisor License need be presented. Legible copies of asbestos training certificates may be presented as evidence of successful completion of the required training, except that the training certificate for the most recently received training must be an original. License cards must be presented as documentation of past Licensure. The Director may, at his or her discretion, require the applicant to produce further evidence of having fulfilled the applicable training or Licensing requirements of 454 CMR 28.08(3)(c)3., 28.05(2), 28.05(4)(b) or 28.05(5).

4. Proof of Licensure as an Asbestos Worker or Asbestos Supervisor for at least six months. License cards must be presented as documentation of past Licensure.

5. A list of all citations or notices of violation relating to occupational health and safety and environmental protection, including notices of noncompliance, notices of responsibility, notices of intent to assess an administrative penalty, orders, consent orders and court judgments, received by the applicant in the five years prior to the date of application, and the issuing agency or department and final disposition of such citation or notice.

6. Such other information as the Director may reasonably require.

7. A fee payable to the Commonwealth of Massachusetts in the amount of the entire annual fee established for such license by M.G.L. c. 7, § 3B, plus any applicable surcharges. A schedule of asbestos and lead licensing fees and surcharges is available from any Department office upon request and at the Department's website. If the Director denies, revokes, suspends or refuses to renew a license for reasons specified in 454 CMR 28.16, the fee payment is not refundable.

(d) Renewal of an Asbestos Supervisor License. An Asbestos Supervisor license is valid for a period of one year. The Director may renew an Asbestos Supervisor license, provided the current license holder makes written application for renewal. Application for renewal should be made no later than seven calendar days before the expiration of the current license. The submission of a renewal application later than seven days before the expiration of the current license may result in renewal after the expiration of the current license. Renewal applications may be submitted electronically at the Department's website or by mail to the Department. Said application for renewal must include submission of the items referenced at 454 CMR 28.08(3)(a) through (e), including a current certificate of refresher training specified by 454 CMR 28.05(5).

(e) Recordkeeping Requirements of Asbestos Contractors and Supervisors.

1. Maintenance, Submission and Retention of Records. Asbestos Contractors shall maintain the records as indicated at 454 CMR 28.08(3)(e)2.a. through k. and make said records available to the Director upon request. Entities shall provide photocopies of such records or documents within ten business days of receipt of a written request from the Director. Records and documents required to be kept by 454 CMR 28.08 shall be retained for a period of 30 years from the date of project or activity completions. Entities or persons ceasing to do business, or relocating the principal place of business shall so notify the Director in writing within 30 days of such event. The Director, on receipt of such notification may instruct that the records be surrendered to the Director, or may specify a repository for such records. The entity or person shall comply with the Director's instructions within 60 days.

2. Central Location. The following records and documents shall be maintained by Asbestos Contractors at the principal place of business:

a. Copies of all written materials required to be submitted for Asbestos Contractor licensure pursuant to 454 CMR 28.08.

b. Certificates of Insurance, or legible copies thereof, documenting the Workers Compensation Insurance coverage carried by the Asbestos Contractor. Certificates of Insurance shall indicate that the applicant has coverage under Workers Compensation Classification Codes 5472 or 5473.

c. Name, address, telephone number, License number and dates of employment of every Asbestos Worker and Supervisor employed by or included within the corporate structure of the Asbestos Contractor.

d. Copies of all asbestos training certificates required by 454 CMR 28.08(3)(a)3. and 454 CMR 28.08(3)(c)3. for every Asbestos Worker and Supervisor utilized by the Asbestos Contractor to perform Asbestos Work.

e. Copies of all Asbestos Worker and Supervisor License cards issued by the Department pursuant to 454 CMR 28.08 for every Asbestos Worker and Supervisor utilized by the Asbestos Contractor to perform Asbestos Work.

f. All records and documents required by 29 CFR 1910.134 and 1926.1101 and any other applicable federal, state or local law, regulation or ordinance.

g. Copies of all contracts awarded for Asbestos Work.

h. Copies of all notifications made by the Asbestos Contractor pursuant to 454 CMR 28.09.

i. Copies of all asbestos analysis and exposure monitoring reports in the possession of the Asbestos Contractor relating to past or present Asbestos Work, including clearance air monitoring reports required by 454 CMR 28.08(3)(e)3.

j. Receipts and documentation of disposal of asbestos waste, showing dates, locations and amounts of asbestos waste disposed, including the identification of the source of the asbestos waste and the transporter (company name or driver name, if an employee of the contractor).

k. Copies of all records required to be maintained on-site by 454 CMR 28.10(3)(e)3.

3. On-site. The following records and documents shall be maintained by the Asbestos Contractor at the asbestos worksite for the duration of the project:

a. A current copy of 454 CMR 28.00. The copy may be available in readable electronic format.

b. A copy of all contract, project design or technical specifications governing the project in the possession of the Asbestos Contractor.

c. A listing of each of the contractors, sub-contractors and consultants on the project.

d. A legible copy of the Massachusetts License card of each Asbestos Worker and each Asbestos Supervisor utilized by the Asbestos Contractor at the worksite.

e. A legible copy of the current certificate of asbestos training of each Asbestos Worker and each Asbestos Supervisor utilized by the Asbestos Contractor at the worksite.

f. The daily sign in/out log required to be maintained by 454 CMR 28.10(4)(a)2.

g. Records of all on-site air monitoring pertaining to the project in the possession of the Asbestos Contractor.

Notes

454 CMR, § 28.08

Adopted by Mass Register Issue 1440, eff. 4/2/2021.