454 CMR 28.00
The removal, containment, maintenance, or encapsulation of asbestos
454 CMR 28.00:
THE REMOVAL, CONTAINMENT, MAINTENANCE, OR ENCAPSULATION OF
ASBESTOS
Section
28.01: Purpose and Scope
28.02: Definitions
28.03: General Requirements
28.04: Worker Protection Requirements
28.05: Certification and Requirements for Certified Training Providers
28.06: Certification and Other Requirements for Asbestos Analytical Services
28.07: Certification of Consulting Service Providers and Individual Asbestos Consultants
28.08: Certification of Asbestos Contractors and Licensure of Asbestos Supervisors and Workers
28.09: Notification of Asbestos Project
28.10: Work Practices and Other Requirements for Asbestos Response Actions
28.11: Requirements and Work Practices for Floor and Wall Asbestos Operations and Maintenance
Projects
28.12: Special Procedures for the Removal of Asbestos Roofing and Siding Materials
28.13: Requirements for Schools Subject to AHERA
28.14: Work Practices for Asbestos Cement Pipe (ACP)
28.15: Recordkeeping
28.16: Administrative License Actions/Denial, Revocation, Suspension or Refusal to Renew a License
28.17: Cease and Desist Orders
28.18: Responsibility for Compliance; Penalties
28.19: Severability
28.20: Fees
28.01: Purpose and Scope
(1) Purpose. 454 CMR 28.00 shall constitute requirements necessary to protect the health and
safety of workers and the general public and establishes:
(a)
Requirements necessary to protect the health and safety of the general public and
persons engaged in, or associated with, the repair, removal, enclosure, encapsulation or
disturbance of asbestos or asbestos-containing material.
(b) Standards of competency, certification and licensure for persons or entities engaged in
or performing repair, removal, enclosure or encapsulation of asbestos or asbestos-containing
material.
(c)
Minimum standards to be used by insurers in the inspection of risk, measurement of
hazards and the determination of adequate and reasonable rates of insurance as prescribed
by the provisions of M.G.L. c. 152, § 65J.
(d)
Standards for the certification and licensure of persons, firms, corporations or other
entities who or which enter into, engage in or work at:
1. The business of repair, removal, enclosure or encapsulation of asbestos or asbestos-
containing material;
2. The business of providing asbestos consulting services, including asbestos inspection
services, asbestos risk assessment and management planning services, asbestos project
design services and asbestos monitoring services;
3.
The business of providing asbestos training where such training is required by
454 CMR 28.00; or
4. The business of providing asbestos analytical services.
(2) Scope. 454 CMR 28.00 applies to:
(a) all work, including construction, demolition, alteration or repair, involving any building
or structure, including those owned or leased by the commonwealth or any of its political
subdivisions or authorities, where such work involves the use or handling of asbestos or
material containing asbestos, including the disposal of materials containing asbestos and
asbestos contaminated waste. 454 CMR 28.00 also applies to asbestos training, consultation
and/or analytical services including, but not limited to:
1. Asbestos inspection and hazard assessment services;
(Mass. Register #1489, 2/17/2023)
2. The preparation of asbestos project designs, asbestos project oversight and/or
monitoring;
3. Asbestos training required by 454 CMR 28.00; and
4. Asbestos analysis performed in connection with any of the above services.
(b) Nothing in 454 CMR 28.00 shall relieve any person from complying with all other
applicable federal, state and local laws and regulations including, but not limited to,
42 U.S.C. § 7412 (Clean Air Act), 40 CFR Part 61, Subpart M (Asbestos National Emission
Standard for Hazardous Air Pollutants), and 310 CMR 7.15: U Asbestos.
(3) Exceptions. The Director of the Department of Labor Standards may grant exceptions to
454 CMR 28.00 in those instances where it is clearly evident that existing conditions prevent
compliance, or where compliance will create an undue hardship, but only in circumstances in
which granting the exception will maintain the protection of the health and safety of workers and
the general public.
Requests for exceptions to 454 CMR 28.00 must be submitted in writing to the Director and
shall specify those provisions of 454 CMR 28.00 for which exceptions are sought, the reasons
for requesting the exceptions and any proposed alternatives to the requirements of 454 CMR
28.00.
Exceptions granted by the Director may contain expiration dates otherwise they shall remain
in force until rescinded.
(4) Alternative Methods. The Director shall have the authority to allow the use of
newly-developed techniques, methods, or equipment that provide a level of protection for
workers and the general public that equals or exceeds that specified by 454 CMR 28.00.
(5) Non-traditional Asbestos Abatement Work Practices. A person may apply to the
Massachusetts Department of Environmental Protection to utilize Non-traditional Asbestos
Abatement Work Practices that result in the need to deviate from normal work practices per of
310 CMR 7.15: U Asbestos.
(6) Right of Entry. Pursuant to M.G.L. c. 149, §§ 6, 6A, 10 and 17, the Director or the
Director's authorized representative(s) shall have the right of entry to any work site, place of
employment or other location for the purpose of conducting investigations or inspections of that
worksite or associated records.
(7) Regulations Incorporated. The following rules and regulations of the United States
Environmental Protection Agency are hereby incorporated by reference:
(a) Asbestos-containing Materials in Schools Rule; 40 CFR Part 763, Subpart E;
(b) Asbestos-containing Materials in Schools Rule; 40 CFR Part 763, Appendix C through
Subpart E, Asbestos Model Accreditation Plan; and
(c) Asbestos Worker Protection Rule; 40 CFR Part 763, Subpart G.
28.02: Definitions
For the purpose of 454 CMR 28.00, the following definitions shall apply:
Accessible. Material that is subject to disturbance by building occupants or custodial or
maintenance personnel in the course of their normal activities.
Accredited or Accreditation. Accredited in accordance with Title II of the Toxic Substance
Control Act (TSCA), § 206, and the Department of Labor Standards.
Adequately Wet. To sufficiently mix or penetrate with liquid to reduce the release of
particulates. If visible emissions are observed coming from asbestos-containing material, then
that material has not been adequately wetted.
Aggressive Method. Removal or disturbance of building material by sanding, abrading, grinding
or other method that breaks, crumbles, or disintegrates intact ACM. When referring to clearance
air sampling means to actively disturb air and dust to test for possible presence of asbestos.
AHERA. The Asbestos Hazard Emergency Response Act, 15 U.S.C. § 2641 et seq., and the
regulations promulgated thereunder, including 40 CFR Part 763.
Air Erosion. The passage of air over friable asbestos-containing material (ACM) which may
result in the release of asbestos fibers.
Amended Water. Water to which a surfactant (wetting agent) has been added to increase the
ability of the liquid to penetrate ACM.
Asbestos. The asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite,
actinolite, and any of these minerals that has been chemically treated and/or altered. For
purposes of 454 CMR 28.00, Asbestos includes Presumed Asbestos Containing Material
(PACM), as defined in 454 CMR 28.02: Asbestos Containing Material (ACM).
Asbestos Abatement. Any activity which has as its principal purpose the removal, enclosure or
encapsulation of asbestos-containing material.
Asbestos Analytical Services. Services involving the identification or measurement of asbestos
in materials including, but not limited to:
(a) The counting or enumeration of asbestos fibers in the air (air monitoring); and
(b) The identification and quantification of asbestos in materials (bulk sample analysis),
where such analyses are performed in connection with any asbestos hazard assessment,
building inventory, exposure measurement, abatement project or associated project.
Asbestos Analytical Service Supervisor. A person so designated pursuant to 454 CMR 28.06,
who is jointly responsible, along with other responsible persons, if any, of a certified asbestos
analytical service for the adherence to the applicable analytical protocols, the maintenance of
proper quality control procedures and the accuracy of the analytical results.
Asbestos Associated Project. Work operation involving the disturbance of three or fewer linear
feet of asbestos located on pipes, ducts or wires or three or fewer square feet of asbestos
surfacing located on structures or components other than pipes, ducts or wires and which does
not have as its principal purpose the removal, enclosure or encapsulation of asbestos or asbestos
containing material. Such activity shall include, but not be limited to, general building
maintenance, electrical and low voltage wiring, plumbing, carpentry, masonry, HVAC and
heating service.
Asbestos Associated Project Worker. Any person who has successfully completed the training
specified in 454 CMR 28.05(8) and whose work is limited to Asbestos Associated Projects.
Asbestos Consultants. Licensed persons who perform design, oversight or assessment functions
in asbestos abatement or asbestos hazard control, including asbestos inspectors, management
planners, project designers and project monitors.
Asbestos Consulting Service. Advice, analysis or assistance relating to one or more of the
following: asbestos inspection, asbestos risk assessment, asbestos management planning,
asbestos project design or asbestos project monitoring.
Asbestos Consulting Service Provider. Any firm corporation business or entity who or which
has a valid certificate issued by the Commonwealth pursuant to 454 CMR 28.07(1) for the
purpose of entering into or engaging in the business of asbestos consulting services.
Asbestos Containing Material (ACM):
(a) Any material containing more than one percent asbestos, as determined by the methods
set forth at 454 CMR 28.06(7) or any other method approved or recognized by the EPA for
asbestos bulk sample analysis; or
(b) Any material designated as an asbestos-containing material by the EPA.
Asbestos Containing Waste (ACW). Any ACM removed during a demolition or renovation
project and anything contaminated with asbestos in the course of a demolition or renovation
project including, but not limited to, asbestos waste from control devices including filters, bags
or containers that previously contained asbestos, contaminated clothing, materials used to
enclose the work area during the demolition or renovation operation, and demolition or
renovation debris.
Asbestos Contractor. Any certified firm, corporation, business or other entity who performs,
engages in or otherwise works at the business of Asbestos Abatement.
Asbestos Debris. Pieces of ACM and PACM that can be identified by color, texture, or
composition, or dust, if the dust is determined by an accredited inspector to be ACM.
Asbestos Inspector. A licensed person who identifies, assesses the condition of, or collects
pre-abatement samples of asbestos-containing materials.
Asbestos Management Planner. A licensed person who uses data gathered by asbestos inspectors
to assess asbestos hazards, determine appropriate response actions and develop implementation
plans.
Asbestos Project Designer. A licensed person who determines how asbestos abatement work
should be conducted by preparing plans, designs, procedures, work scope or other substantive
direction or criteria.
Asbestos Project Design. A site specific written work plan describing the means and methods
for asbestos removal, enclosure, encapsulation or repair projects that exceed three linear or
square feet of asbestos containing material in facilities, required for facilities subject to AHERA.
The Project Design will describe the types, quantities and locations of ACM affected, and any
specific characteristics related to the work site, and must be developed and signed by a licensed
Project Designer.
Asbestos Project Monitor. A licensed person who:
(a) Collects air and bulk samples and performs visual inspections for the purpose of
determining asbestos project completion;
(b) Collects environmental asbestos air samples for the purpose of assessing present or
future potential for exposure to airborne asbestos; or
(c) Functions as the on-site representative of the facility owner or other persons by
overseeing the activities of the asbestos contractor.
Asbestos Response Action. Any work operation involving the disturbance of more than three
linear feet of friable asbestos on or in pipes, ducts or wires or more than three square feet of
friable asbestos on or in structures or components other than pipes, ducts or wires.
Asbestos Supervisor. A licensed individual or agent of a licensed asbestos abatement entity
having managerial or supervisory authority over asbestos workers with responsibility for the
completion of asbestos response actions or portions thereof.
Asbestos Training Provider. Certified firms, corporations or other entities who enter into,
engage in or work at the business of providing asbestos training.
Asbestos Work. The business of repair, removal, enclosure or encapsulation of asbestos or
asbestos containing material in a facility.
Asbestos Worker. A licensed person not acting as a supervisor who performs asbestos work as
an employee, or who performs such work under the direction and control of another, with or
without compensation.
Category I Non-friable Asbestos-containing Building Material. Asbestos-containing packings,
gaskets, resilient floor coverings, and asphalt roofing products containing more than 1% asbestos
as determined using the method specified in EPA 600/R-93/116, or equivalent.
Category II Non-friable Asbestos-containing Building Material. Any material excluding
Category I non-friable ACM containing more than 1% asbestos as determined using the method
specified in EPA 600/R-93/116, or equivalent, which when dry cannot be crumbled, pulverized
or reduced to powder by hand pressure.
Cease and Desist Order. An order issued by the Director closing any work site where the
Director determines that violations of a work place standard concerning the protection of the
occupational health and safety of workers or the general public or of any standard or requirement
of licensure/certification exist.
Certificate. A document issued by the Department:
(a) Permitting an individual (sole proprietor) or entity to engage in activities pertaining to
asbestos abatement, asbestos analysis, asbestos training or asbestos consultation work;
(b) Permitting an Asbestos Contractor to engage in the activities set forth in 454 CMR
28.02: Asbestos Contractor;
(c) Permitting an Asbestos Training Provider to offer the training specified for the licensure
or certification of persons engaging in asbestos abatement work regulated by 454 CMR
28.00; or
(d) Permitting an Asbestos Analytical Service to offer and perform asbestos analysis.
Certification. The issuance of a certificate pursuant to 454 CMR 28.00 authorizing a firm,
corporation or business entity to engage in activities pertaining to asbestos work, including
consultation activities, abatement removal or encapsulation of ACM, training, or asbestos
analysis.
Class I Asbestos Work. Activities involving the removal of TSI and surfacing ACM and PACM.
Class II Asbestos Work. Activities involving the removal of ACM which is not thermal system
insulation or surfacing material. This includes, but is not limited to, the removal of
asbestos-containing wallboard, floor tile and sheeting, roofing and siding shingles, and
construction mastics.
Class III Asbestos Work. Activities that constitute repair and maintenance operations, where
"ACM", including TSI and surfacing ACM and PACM, is likely to be disturbed.
Class IV Asbestos Work. Maintenance and custodial activities during which employees contact,
but do not disturb, ACM or PACM and activities to clean up dust, waste and debris resulting
from Class I, II, and III activities.
Clean Room. An uncontaminated room having facilities for the storage of employees' street
clothing and uncontaminated materials and equipment.
Clearance Air Monitoring. Air monitoring conducted by a licensed asbestos project monitor at
the conclusion of an asbestos response action which is used in combination with visual
inspection to assess adequacy of cleanup and project completion.
Competent Person. One who is capable of identifying existing asbestos hazards in the workplace
and selecting the appropriate control strategy for asbestos exposure and who has the authority
to take prompt corrective measures to eliminate them. In addition, for Class I and Class II work,
a Competent Person is one who is specially trained in a course which meets the criteria of EPA's
Model Accreditation Plan (40 CFR Part 763) for supervisor, or its equivalent, and, for Class III
and Class IV work, one who is trained in a 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)
or 454 CMR 28.13(8). Such training must be approved and conducted by a DLS Certified
Asbestos Training Provider.
Containment. As defined in 454 CMR 28.02: Enclosure.
Critical Barrier. Work area preparation enclosure consisting of at least one layer of plastic
sheeting sealed over all openings into a work area or any other similarly placed physical barrier
sufficient to prevent airborne asbestos in a work area from migrating to an adjacent area.
Cutting. To penetrate with a sharp-edged instrument and includes sawing, but does not include
shearing, slicing, or punching.
Damaged ACM. ACM which has deteriorated or sustained physical injury or where the ACM
has delaminated from its bond to the substrate. Such damage or deterioration may be illustrated
by the separation of ACM into layers; separation of ACM from the substrate; flaking, blistering,
or crumbling of the ACM surface; water damage; significant or repeated water stains, scrapes,
gouges, mars or other signs of physical injury on the ACM. Asbestos debris originating from
the ACM in question may also indicate damage.
Decontamination Area. An enclosed area adjacent and/or connected to the regulated area per
454 CMR 28.10(4)(b)5. and consisting of an equipment room, shower area, and clean room,
which is used for the decontamination of workers, materials, and equipment that are
contaminated with asbestos.
Demolition. The wrecking or taking out of any load-supporting structural member of a facility
together with any related handling operations or the intentional burning of any facility.
Department. The Massachusetts Department of Labor Standards, as established by M.G.L. c. 23,
§§ 1 and 11A.
Designated Person. A person appointed by the Local Education Agency (LEA), under 40 CFR
763.84(g), or 454 CMR 28.13(1)(b), who is trained to ensure the proper implementation of
AHERA in school buildings.
Director. The Director of the Massachusetts Department of Labor Standards or his or her
designee.
Disturbance. A physical disruption of the matrix of an asbestos-containing material or PACM
which predisposes the material to fiber release or the generation of asbestos-containing dust or
debris.
Emergency Project. Any asbestos project necessary to protect or preserve life or property from
imminent harm, damage or deterioration, or is necessary to protect equipment from damage, or
is necessary to avoid imposing an unreasonable financial burden as determined by the Director.
Emergency Project includes operations necessitated by non-routine failures of equipment.
Employee Exposure. Employee exposure to asbestos.
Encapsulation. The application of a coating or liquid sealant to asbestos-containing material to
reduce the tendency of the material to release fibers.
Enclosure. The covering or wrapping of friable asbestos-containing material in, under or behind
air-tight barriers.
Engage. The phrase "engage in . . . the business of Asbestos Abatement, Consultation, Training,
or Analytical Service" includes, but is not limited to, advertising Asbestos services, offering
advice or training and/or submitting bids for projects where the majority of the contract-value
is represented by requirements authorized by 454 CMR 28.00.
Entity. Any partnership, firm, association, corporation, sole proprietorship or any other business
concern, state or local government agency or institution or political subdivisions or authorities
thereof, or any religious, social or union organization, whether operated for profit or otherwise.
EPA. The United States Environmental Protection Agency.
Equipment Room and/or (Change Room). A contaminated room located within the
decontamination area that is supplied with impermeable bags or containers for the disposal of
contaminated protective clothing and equipment.
Facility. Any building or structure including, but not limited to, those used for institutional,
residential, commercial or industrial purposes, single family homes and vessels while ashore or
in dry dock, and any associated equipment.
Facility Component. Any part of a facility including, but not limited to, any equipment, pipe,
duct, boiler, tank, turbine, furnace, building material, insulation, load supporting and non-load
supporting structural member, or non-structural member at the facility including Asbestos
Cement Pipe (AC Pipe).
Fiber. A particulate form of asbestos, 5 micrometers or longer, with a length-to-width ratio of
at least 3 to 1.
Fiber Release Episode. Any uncontrolled or unintentional disturbance of ACM resulting in
visible emission.
Friable. A material that when dry, may be crumbled, pulverized, or reduced to powder by hand
pressure, and includes previously non-friable 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.
Friable Asbestos-containing Material (Friable ACM). Any material containing more than 1%
asbestos, which when dry may be crumbled, pulverized, or reduced to powder by hand pressure,
or that has been subjected to sanding, grinding, cutting, or abrading or has been crumbled,
shattered, or pulverized by mechanical means such as, but not limited to, the use of excavators,
bulldozers, heavy equipment, or power and/or hand tool. Friable Asbestos-containing Material
includes non-friable asbestos-containing material after such previously non-friable material
becomes damaged or disturbed to the extent that when dry it may be crumbled, pulverized, or
reduced to powder by hand pressure, or that has been subjected to sanding, grinding, cutting, or
abrading or has been crumbled, shattered, or pulverized by mechanical means such as, but not
limited to, the use of excavators, bulldozers, heavy equipment, or power and/or hand tool. The
characteristic of friability shall apply to the asbestos material and is not influenced or affected
by coverings, coatings or other means of separating asbestos materials by hand
Functional Space. A room, group of rooms, or homogeneous area (including crawl spaces or the
space between a dropped ceiling and the floor or roof deck above), such as classroom(s), a
cafeteria, gymnasium, hallway(s), designated by a person licensed to prepare management plans,
design abatement projects, or conduct response actions.
Glove Bag. A manufactured plastic bag-type of enclosure with built in gloves, which is placed
with an air tight seal around a facility component that permits asbestos-containing material in
or on the Facility Component to be removed without releasing asbestos fibers into the air
Grinding. To reduce to powder or small fragments and includes mechanical grating, chipping
or drilling.
HEPA Filtration. High efficiency particulate air filtration capable of filtering 0.3 micron
particles with 99.97% efficiency.
HEPA Vacuum. A vacuum cleaner which has been designed with a high-efficiency particulate
air (HEPA) filter as the last filtration stage. A HEPA filter is a filter that is capable of capturing
particles of 0.3 microns with 99.97% efficiency. The vacuum cleaner must be HEPA rated and
designed so that all the air drawn into the machine is expelled through the HEPA filter with none
of the air leaking past it.
High-efficiency Particulate Air (HEPA) Filter. A filter capable of trapping and retaining at least
99.97% of all mono-dispersed particles of 0.3 micrometers in diameter.
Homogeneous Area. An area of surfacing material, thermal system insulation material, or
miscellaneous material that is uniform in size, color and texture and was applied at
approximately the same time.
Inspection. Any activity undertaken in a facility or location for the purpose of determining the
presence, location and/or condition of asbestos-containing material or PACM, whether by visual
or physical examination and/or by the collection of samples of such material. Inspection includes
recordkeeping performed in connection with such asbestos inspection activities and
re-inspections of friable and non-friable asbestos-containing material, but does not include the
following:
(a) Periodic surveillance of the type described in 40 CFR Part 763.92(b) solely for the
purpose of recording or reporting a change in the condition of known or assumed asbestos-
containing material;
(b) Inspections performed by employees or agents of federal, state or local government
solely for the purpose of determining compliance with applicable statutes;
(c) Visual inspections of the type described in 40 CFR Part 763.90(i) that are conducted
solely for the purpose of determining completion of asbestos response actions; or
(d) Sampling conducted by an employer or his or her agent immediately in advance of a
work operation that would disturb a material of unknown asbestos content, where the sole
purpose of the sampling is to determine potential worker or occupant exposure to asbestos.
Intact. Not having been made friable by mechanical action including, but not limited to,
crumbling, pulverization, abrading, grinding, sawing, sanding, and not deteriorated to an extent
where asbestos fibers contained within the material are no longer bound by the matrix of the
material and not otherwise deteriorated.
License. One of the following documents issued by the Department:
(a) Permitting an individual to engage in activities pertaining to asbestos consulting
activities including project monitoring, inspection, management planning, and project design;
(b) Permitting an Asbestos Supervisor to engage in the activities set forth in 454 CMR
28.02: Asbestos Supervisor; or
(c) Permitting an Asbestos Worker to engage in the activities set forth in 454 CMR
28.02: Asbestos Worker.
Licensure. The issuance of a license pursuant to 454 CMR 28.00 authorizing an individual to
engage in activities pertaining to asbestos abatement, asbestos analysis, or asbestos consultation
work.
Local Education Agency (LEA). A local Education Agency includes any of the following:
(a) Any local educational agency as defined in the Elementary and Secondary Education Act
of 1965, § 198 (20 U.S.C. 6301, et seq.).
(b) The owner of any nonpublic, nonprofit elementary or secondary school building.
(c) The governing authority of any school operated under the defense dependent's education
system provided for under the Defense Dependents' Education Act of 1978 (20 U.S.C. 921,
et seq.).
Major Fiber Release Episode. Any uncontrolled, intentional or unintentional disturbance of
asbestos-containing material which produces visible debris, or emission and which:
(a) Involves the disturbance of:
1. More than three linear feet of friable asbestos-containing material on or in pipes,
ducts or wires; or
2. More than three square feet of asbestos-containing material on or in structures or
components other than pipes, ducts or wires.
(b) Produces an amount of asbestos-containing material (ACM) not smaller than a three foot
glove bag or that which cannot be contained by a single 60-inch x 60-inch glove bag of
conventional manufacture.
Management Plans. Plans that are required to be developed for any facility subject to AHERA,
and include, but are not limited to:
(a) An inspection report with general building description;
(b) Hazards assessments of all ACM and assumed ACM;
(c) Identification of any ACM or assumed ACM remaining in the building;
(d) Detailed written descriptions of response actions appropriate for the ACM identified;
(e) An Operations & Maintenance (O&M) program; and
(f) Evaluation of resources needed to implement the response actions and O&M.
Minor Fiber Release Episode. Any uncontrolled, intentional or unintentional disturbance of
asbestos-containing material which produces visible debris, or emission and which:
(a) Involves the disturbance of:
1. Three or fewer linear feet of friable asbestos-containing material on or in pipes, ducts
or wires; or
2. Three or fewer square feet of asbestos-containing material on or in structures or
components other than pipes, ducts or wires; and
(b) Produces an amount of asbestos-containing material which can be contained by a single
60-inch x 60-inch glove bag of conventional manufacture.
Miscellaneous ACM. Miscellaneous material that is ACM in a facility, including a school
building.
Miscellaneous Material. Interior building material on structural components, structural members
or fixtures, such as floor and ceiling tiles, but does not include surfacing material or thermal
system insulation.
NIOSH. The National Institute of Occupational Safety and Health.
NIST. The National Institute of Standards and Technology.
Non-friable. Material which when dry may not be crumbled, pulverized, or reduced to powder
by hand pressure.
Non-friable Asbestos-containing Materials (Non-friable ACM). Any material which contains
more than 1% asbestos bound by a matrix which cannot, when dry, be crumbled, pulverized, or
reduced to powder by hand pressure and that has not been subjected to sanding, grinding, cutting,
or abrading and has not been crumbled, shattered, or pulverized by mechanical means such as,
but not limited to, the use of excavators, bulldozers, heavy equipment, or power and/or hand tool.
The class of non-friable asbestos-containing materials that typically includes, but is not limited
to: asbestos cement pipe; sheathing siding and shingles; vinyl asbestos building materials, such
as floor tiles; and asphaltic asbestos building materials, including asphaltic asbestos shingles and
felts.
Operations and Maintenance (O&M) Program. A formulated plan of training, cleaning, work
practices, and surveillance to maintain asbestos-containing materials (ACM) within facilities in
good condition. The goal is to minimize exposure of all building occupants to asbestos fibers.
To accomplish this objective, an O&M program includes work practices to:
(a) Maintain asbestos-containing material in intact condition;
(b) Ensure cleanup of asbestos fibers previously released;
(c) Prevent further release by minimizing disturbance or damage to asbestos-containing
materials during renovation, maintenance, cleaning and general facility operations; and
(d) Provide for the long-term surveillance of actual or potential asbestos hazards in a
facility.
Operations and Maintenance Work. Repair and maintenance work for buildings not subject to
454 CMR 28.13 (AHERA) and does not exceed ten square feet or 25 linear feet of material
subject to 454 CMR 28.11.
Operations and Maintenance Worker. Any person who has successfully completed the training
specified at 454 CMR 28.05(8).
OSHA. The Occupational Safety and Health Administration of the United States Department
of Labor.
Owner/Operator. (Reserved)
Person. (Reserved)
Personal Exposure Monitoring. The collection of air samples from the breathing zone of a
person performing asbestos work for the purpose of determining that person's level of exposure
to airborne asbestos fibers.
Phase Contrast Microscopy (PCM). The procedure outlined in NIOSH Method 7400 for the
evaluation of fibers in air samples.
Planned Renovation Operations. A renovation operation, or a number of such operations, in
which some RACM will be removed or stripped within a given period of time and that can be
predicted. Individual nonscheduled operations are included if a number of such operations can
be predicted to occur during a given period of time based on operating experience
Polarized Light Microscopy (PLM). Refers to EPA 600/R-93/116 or equivalent.
Potential for Damage. Circumstances in which either applies:
(a) ACM is in an area regularly used by building occupants, including maintenance
personnel, in the course of their normal activities.
(b) There are indications that there is a reasonable likelihood that the material or its
covering will become damaged, deteriorated, or delaminated due to factors such as changes
in building use, changes in operations and maintenance practices, changes in occupancy, or
recurrent damage.
Potential for Significant Damage. Circumstances in which any apply:
(a) ACM is in an area regularly used by building occupants, including maintenance
personnel, in the course of their normal activities.
(b) There are indications that there is a reasonable likelihood that the material or its
covering will become significantly damaged, deteriorated, or delaminated due to factors such
as changes in building use, changes in operations and maintenance practices, changes in
occupancy, or recurrent damage.
(c) The material is subject to major or continuing disturbance, due to factors including, but
not limited to, accessibility or, under certain circumstances, vibration or air erosion.
Presumed Asbestos Containing Material (PACM). Building materials that potentially contain
asbestos until such a time that the material is tested and found to be non-asbestos containing. The
material is "presumed" to contain asbestos unless it is demonstrated, in accordance with this
standard, that PACM does not contain asbestos.
Preventive Measures. Actions taken to reduce disturbance of ACM or otherwise eliminate the
reasonable likelihood of the material's becoming damaged or significantly damaged.
Private Residence. A facility used exclusively for residential purposes containing three or fewer
living units.
Regulated Asbestos Containing Material (RACM). Includes any of the folowing:
(a) Friable ACM;
(b) Category I non-friable ACM that has become friable;
(c) Category I non-friable ACM that will be or has been subjected to sanding, grinding,
cutting, or abrading; or
(d) Category II non-friable ACM that has a high probability of becoming or has become
crumbled, pulverized, or reduced to powder by the forces expected to act on the material in
the course of demolition or renovation operations.
Renovation. Altering a facility or one or more facility components in any way, including the
stripping or removal of ACM from a facility component. Operations in which load-supporting
structural members are wrecked or taken out are "demolitions".
Repair. Overhauling, rebuilding, reconstructing, or reconditioning by sealing patching, enclosing
or encapsulating structures or substrates, including encapsulation or other repair of ACM or
PACM attached to structures or substrates intended to prevent fiber release.
Resilient Floor Covering. Floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor
covering.
Response Action. A method, including removal, encapsulation, enclosure, repair, and operation
and maintenance that protects human health and the environment from ACM.
Responsible Person(s). Persons having management control over the entity or employer. In the
case of a corporation, the responsible person(s) shall be officers of the corporation and any other
managing agent(s) of such corporation. In the case of a sole proprietorship or a partnership, the
responsible person(s) shall be the owners or partners and any other managing agent(s) of such
sole proprietorship or partnership.
Routine Maintenance Area. An area, such as a boiler room, storage room, custodial area or
mechanical room, that is not normally frequented by students and in which maintenance
employees or contract workers regularly conduct maintenance activities.
Sampling. The process of obtaining representative portions of materials suspected of containing
asbestos, including the taking of bulk portions of materials for analysis to determine
composition, and the collection of air for the purposes of measuring asbestos content.
School. Any elementary or secondary school as defined in the Elementary and Secondary
Education Act of 1965, § 198 (20 U.S.C. § 6301, et seq.).
School Building. Includes each of the following:
(a) Any structure suitable for use as a classroom, including a school facility such as a
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 School Building(a), (b), or (c).
(e) Any portico or covered exterior hallway or walkway.
(f) Any exterior portion of a mechanical system used to condition interior space.
Significantly Damaged ACM. Damaged ACM where the damage is extensive and severe and
10
includes material with one or more of the following characteristics: Damage over more than /
1
of the surface if the damage is distributed, or more than ¼ if the damage is localized. Asbestos
debris originating from the ACM in question may also indicate significant damage.
Small-scale Asbestos Project. Any work operation involving the disturbance of:
(a) three or fewer linear feet of friable asbestos on or in pipes, ducts or wires; or
(b) three or fewer square feet of friable or non-friable asbestos on or in structures or
components other than pipes, ducts or wires.
Small-scale, Short-duration Activities (SSSD). 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. SSSD includes tasks such as,
but not limited to:
(a) Removal of asbestos-containing insulation on pipes;
(b) Removal of small quantities of asbestos-containing insulation on beams or above
ceilings;
(c) Replacement of an asbestos-containing gasket on a valve. Installation or removal of a
small section of drywall;
(d) Installation of electrical conduits through or proximate to asbestos-containing materials;
(e) Removal of small quantities of ACM only if required in the performance of another
maintenance activity not intended as asbestos abatement;
(f) Removal of asbestos-containing thermal system insulation not to exceed amounts greater
than that which can be contained in a single glove bag;
(g) Minor repairs to damaged thermal system insulation which do not require removal; or
(h) Repairs to a piece of asbestos-containing wallboard.
State. The Commonwealth of Massachusetts
State of the Art. The latest and most sophisticated or advanced stage of technology or science
that is generally accepted by, and applied to the fields of asbestos abatement, asbestos consulting,
asbestos analysis and asbestos training. State of the art practices and procedures shall be in
accordance with applicable state and federal regulations, professional standards generally
recognized by the asbestos consulting industry and asbestos professional associations, and in
accordance with current practices taught by Certified Training Providers.
Surfacing Material. Material in a building that is sprayed-on, troweled-on, or otherwise applied
to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural
members, or other materials on surfaces for acoustical, fireproofing, or other purposes containing
more than 1% asbestos
Thermal System Insulation (TSI). ACM in a building applied to pipes, fittings, boilers,
breeching, tanks, ducts, or other interior structural components to prevent heat loss or gain, or
water condensation, or for other purposes.
Transmission Electron Microscopy (TEM). The method outlined in 40 CFR Part 763, Appendix
A through Subpart E, for the identification of asbestos in air samples.
Vibration. The periodic motion of ACM which may result in the release of asbestos fibers.
Visible Debris. Any visually detectable particulate residue, such as dust, dirt or other extraneous
material emission which may or may not contain asbestos.
Work Area. The area or location where asbestos abatement or asbestos-associated work is being
performed including, but not limited to, areas used for accessing the location where asbestos
work is being performed; areas used for the storage of equipment or materials related to asbestos
work; and such other areas of a facility or location that the Director determines to be hazardous
to the health and safety of workers and the general public as a result of such asbestos work.
Work Practices. The minimum standards, procedures or actions taken or used for repair,
removal, enclosure or encapsulation of asbestos, or for renovation, demolition, maintenance or
repair of facilities containing asbestos. Work Practices also includes the minimum standards,
procedures or actions taken or used by persons engaged in inspection, analysis, risk assessment
or other activities relating to asbestos work.
Working Day. Monday through Friday, excluding holidays that fall on Monday through Friday.
28.03: General Requirements
(1) Worker Protection. The requirements of the OSHA Asbestos Construction Standard,
29 CFR Part 1926.1101, including paragraphs (f), (h), (i) and (m), and other applicable OSHA
standards shall apply to the personal protection and medical monitoring of employees, including
employees of the Commonwealth or any of its political subdivisions, who perform work subject
to these regulations. In addition, in accordance with 454 CMR 28.08(3)(d), Asbestos Contractors
must maintain as records the results of all personal exposure monitoring, respirator fit testing and
medical examinations required by 29 CFR Part 1926 and other applicable OSHA standards as
a condition of licensure. Violations of OSHA regulations pertaining to worker protection may
be referred to OSHA for enforcement action. The personal protection and medical monitoring
of employees of the Commonwealth and its political subdivisions and other persons exempted
from enforcement by federal OSHA must be in accordance with the provisions of 454 CMR
28.04, and M.G.L. c. 149, § 6½, which the Department enforces. Responsibility for compliance
with such worker protection requirements rests with the employer and the Responsible Person(s)
designated thereby.
(2) Requirements for the Use of Personnel.
(a) Persons engaged in Asbestos Work subject to 454 CMR 28.00 shall only perform or be
assigned to perform those tasks authorized by 454 CMR 28.00. Performance of unauthorized
tasks or functions shall be cause for administrative license action, civil penalty, or both.
(b) Persons must be at least 18 years of age or older to perform any Asbestos Work subject
to 454 CMR 28.00 or to receive licensure in any asbestos-related discipline pursuant to
454 CMR 28.00.
(3) Requirement to Abate Asbestos Hazards. Asbestos-containing Materials that would be
disturbed during the course of Asbestos-associated Work must be abated prior to the
commencement of such work.
(4) Requirement for Schools to Comply with AHERA. Public and nonpublic elementary and
secondary schools (K-12) shall comply with MA-AHERA found at 454 CMR 28.13.
28.04: Worker Protection Requirements
(1) Personal Exposure Monitoring. The employer must conduct personal exposure monitoring
on all employees who perform Asbestos Abatement, Asbestos Associated Project Work and
Operations and Maintenance Work, in accordance with OSHA Asbestos Regulations at 29 CFR
Part 1926.1101, or EPA Asbestos Regulations at 40 CFR Part 763, Subpart G, and
M.G.L. c. 149, §§ 6, and 6½, as applicable.
(2) Respiratory Protection.
(a) The employer must provide respiratory protection as specified at 29 CFR Part
1926.1101(h).
(b) Where powered air purifying respirators are used, a supply of charged replacement
batteries, HEPA (NIOSH N, R or P 100) filters and flow test meters must be available at the
worksite.
(c) Person(s) performing glove bag work and cleanup of Minor Fiber Release Episodes must
wear a half-mask, dual cartridge, and HEPA filtered respirator (N, R or P 100) as the
minimum level of respiratory protection.
(d) When negative air pressure respirators are used, they must be properly fit tested in
accordance with OSHA Asbestos Regulations 29 CFR Part 1926.1101, using protocols
detailed in Appendix C of that document.
(3) Protective Clothing and Equipment.
(a) The employer must provide all employees who perform Asbestos Abatement, Asbestos
Associated Project Work or Operations and Maintenance Work with full-body disposable
clothing consisting of material impermeable by asbestos fibers, and other equipment as
required by the OSHA Asbestos Regulations at 29 CFR Part 1926.1101, and M.G.L. c. 149,
§§ 6 and 6½, as applicable.
(b) Nonskid footwear must be provided to employees where slipping hazards exist.
Disposable protective clothing must be adequately sealed to the footwear to prevent
contamination.
(c) Employees must be provided with eye protection, gloves and hard hats, as required by
OSHA Asbestos Regulations at 29 CFR Part 1926.1101, and M.G.L. c. 149, §§ 6, and 6½
as applicable.
(4) Medical Monitoring. The employer must provide employees engaged in Asbestos
Abatement, Asbestos Associated Project Work or Operations and Maintenance Work with the
medical monitoring specified by OSHA Asbestos Regulations at 29 CFR Part 1926.1101(m).
Physical examinations must be given by a board eligible/licensed occupational health physician
or by a licensed physician with known expertise in occupational health. Persons other than
licensed physicians who administer the pulmonary function testing must have completed a
training course in spirometry sponsored by an appropriate academic or professional institution.
All X-rays shall be classified only by a B-Reader, a board eligible/certified radiologist, or an
experienced physician with known expertise in pneumoconiosis.
28.05: Certification and Requirements for Certified Training Providers
All training for Asbestos Associated Project Workers, Workers, Supervisors, Project
Monitors, Inspectors, Management Planners and Project Designers conducted within the
boundaries of Massachusetts shall be conducted only by Certified Training Providers.
Training Requirement for Reciprocity of Courses. Training must be provided by an EPA or
Authorized State Training Provider in order to be considered for reciprocity and must be in
substantial compliance with the content and time requirements set forth in 454 CMR 28.05.
(1) Advertising of Training and Refresher Courses.
(a) A training provider may not advertise a course as one approved by the Department until
such approval is granted;
(b) A training provider may not include any false or misleading information regarding the
contents, instructors, or number of classroom hours of any course approved under 454 CMR
28.05; and
(c) Once approved, the training provider shall use the course number in the course syllabus,
in all other course materials used in connection with the course, and in all written advertising
materials used in connection with the course.
(2) Licensed Asbestos Training Providers Must Perform the following as a Condition of
Certification.
(a) Notify the Director, in writing, at least ten days prior to the commencement of any
asbestos training course for which Licensure is required by 454 CMR 28.00, with the course
title, location and anticipated start and end dates of said course.
(b) Notify the Director, in writing, of any changes in the start and end dates, course content,
training methods, facilities, etc., which would alter the course of instruction from that
originally submitted for Certification. (Minor changes in agenda, such as guest speakers, if
otherwise qualified, and course schedule, are acceptable.)
(c) Notify the Director prior to the cancellation of any course.
(d) Verify the identity of each person who requests training by requiring that the applicant
submit a form of government-issued, pictured identification. A list of acceptable
identification is available at the Department’s website.
(e) Where the applicant is requesting refresher training, verify that no more than one year
has elapsed since the expiration date of the applicable initial or refresher training certificate
most recently issued to the applicant.
(f) Require each person who receives training to sign in and out of each training session by
completing the appropriate entries in a sign-in/out log at the time of each entry and exiting
of the training area. Said sign-in/out log must include printed name, signature,
Massachusetts License Number, where applicable, and the time of each entry or exiting.
(g) Require each person who completes the course and takes the examination required by
454 CMR 28.05(4)(a) through (f) and 454 CMR 28.05(5) to sign their examination answer
sheet.
(h) Issue a training certificate to each student who successfully completes the asbestos
training course. Said original training certificates must include the following:
1. A unique certificate number;
2. Name of student;
3. License number of student, if available;
4. Discipline of the training course completed and course number;
5. Dates and duration of the training course;
6. Date of the examination;
7. Name of the lead instructor;
8. An expiration date of one year after the date upon which the person successfully
completed the course and examination;
9. The name, address, telephone number, and license of the training provider that issued
the certificate; and
10. A statement that the person receiving the certificate has completed the requisite
training for asbestos accreditation under TSCA Title II.
(i) Certificates issued after July 1, 2021, must include a photophraph of the student on the
face of the training certificate.
(j) Maintain the training records as required by 454 CMR 28.05(2)(r).
(k) Utilize and distribute information and training materials furnished by the Department.
(l) Provide written course materials, oral instruction and written examinations only in
language in which each student is fluent, except that said written course materials, oral
instruction and written examinations for Asbestos Supervisors and all Asbestos Consultant
Disciplines must be in English, in accordance with EPA regulations and policies.
Obtain separate approval from the Department for each language in which courses will
be conducted.
(m) Within five calendar days after the conclusion of each initial and refresher training
course, provide to the Director: the title of the course; the date(s) on which the course was
provided; the location where the course was given; the name, address, and Social Security
Number of each student who successfully completed the course; the examination score of
each person who took the course and the serial number of the training certificate issued to
each student.
(n) Allow auditing inspections of approved training courses by the Director or his or her
representative. Applicants from outside the Commonwealth shall, at the Department's
option, bear the costs to the Department for one course audit per year for each course for
which approval is granted pursuant to 454 CMR 28.05. Said costs shall include two-way
travel, food and lodging expenses for one individual for the entire length of each course.
(o) Refresher courses shall be conducted as separate and distinct courses and not combined
with any other training during the period of the refresher course. For each discipline, the
refresher course shall review and discuss changes in Federal, State, and local regulations,
developments in state-of-the-art procedures, and a review of key aspects of the initial training
course as determined by the State. After completing the annual refresher course, persons
shall have their accreditation extended for an additional year from the date of the refresher.
(p) Grace Period. Where an initial or refresher training certificate has expired, the holder
shall have a grace period of one year from the date of expiration of said training certificate
in which to take another refresher training course in the same discipline in lieu of re-taking
the applicable initial course of training. This grace period does not apply to licenses or
applications submitted to the Department.
(q) Any person who has successfully completed Asbestos-associated Project Worker
training previously required by 454 CMR 28.00 prior to April 2, 2021 shall not be required
to take another initial training course to fulfill his or her initial training requirements for
participation in Operations and Maintenance Projects. Persons desiring to participate in
Operations and Maintenance Projects shall have received the initial training specified at
454 CMR 28.05(8) and, where more than five years have elapsed since the date of the
previous training, the refresher training specified by 454 CMR 28.05(8)(e) shall be required.
The refresher training requirements of the OSHA Asbestos Standard 29 CFR Part 1926.1101
shall also apply to the training of Asbestos Operations and Maintenance Workers.
(r) Certified Training Providers shall maintain records for 15 years for the following
documentation:
1. Copies of all written materials required to be submitted with the application for
certification and course approval by 454 CMR 28.05;
2. Copies of all pre-course notifications required to be filed by 454 CMR 28.05 with
applicable course agendas;
3. Copies of all post-course notifications required by 454 CMR 28.05, including the
name, address, telephone number, Social Security Identification Number and final
examination score of each person who completed each course;
4. A copy of the certificate of completion of each student passing the course; and
5. The name, business address and telephone number of the person(s) who proctored the
examinations.
(3) Provisions for Virtual Training Courses.
(a) Virtual courses shall only be approved for Training Providers already approved and who
conduct in-person training. Separate approval is required for each type of virtual training a
Training Provider intends to conduct.
(b) Training Providers must continue to offer in-person training even after virtual training
is approved.
(c) Training Providers must submit a separate application for each course they intend to
conduct as virtual training.
(d) Virtual training shall meet the requirements and conditions of 454 CMR 28.05(1)
and (2).
(e) Training Providers shall include a Department login with password with their pre-course
notification as required under 454 CMR 28.05(2)(a) and (b) to allow for course audits. Initial
approval for a virtual course will be provisional until the Department has audited the course
and given full approval.
(f) Training Providers shall have systems in place that authenticate the identity of the
students taking the training and their eligibility to enroll in the course. Student authentication
must be provided by or obtained from the student submitting personal and sensitive
information to the training provider such as name, address, social security number, date of
birth, license number, email address and/or special question and answer combination. That
information may then be requested prior to beginning the virtual training, and at intermittent,
designated intervals during the training. The Department recommends that appropriate
encryption technologies be employed to protect sensitive user information. Such systems
will help to deter fraud, including the falsification of student identity.
(g) Students must provide a self-attestation verifying identity and certifying they will not
conduct fraud, cheat, or otherwise undermine the integrity of the course and test.
(h) A unique identifier must be assigned to each student for them to launch and relaunch
the course.
(i) The Training Provider must track each student's course log-ins, launches, progress, and
completion, and maintain these records in accordance with 454 CMR 28.05(2)(r).
(j) Training Providers must have systems in place that reduce opportunities for fraud,
cheating or other actions that would undermine the integrity of the training.
(k) Virtual training must meet the same requirements as in-person training as listed in
454 CMR 28.05(4) and (5).
(l) Virtual training must be conducted in real time by a live instructor using real time web
conferencing and audio.
Video and audio recordings typically used during an in-person training to augment
learning may be used for online training as well.
(m) The instructor and students must have their cameras and microphones enabled.
1. The instructor must be seen and heard by all students.
2. The instructor must be able to see and hear all students.
3. Should there be an interruption of the instructor's camera or audio the course must
be paused until they can both be restored.
4. Any student who loses camera or audio during the course will not receive credit for
that portion of the course.
(n) Virtual courses may only be used for the portion of a course that does not require
hands-on training. Hands-on training, where required, must be performed in-person.
(o) Any test of hands-on skills shall be conducted in-person.
(p) A final written test for virtual courses shall be provided and students required to pass
as listed in 454CMR 28.05(6) and (7).
(q) Virtual final tests shall be conducted in a manner to prevent use of notes, cheating or
other actions that would undermine the integrity of the testing process.
1. Tests shall be timed.
2. The instructor shall be able to monitor each student taking the test.
(r) The Department requires training providers to issue course evaluations for their virtual
courses to help determine the strengths and weaknesses of such courses and to promote
continuous improvement.
(s) Virtual, web based, or online training courses provided in other states shall not meet
requirements for reciprocity.
(t) Training certificates issued after completion of a virtual course will only be accepted
from Training Providers certified by the Department.
(4) Massachusetts Specific Model Accreditation Plan (MAP) Training Requirements. The
following sections describe the course content for asbestos training as set forth at 40 CFR Part
763, Appendix C: Subpart E - Asbestos Model Accreditation Plan, and includes specific training
required by Massachusetts and its regulations. Initial Training Courses and Curriculum:
(a) Workers. Asbestos abatement worker course (initial) shall include a minimum of four
training days with a minimum of 14 hours of hands-on training, including individual
respirator fit testing. The training course shall address the following topics:
1. Physical Characteristics of Asbestos. Identification of asbestos, aerodynamic
characteristics, typical uses, and physical appearance, and a summary of abatement
control options.
2. Potential Health Effects Related to Asbestos Exposure. The nature of asbestos
related diseases; 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 periods for asbestos related diseases; a discussion of the relationship of
asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancer of other organs.
3. 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 face piece 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); the components of a proper respiratory protection
program; selection and use of personal protective clothing; use, storage, and handling of
non-disposable clothing; and regulations covering personal protective equipment.
4. 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 working techniques for minimizing fiber release; use of
wet methods; use of negative pressure exhaust ventilation equipment; use of
high-efficiency particulate air (HEPA) vacuums; proper clean up 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.
5. Personal Hygiene. Entry and exit procedures for the work area; use of showers;
avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area;
and potential exposures, such as family exposure.
6. 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, scaffold and ladder hazards, slips, trips, and
falls, and confined spaces.
7. Medical Monitoring. OSHA and EPA Worker Protection Rule requirements for
physical examinations, including a pulmonary function test, chest X-rays, and a medical
history for each employee.
8. Air Monitoring. Procedures to determine airborne concentrations of asbestos fibers,
focusing on how personal air sampling is performed and the reasons for it.
9. Relevant Federal, State and local regulatory requirements, procedures, and standards.
With particular attention directed at relevant EPA, OSHA, and State regulations
concerning asbestos abatement workers.
10. Establishment of respiratory protection programs.
11. Role of other licensed asbestos professionals.
12. Course Review. A review of key aspects of the training course.
(b) Supervisors. Asbestos Supervisor course (initial) shall include a minimum of five
training days with a minimum of 14 hours of hands-on training, including individual
respirator fit testing. Hands-on training must permit supervisors to have actual experience
performing tasks associated with asbestos abatement. The training course shall address the
following topics:
1. The Physical Characteristics of Asbestos and Asbestos-containing Materials.
Identification of asbestos, aerodynamic characteristics, typical uses, physical appearance,
a review of hazard assessment considerations, and a summary of abatement control
options.
2. Potential Health Effects Related to Asbestos Exposure. The nature of asbestos
related diseases; routes of exposure; dose response relationships and the lack of a safe
exposure level; synergism between cigarette smoking and asbestos exposure; and latency
period for diseases.
3. 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 face piece 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); the components of a proper respiratory protection
program; selection and use of personal protective clothing; and use, storage, and handling
of non-disposable clothing; and regulations covering personal protective equipment.
4. 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 working techniques for minimizing fiber release; use of
wet methods; use of negative pressure exhaust ventilation equipment; use of HEPA
vacuums; and proper clean up and disposal procedures. Work practices for removal,
encapsulation, enclosures, and repair of ACM; emergency procedures for unplanned
releases; potential exposure situations; transport and disposal procedures; and
recommended and prohibited work practices. New abatement-related techniques and
methodologies may be discussed.
5. Personal Hygiene. Entry and exit procedures for the work area; use of showers; and
avoidance of eating, drinking, smoking, and chewing (gum or tobacco) in the work area.
Potential exposures, such as family exposure, shall also be included.
6. 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, scaffold and ladder hazards, slips, trips and
falls, and confined spaces.
7. Medical Monitoring. OSHA and EPA Worker Protection Rule requirements for
physical examinations, including a pulmonary function test, chest X-rays and a medical
history for each employee.
8. Air Monitoring. Procedures to determine airborne concentrations of asbestos fibers,
including descriptions of aggressive air sampling, sampling equipment and methods,
reasons for air monitoring, types of samples and interpretation of results. EPA
recommends that transmission electron microscopy (TEM) be used for analysis of final
air clearance samples, and that sample analysis be performed by laboratories accredited
by the National Institute of Standards and Technology's (NIST) National Voluntary
Laboratory Accreditation Program (NVLAP).
9. Relevant Federal, State, and local regulatory requirements, procedures, and standards,
including:
a. Requirements of TSCA Title II, including 40 CFR Part 763, Subpart E (AHERA).
b. National Emissions Standards for Hazardous Air Pollutants (40 CFR Part 61),
Subparts A (General Provisions) and M (National Emission Standard for Asbestos).
c. OSHA standards for permissible exposure to airborne concentrations of asbestos
fibers and respiratory protection (29 CFR 1010.1001 and 29 CFR 1910.134).
d. OSHA Asbestos Construction Standard (29 CFR 1926.1101).
e. EPA Worker Protection Rule, (40 CFR Part 763, Subpart G).
f. Requirements of the Department and the Massachusetts Department of
Environmental Protection (MassDEP) relating to asbestos.
10. Respiratory Protection Programs and Medical Monitoring Programs.
11. Insurance and Liability Issues. Contractor issues; worker's compensation coverage
and exclusions; third-party liabilities and defenses; insurance coverage and exclusions.
12. Recordkeeping for Asbestos Abatement Projects. Records required by Federal,
State, and local regulations; records recommended for legal and insurance purposes.
13. Supervisory Techniques for Asbestos Abatement Activities. Supervisory practices
to enforce and reinforce the required work practices and discourage unsafe work
practices.
14. Role of other licensed asbestos professionals.
15. Contract Specifications. Discussions of key elements that are included in contract
specifications.
16. Course Review. A review of the key aspects of the training course.
(c) Inspectors. Asbestos Inspector course (initial) shall include a minimum of three days
of training as outlined in 454 CMR 28.05(4)(c)1. through 15. The course shall include
lectures, demonstrations, four hours of hands-on training, individual respirator fit-testing,
course review, and a written examination. The inspector training course shall adequately
address the following topics:
1. Background Information on Asbestos. Identification of asbestos, and examples and
discussion of the uses and locations of asbestos in buildings; physical appearance of
asbestos.
2. Potential Health Effects Related to Asbestos Exposure. The nature of asbestos
related diseases; 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 periods for asbestos related diseases; a discussion of the relationship of
asbestos exposure to asbestosis, lung cancer, mesothelioma, and cancer of other organs.
3. Functions/Qualifications and Role of Inspectors. Discussions of prior experience and
qualifications for inspectors and management planners; discussions of the functions of
a licensed inspector as compared to those of a licensed management planner; discussion
of inspection process including inventory of ACM and physical assessment.
4. Role of other licensed asbestos professionals.
5. 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 policy clauses; state liability
insurance requirements; bonding and the relationship of insurance availability to bond
availability.
6. Understanding Building Systems. The interrelationship between building systems,
including: an overview of common building physical plan layout; heat, ventilation and
air conditioning (HVAC) system types, physical organization, and where asbestos is
found on HVAC components; building mechanical systems, their types and organization,
and where to look for asbestos on such systems; inspecting electrical systems, including
appropriate safety precautions; reading blueprints and as built drawings.
7. Public/Employee/Building Occupant Relations. Notifying employee organizations
about the inspection; 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.
8. 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; consultation 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.
9. Inspecting for Friable and Non-friable ACM and Assessing the Condition of Friable
ACM. Procedures to follow 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;
assessing damage, significant damage, potential 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
factors.
10. Bulk Sampling/Documentation of Asbestos. Detailed discussion of the "Simplified
Sampling Scheme for Friable Surfacing Materials (EPA 560/5 85 030a October 1985
"EPA Pink Book")"; 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 control and quality assurance procedures.
EPA's recommendation that all bulk samples collected from school or public and
commercial buildings be analyzed by a laboratory accredited under the NVLAP
administered by NIST.
11. 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 face piece 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); the components of a proper
respiratory protection program; selection and use of personal protective clothing; use,
storage, and handling of non-disposable clothing.
12. 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 examples of
ACM condition; information required for inclusion in the management plan required for
school buildings under AHERA, § 203 (i)(1). EPA recommends that States develop and
require the use of standardized forms for recording the results of inspections in schools
or public or commercial buildings, and that the use of these forms be incorporated into
the curriculum of training be conducted for licensure.
13. Regulatory Review. The following topics should be covered: National Emission
Standards for Hazardous Air Pollutants (NESHAP; 40 CFR Part 61, Subparts A and M);
EPA Worker Protection Rule (40 CFR Part 763, Subpart G); OSHA Asbestos
Construction Standard (29 CFR Part 1926.1101); OSHA respirator requirements (29
CFR Part 1910.134); the Asbestos Containing Materials in Schools rule (40 CFR Part
763, Subpart E); applicable State and local regulations, and differences between Federal
and State requirements where they apply, and the effects, if any, on public and non-public
schools or commercial public buildings.
14. 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 of field exercise.
15. Course Review. A review of key aspects of the training course.
(d) Management Planners. Asbestos Management Planner course (initial) shall include a
minimum of three days of inspector training as outlined above and two days of management
planner training. Possession of current and valid inspector training certificate shall be a
prerequisite for admission to the management planner training. The management planner
training course shall adequately address the following topics:
1. Course Overview. The role and responsibilities of the management planner;
operations and maintenance programs; setting work priorities; protection of building
occupants.
2. Evaluation/Interpretation of Survey Results. Review of AHERA requirements for
inspection and management plans for school buildings as given in AHERA § 203(i)(1);
interpretation of field data and laboratory results; and comparison of field inspector's data
sheet with laboratory results and site survey.
3. Hazard Assessment. Amplification of the difference between physical assessment
and hazard assessment; the role 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; assessment
of friable ACM; relationship of accessibility, vibration sources, use of adjoining space,
and air plenums and other factors to hazard assessment.
4. Legal Implications. Liability; insurance issues specific to planners; liabilities
associated with interim control measures, in house maintenance, repair, and removal; and
use of results from previously performed inspections.
5. Evaluation and Selection of Control Options. Overview of encapsulation, enclosure,
interim operations and maintenance, and removal; advantages and disadvantages of each
method; response actions described via a decision tree or other appropriate method; work
practices 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.
6. Role of Other Professionals. Use of industrial hygienists, engineers, and architects
in developing technical specifications for response actions; any requirements that may
exist for architect sign off of plans; team approach to design of high-quality job
specifications.
7. Role of Other Licensed Asbestos Professionals.
8. 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
renovations in areas with ACM; boiler room maintenance; disposal of ACM; in house
procedures for ACM bridging and penetrating encapsulant; 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).
9. Regulatory Review. Focusing on the OSHA Asbestos Construction Standard found
at 29 CFR 1926.1101; the National Emission Standard for Hazardous Air Pollutants
(NESHAP) found at 40 CFR Part 61, Subparts A (General Provisions) and M (National
Emission Standard for Asbestos); EPA Worker Protection Rule found at 40 CFR Part
763, Subpart G; AHERA; applicable State regulations.
10. Recordkeeping for the Management Planner. Use of field inspector's data sheet
along with laboratory results; ongoing recordkeeping as a means to track asbestos
disturbance; procedures for recordkeeping. EPA recommends that States require the use
of standardized forms for purposes of management plans and incorporate the use of such
forms into the initial training course for management planners.
11. Assembling and Submitting the Management Plan. Plan requirements in AHERA;
the management plan as a planning tool.
12. Financing Abatement Actions. Economic analysis and cost estimates; development
of cost estimates; present costs of abatement versus future operations and maintenance
costs.
13. Course Review. A review of key aspects of the training course.
(e) Project Designers. Asbestos Project Designer course (initial) shall include a minimum
of three days of training as outlined below. The project designer course shall include
lectures, demonstrations, a field trip, course review and a written examination. The
abatement project designer training course shall adequately address the following topics:
1. Background Information on Asbestos. Identification of asbestos; examples and
discussion of the uses and locations of asbestos in buildings; physical appearance of
asbestos.
2. Potential Health Effects Related to Asbestos Exposure. Nature of asbestos-related
diseases; 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 for asbestos related diseases; a discussion of the relationship between asbestos
exposure and asbestosis, lung cancer, mesothelioma, and cancers of other organs.
3. 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).
4. Safety System Design Specifications. Design, construction, and maintenance of
containment 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 practices as they apply to encapsulation, enclosure, and repair; use of glove bags
and a demonstration of glove bag use.
5. 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.
6. 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 face piece 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); the components of a proper respiratory protection
program; selection and use of personal protective clothing; use, storage, and handling of
non-disposable clothing.
7. 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.
8. Fiber Aerodynamics and Control. Aerodynamic characteristics of asbestos fibers;
importance of proper containment barriers; settling time for asbestos fibers; wet methods
in abatement; aggressive air monitoring following abatement; and aggressive air
movement and negative-pressure exhaust ventilation as a clean-up method.
9. Designing Abatement Solutions. Discussions of repair, removal, enclosure, and
encapsulation methods; and asbestos waste disposal.
10. Final Clearance Process. Discussion of the need for a 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. Department regulations
regarding final clearance process.
11. Budgeting/Cost Estimating. Development of cost estimates; present costs of
abatement versus future operation and maintenance costs; setting priorities for abatement
jobs to reduce cost.
12. 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; modification of guide specifications for a particular
building; worker and building occupant health/medical considerations; and replacement
of ACM with non-asbestos containing substitutes.
13. 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
of preparing abatement drawings; diagraming containment barriers; relationship of
drawings to design specifications; and particular problems related to abatement drawings.
14. Contract Preparation and Administration.
15. Legal/Liabilities/Defenses. Insurance considerations; bonding; hold-harmless
clauses; use of abatement contractor's liability insurance; and claims made versus
occurrence policies.
16. Replacement. Replacement of asbestos with asbestos free substitutes.
17. Role of Other Consultants. Development of technical specification sections by
industrial hygienists or engineers; and the multi-disciplinary team approach to abatement
design.
18. Role of Other Licensed Asbestos Professionals.
19. Occupied Buildings. Special design procedures required in occupied buildings;
education of occupants; extra monitoring recommendations; staging of work to minimize
occupant exposure; and scheduling of renovation to minimize exposure.
20. Relevant Federal, State and local regulatory requirements, procedures and standards
including, but not limited to:
a. Requirements of TSCA Title II, including 40 CFR Part 763, Subpart E (AHERA).
b. National Emission Standards for Hazardous Air Pollutants, (40 CFR Part 61)
Subparts A (General Provisions) and M (National Emission Standard for Asbestos).
c. OSHA Respirator Standard found at 29 CFR 1910.134.
d. EPA Worker Protection Rule found at 40 CFR Part 763, Subpart G.
e. OSHA Asbestos Construction Standard found at 29 CFR 1926.1101.
f. OSHA Hazard Communication Standard found at 29 CFR 1926.1200.
g. Requirements of the Department and the Mass DEP relating to asbestos.
h. Course Review. A review of key aspects of the training course.
(f) Project Monitors. Asbestos Project Monitor course (initial) shall include a minimum of
five days of training covering the topics outlined below. The course outlined in 454 CMR
28.05(4)(f)1. through 15. consists of lectures and demonstrations, at least six hours of
hands-on training, course review, and a written examination. The hands-on training
component might be satisfied by having the student simulate participation in or performance
of any of the relevant job functions or activities (or by incorporation of the workshop
component described in item "n" below of this unit). The project monitor training course
shall adequately address the following topics:
1. Roles and Responsibilities of the Project Monitor. Definition and responsibilities of
the project monitor, including regulatory/specification compliance monitoring, air
monitoring, conducting visual inspections, and final clearance monitoring.
2. Characteristics of Asbestos and Asbestos-containing Materials. Typical uses of
asbestos; physical appearance of asbestos; review of asbestos abatement and control
techniques; presentation of the health effects of asbestos exposure, including routes of
exposure, dose-response relationships, and latency periods for asbestos-related diseases.
3. Federal Asbestos Regulations. Overview of pertinent EPA regulations, including:
NESHAP, 40 CFR Part 61, Subparts A and M; AHERA, 40 CFR Part 763, Subpart E;
and the EPA Worker Protection Rule, 40 CFR Part 763, and Subpart G. Overview of
pertinent OSHA regulations, including Construction Industry Standard for Asbestos,
29 CFR 1926.1101; Respirator Standard, 29 CFR 1910.134; and the Hazard
Communication Standard, 29 CFR 1926.1200. Applicable State and local asbestos
regulations; and regulatory interrelationships.
4. Understanding Building Construction and Building Systems. Building construction
basics, building physical plan layout; understanding building systems (HVAC, electrical,
etc.); layout and organization; where asbestos is likely to be found on building systems;
and renovations and the effect of asbestos abatement on building systems.
5. Asbestos Abatement Contracts, Specifications, and Drawings. Basic provisions of
the contract; relationships between the principal parties, establishing chain of command;
types of specifications, including means and methods, performance, and proprietary and
nonproprietary; reading and interpreting records and abatement drawing; discussion of
change orders; and common enforcement responsibilities and authority of project
monitor.
6. Asbestos Response Actions and Abatement Practices. Pre-work inspections; pre-
work considerations, precleaning of the work area, removal of furniture, fixtures, and
equipment; shutdown/modification of building systems; construction and maintenance
of containment barriers, proper demarcation of work areas; work area entry/exit, hygiene
practices; determining the effectiveness of air filtration equipment; techniques for
minimizing fiber release, wet methods, continuous cleaning; abatement methods other
than removal; abatement area clean-up procedures; waste transport and disposal
procedures; and contingency planning for emergency response.
7. Asbestos Abatement Equipment. Typical equipment found on an abatement project;
air filtration devices, vacuum systems, negative pressure differential monitoring; HEPA
filtration units, theory of filtration, design/construction of HEPA filtration units,
qualitative and quantitative performance of HEPA filtration units, sizing the ventilation
requirements, location of HEPA filtration units, qualitative and quantitative tests of
containment barrier integrity; and best available technology.
8. Personal Protective Equipment. Proper selection of respiratory protection; classes
and characteristics of respirator types, limitations of respirators; proper use of other
safety equipment, protective clothing selection, use, and proper handling, hard/bump
hats, safety shoes; breathing air systems, high pressure v. low pressure, testing for Grade
D air, and determining proper backup air volumes.
9. Air Monitoring Strategies. Sampling equipment, sampling pumps (low v. high
volume), flow regulating devices (critical and limiting orifices), use of fibrous aerosol
monitors on abatement projects; sampling media, types of filters, types of cassettes, filter
orientation, storage and shipment of filters; calibration techniques, primary calibration
standards, secondary calibration standards, temperature/pressure effects, frequency of
calibration, recordkeeping and field work documentation, calculations; air sample
analysis, techniques available and limitations of AHERA on their use, transmission
electron microscopy (background to sample preparation and analysis, air sample
conditions which prohibit analysis, EPA's recommended technique for analysis of final
air clearance samples), phase contrast microscopy (background to sample preparation,
and AHERA's limits on the use of phase contrast microscopy), what each technique
measures; analytical methodologies, AHERA TEM protocol, NIOSH 7400, OSHA
reference method (non-clearance), EPA recommendation for clearance (TEM); sampling
strategies for clearance monitoring, types of air samples (personal breathing zone v.
fixed-station area) sampling location and objectives (pre-abatement, during abatement,
and clearance monitoring), number of samples to be collected, minimum and maximum
air volumes, clearance monitoring (post-visual-inspection) (number of samples required,
selection of sampling locations, period of sampling, aggressive sampling, interpretations
of sampling results, calculations), quality assurance; special sampling problems, crawl
spaces, acceptable samples for laboratory analysis, and sampling in occupied buildings
(barrier monitoring).
10. Safety and Health Issues Other than Asbestos. Confined-space entry, electrical
hazards, fire and explosion concerns, ladders and scaffolding, heat stress, air
contaminants other than asbestos, fall hazards, and hazardous materials on abatement
projects.
11. Conducting Visual Inspections. Inspections during abatement, visual inspections
using ASTM E1368 Standard Practice for Visual Inspection of Asbestos Abatement
Projects; conducting inspections for completeness of removal; and discussion of "how
clean is clean?"
12. Role of Other Licensed Asbestos Professionals.
13. Legal Responsibilities and Liabilities of Project Monitors. Specification
enforcement capabilities; regulatory enforcement; licensing; and powers delegated to
project monitors through contract documents.
14. Recordkeeping and Report Writing. Developing project logs/daily logs (what
should be included, who sees them); final report preparation; and recordkeeping under
Federal regulations.
15. Workshops (six hours spread over three days). Contracts, specifications and
drawings: This workshop could consist of each participant being issued a set of
contracts, specifications, and drawings and then being asked to answer questions and
make recommendations to a project architect, engineer or to the building owner based on
given conditions and these documents.
Air monitoring strategies/asbestos abatement equipment: This workshop could
consist of simulated abatement sites for which sampling strategies would have to be
developed (i.e., occupied buildings, industrial situations). Through demonstrations and
exhibition, the project monitor may also be able to gain a better understanding of the
function of various pieces of equipment used on abatement projects (air filtration units,
water filtration units, negative pressure monitoring devices, sampling pump calibration
devices, etc.).
Conducting visual inspections: This workshop could consist, ideally, of an
interactive video in which a participant is "taken through" a work area and asked to make
notes of what is seen. A series of questions will be asked which are designed to stimulate
a person's recall of the area. This workshop could consist of a series of two or three
videos with different site conditions and different degrees of asbestos contamination.
(5) Refresher Training. For all disciplines, annual refresher training as a requirement for
relicensing as indicated in 454 CMR 28.05(5)(a) through (f):
(a) Workers. One full day (eight hours) of refresher training.
(b) Contractor/Supervisors. One full day (eight hours) of refresher training.
(c) Inspectors. Half day (four hours) of refresher training.
(d) Management Planners. ½ day (four hours) of inspector refresher training and ½ day
(four hours) of refresher training for management planners.
(e) Project Designers. One full day (eight hours) of refresher training.
(f) Project Monitors. One full day (eight hours) of refresher training.
The refresher courses shall be specific to each discipline. Refresher courses shall be
conducted as separate and distinct courses and not combined with any other training during
the period of the refresher course. For each discipline, the refresher course shall review and
discuss changes in Federal, State, and local regulations, developments in state-of-the-art
procedures, and a review of key aspects of the initial training course as determined by the
DLS. After completing the annual refresher course, persons shall have their license extended
for an additional year from the date of the refresher course.
(6) MAP Initial Course Examinations. The following are the requirements for examination in
each initial MAP discipline:
(a) Worker. 50 multiple-choice questions;
(b) Contractor/Supervisor. 100 multiple-choice questions;
(c) Inspector. 50 multiple-choice questions;
(d) Management Planner. 50 multiple-choice questions;
(e) Project Designer. 100 multiple-choice questions;
(f) Project Monitor. 100 multiple-choice questions.
(7) MAP Refresher Course Examinations.
(a) Training providers shall determine successful completion of a refresher course by
conducting a written examination consisting of 25 questions at the conclusion of the course.
(b) For all of the above courses; a score of 70% or higher shall be considered passing.
(8) Requirements for Operations and Maintenance Training (O&M) and Single Specialized
Materials (Class II and III ) Work.
(a) Asbestos 16-hour Operations & Maintenance (Class III OSHA).
1. Initial training for maintenance workers involved in general maintenance and
asbestos material repair tasks. The course agenda includes: physical characteristics of
asbestos; potential health effects related to asbestos exposure; federal and state
regulations; proper asbestos-related work practices; respirator user, care, and fit testing;
protective clothing; hands-on exercises; and proper decontamination procedures. This
course fulfills training requirements for Asbestos Associated Project Worker, OSHA
Class III work, OSHA Competent Person for Classes III and IV, and AHERA O&M. The
course shall be 16 hours in length with a written examination consisting of 25 multiple
choice questions. A score of 70% or higher shall be considered passing. Training
certificates shall be issued on an annual basis.
2. Initial training for Asbestos Operations and Maintenance Workers may be given on
non-consecutive days, provided that the entire course of instruction is given within a
two-week period.
3. Single Specialized Material Training for Roofing, Flooring, Siding and Joint
Compounds may be provided in accordance with OSHA training requirements.
4. Refresher training for asbestos O&M workers including review of topics originally
presented in the initial course is required annually. This course features a presentation
of new developments in government regulations, state-of-the-art work practices and
asbestos abatement industry standards. The course shall be 4 hours in length with a
written multiple-choice examination consisting of 25 questions; a score of 70% or above
shall be considered passing.
(b) Class III Asbestos Work (16-hour). Repair and maintenance operations, where ACM,
including TSI and surfacing ACM and PACM is likely to be disturbed. Course
Topics/Agenda:
1. History, Types and Use of Asbestos and Asbestos Containing Materials;
2. Health Hazards of Asbestos Exposure;
3. OSHA, EPA and State Regulatory Requirements;
4. Other Safety and Health Hazards;
5. Medical Surveillance Program;
6. Respiratory Protection/Fit Testing;
7. Respiratory Care, Use and Maintenance;
8. Personal Protective Equipment;
9. Glove Bag and Mini-enclosure Removal Demonstration;
10. Class III Control Measures and Work Practices;
11. State-of-the-art equipment and practices;
12. Setup of dust tight barriers and small-scale containments;
13. Containment Clean up and decontamination;
14. Personal Hygiene;
15. HEPA Vacuum use, care and maintenance; and
16. Course Review.
17. Refresher Training must be completed within five years; there is no grace period.
Such training shall be four hours in duration.
18. Successful completion of the course shall be determined by written examination
consisting of 25 multiple choice questions at the conclusion of the course. A grade of
70% or higher shall be considered passing for both initial and refresher training.
(c) Class IV Asbestos Work (2-hour) - Maintenance and custodial activities during which
employees contact, but do not disturb, ACM or PACM, and activities to clean up dust, waste
and debris resulting from Class I, II, and III Activities.
a. Refresher Training must be completed within five years; there is no grace period.
Such training shall be 2 hours in duration.
b. Successful completion of the course shall be determined by written examination
consisting of 25 multiple choice questions at the conclusion of the course. A grade of
70% or higher shall be considered passing for both initial and refresher training.
(d) For all training performed under 454 CMR 28.05, a training certificate shall be issued
to each student who successfully completes the asbestos training course. Said original
training certificates must include the following:
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 of five years after the date upon which the person successfully
completed the course and examination; and
7. The name, address, and telephone number of the training provider that issued the
certificate.
(e) Refresher Training within five years shall be ½ day (four hours) in duration. There is
no grace period.
(f) Written multiple choice exam of 25 questions with a passing grade of 70% or above for
initial and refresher training.
(9) The Asbestos Pipe Specialized Initial Training shall consist of:
(a) Eight hours training to include hands-on training.
(b) The training course shall address at least the following topics:
1. Types and uses of asbestos and identification of the material;
2. The nature of asbestos-related diseases and routes of exposure;
3. Applicable federal and state regulations regarding asbestos;
4. Proper techniques for cutting and removing asbestos-cement pipe, including a review
of Proper use of respirator/PPE;
5. Pipe cutting demonstration(s) and pipe wrapping hands-on activity;
6. Proper final visual inspection and waste disposal procedures; and
7. Review of MassDEP's related reporting forms.
(c) Refresher Training must be completed within five years and shall be ½ day (four hours)
in duration. There is no grace period. Successful completion of the course shall be
determined by written examination consisting of 25 multiple choice questions at the
conclusion of the course. A grade of 70% or higher shall be considered passing for both
initial and refresher training
28.06: Certification and Other Requirements for Asbestos Analytical Services
(1) Scope of Services. Businesses or persons who provide, engage in or work at the business
of providing Asbestos Analytical Services must be duly certified pursuant to 454 CMR 28.06
prior to engaging in such work and must otherwise comply with the requirements of 454 CMR
28.06. Certified Asbestos Analytical Services may only engage in and provide those services for
which they are certified. Separate certification is granted for each class of Asbestos Analytical
Service, as set forth at 454 CMR 28.06(2)(a) through (d).
(2) Applicants for certification as providers of Asbestos Analytical Services shall receive
separate approval to provide the services listed at 454 CMR 28.06(2)(a) through (d).
(a) Class A Certification holders shall be authorized to use polarized light microscopy
(PLM) for the analysis of bulk asbestos samples originating in all facilities and locations
subject to the requirements of 454 CMR 28.00, including school buildings and other facilities
subject to the requirements of MA AHERA 454 CMR 28.13.
(b) Class B Certification holders shall be authorized to use polarized light microscopy
(PLM) for the analysis of bulk asbestos samples originating in all facilities and locations
subject to the requirements of 454 CMR 28.00, except school buildings and other facilities
subject to the requirements of MA AHERA 454 CMR 28.13.
(c) Class C Certification holders shall be authorized to use phase contrast microscopy
(PCM) for the analysis of air samples originating in all facilities and locations subject to the
requirements of 454 CMR 28.00, including school buildings and other facilities subject to
the requirements of MA AHERA 454 CMR 28.13.
(d) Class D Certification holders shall be authorized to use transmission electron
microscopy (TEM) for the analysis of air and bulk asbestos samples originating in all
facilities and locations subject to the requirements of 454 CMR 28.00, including school
buildings and other facilities subject to the requirements of MA AHERA 454 CMR 28.13.
(3) Application for Certification as a Provider of Asbestos Analytical Services. Applicants for
certification as providers of Analytical Services shall submit the following to the Director:
(a) A completed application form with attachments as prescribed by the Director, which
shall, 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, and the address(es) and telephone number(s) of the business.
2. The type(s) of approval/certification listed at 454 CMR 28.06(2)(a) through (d) for
which the applicant is applying.
3. A list of the states in which the applicant holds, or has held, a license or certification,
accreditation, or other approval for Asbestos Analytical Services.
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 Analytical Service 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 as of the date
of application.
6. A certificate of insurance or a letter of binder from an insurance carrier indicating that
the 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 Asbestos Analytical Service has no employees.
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 list of the names and addresses of all persons designated as Asbestos Analytical
Service Supervisors of the Asbestos Analytical Service pursuant to 454 CMR 28.06(4)(a)
and (b).
9. A listing of all Responsible Persons and employees of the applicant who will be
performing asbestos analysis.
10. Legible copies of certificates of training or other training records for all persons
listed at 454 CMR 28.06(3)(a)8., indicating that each such person has fulfilled the
applicable asbestos analytical training required by 454 CMR 28.06(5)(d).
(b) A copy of the laboratory standard operating procedures manual for asbestos analysis
performed by the applicant, which shall minimally include:
1. Copies of all applicable analytical protocols and procedures referenced at 454 CMR
28.06(6);
2. An inventory of the analytical equipment used by the applicant, with a description of
associated equipment calibration and maintenance procedures and schedules;
3. A description of chain of custody procedures, including handling, storage and
disposal procedures for asbestos samples; and
4. A description of the quality control procedures and programs utilized by the
applicant.
(c) Results indicating proficiency in the two most recent rounds of the applicable quality
control program(s) required by 454 CMR 28.06(5). Documentation shall be in the form of
legible copies of official correspondence or certificates from the provider of the applicable
quality control program. Applicants from within the Commonwealth seeking Certification
as Class B or Class C Analytical Service Provider may submit the single most recent quality
control round result, but their Certification and approval pursuant to 454 CMR 28.06(2) may
be contingent upon the results of a laboratory inspection at the discretion of the Director.
(d) A fee payable to the Commonwealth of Massachusetts in the amount of the entire annual
fee established for such Certification by M.G.L. c. 7, § 3B, plus any applicable surcharges.
An applicant that is concomitantly applying for a Certification as an Asbestos Consulting
Firm pursuant to 454 CMR 28.07 need only pay one fee. A schedule of asbestos and lead
licensing fees and surcharges is available from any Department office upon request. If the
Director denies, revokes, suspends or refuses to renew a Certification for reasons specified
in 454 CMR 28.16, the fee payment is not refundable.
(e) Such other information as the Director may reasonably require.
(4) Renewal of an Asbestos Analytical Service Certification. A Certification issued by the
Department to an Analytical Service Provider is valid for a period of one year. The Director may
renew an Asbestos Analytical Service Certification upon written application for renewal by the
Certification holder. Renewal applications should be submitted to the Department no later than
30 calendar days before the expiration of the current Certification. The submission of a renewal
application later than 30 days before the expiration of the current Certification may result in
renewal after the expiration of the current Certification. Said application for renewal shall
include submission of the items referenced at 454 CMR 28.06(3)(a) through (e).
Applicants may submit application for renewal at Department’s website for renewal with the
following provisions of 454 CMR 28.06(4):
(a) Applicant may submit readable electronic versions of updated materials in lieu of
printed materials.
(b) Application for renewal must be received at least 14 days prior, but not more than 30
days in advance, to allow for processing.
(5) Operating Requirements for Analytical Service Provider. Because of the highly diversified,
technical nature of asbestos analysis, comprehensive requirements for the conduct of the work
are not set forth in 454 CMR 28.00. Certified providers of Analytical Services shall conduct
asbestos analytical work in accordance with officially recognized methodologies and generally
accepted industrial hygiene laboratory practices. Providers of Analytical Services shall
minimally adhere to the following operating requirements, as a condition of certification:
(a) Designation of Asbestos Analytical Service Supervisor. Applicants for certification as
providers of Analytical Services shall designate a qualified Asbestos Analytical Service
Supervisor, who shall be jointly responsible with other Responsible Persons of the Certified
Asbestos Analytical Service, if any, for the adherence to the applicable analytical protocols,
the maintenance of proper quality control procedures and the accuracy of the analytical
results.
(b) Use of Personnel. The Asbestos Analytical Service Supervisor and the Responsible
Persons of the Certified Asbestos Analytical Service shall ensure that no person shall
perform, or be directed to perform, any asbestos analysis in the direct business interest of an
Asbestos Analytical Service, unless that person is a Responsible Person or an employee of
said Asbestos Analytical Service.
(c) Possession of Adequate Equipment and Supplies. Analytical Service Provider shall
possess all equipment and supplies necessary to perform the services offered. Equipment
shall be calibrated and maintained as specified by the analytical protocols used or generally
accepted industrial hygiene practices.
(d) Training. All employees and Responsible Persons of an Asbestos Analytical Service
who perform any asbestos analysis shall have successfully completed appropriate training,
as specified at 454 CMR 28.05(4)(d)1. through 3.:
1. Training Requirements for Class A and Class B Certification. All employees and
Responsible Persons of Class A and Class B Analytical Service Provider shall have
successfully completed an approved course of training in the techniques and procedures
for identification of asbestos in bulk samples (e.g., McCrone Research Institute Asbestos
Bulk Analysis course, or an equivalent course acceptable to the Director).
2. Training Requirements for Class C Certificates. All employees and Responsible
Persons of Class C Analytical Service Provider shall have successfully completed the
NIOSH #582 Course, "Sampling and Evaluating Airborne Asbestos" or an equivalent
course acceptable to the Director.
3. Training Requirements for Class D Certificates. All employees and Responsible
Persons of Class D Analytical Service Provider shall have successfully completed an
approved course of training in the techniques and procedures for identification of
asbestos in air samples using TEM (e.g., McCrone Research Institute Asbestos Analysis
by Transmission Electronic Microscopy course), or an equivalent course acceptable to
the Director.
(6) Required Participation in Quality Control Testing Programs. All Certified Analytical
Service Providers shall participate and maintain proficiency or accreditation in official quality
control testing programs, as specified at 454 CMR 28.06(5)(a) through (d):
(a) Certified Class A Analytical Service Provider shall maintain accredited status in the
National Voluntary Laboratory Accreditation Program of the NIST.
(b) Certified Class B Analytical Service Provider shall:
1. Maintain accredited status in the National Voluntary Laboratory Accreditation
Program of the NIST; or
2. Maintain proficiency in the Bulk Asbestos Quality Assurance Program of the
American Industrial Hygiene Association or in an equivalent quality assurance program
acceptable to the Director.
(c) Certified Class C Analytical Service Provider shall:
1. Participate and maintain proficiency in the Proficiency Analytical Testing (PAT)
Program of the American Industrial Hygiene Association; and
2. Ensure that they also comply with one of the following:
a. All analysts performing Class C analysis are listed in the Asbestos Analysts
Registry (AAR) of the American Industrial Hygiene Association and maintain
proficiency in the Asbestos Analysis Testing (AAT) Program of the American
Industrial Hygiene Association (AIHA); or
b. All analysts performing Class C analysis participate in an annual Department
provided Asbestos Analysts Testing Program, or
c. The Asbestos Analytical Service maintains accreditation through the AIHA
Industrial Hygiene Laboratory Accreditation Program (IHLAP) for Phase Contrast
Microscopy (PCM).
(d) Certified Class D Analytical Service Provider shall maintain accredited status in
"Airborne Asbestos Fiber Analysis" in the National Voluntary Laboratory Accreditation
Program (NVLAP) of the NIST.
(7) Required Use of Official Analytical Protocols. In performing asbestos analysis, Certified
Analytical Service Provider shall use official protocols, as set forth at 454 CMR 28.06(6)(a)
through (c):
(a) Certified Class A and Class B Analytical Service Provider shall use the "Interim Method
for the Determination of Asbestos in Bulk Insulation Samples" found at 40 CFR Part 763,
Appendix A through Subpart F (cannot be used to analyze non-friable organically bound
materials) or the "Method for the Determination of Asbestos in Bulk Building Materials"
(EPA/600/R-93/116) for the analysis of bulk asbestos samples by polarizing light
microscopy.
(b) Certified Class C Analytical Service Provider shall use the NIOSH Method 7400 for the
determination of asbestos in clearance air monitoring samples and air samples collected to
assess environmental asbestos exposures. Analytical services may use either the NIOSH
Method 7400 or the OSHA Reference Method (29 CFR Part 1910.1001, Appendix A, 51 FR
No. 119, 22739, June 20, 1986) for the analysis of personal air monitoring samples.
(c) Certified Class D Analytical Service Provider shall use the "Interim Transmission
Electron Microscopy Methods - Mandatory and Nonmandatory - and Mandatory Section to
Determine Completion of Response Actions", referenced at 40 CFR Part 763, Appendix A,
for airborne asbestos analysis by TEM.
(8) Requirement to Maintain Records. Analytical Service Provider shall maintain records, as
provided by 454 CMR 28.15.
(9) Requirement for Microscope Calibration When NIOSH Method 7400 is Used. Where the
NIOSH Method 7400 is used for the determination of asbestos in air samples, the alignment of
the microscope utilized for the analysis shall be checked and adjusted if necessary and the phase
shift detection limit ascertained as specified in the Method.
(a) These checks shall be carried out at least daily each day analysis is performed or each
time the microscope is moved to a new location, whichever is more frequent.
(b) A centering telescope for the microscope being used and an HSE/NPL phase contest test
slide shall be available at the location where the analysis is being carried out.
(c) Maintain as part of the laboratory quality assurance program a set of reference slides to
be used on a daily basis, per the 7400 Method item 12(A), and estimate the laboratory intra-
and inter-microscopist precision, per 12(B). Reference slides shall be changed as often as
necessary to ensure that the analyst does not become accustomed to the slides.
(d) Perform blind recounts by the same microscopist on 10% of filters counted (slides
relabeled by a person other than the microscopist) using the appropriate calculation to
determine whether a pair of counts by the same microscopist on the same filter shall be
rejected, per 7400 Method item14.
(e) Records of all calibration procedures listed under 454 CMR 28.06(8) shall be
maintained as records, as provided by 454 CMR 28.06(8), as well as records of all repairs
and maintenance of the microscope.
(10) Maintenance, Submission and Retention of Records. Analytical Service Providers, shall
maintain the records as indicated at 454 CMR 28.06(10)(b) through (d) 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 28.06 shall be retained for a period of 30 years
from the date of project or activity completion. 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 Department, or may specify a repository for such records. The entity or person
shall comply with the Director's instructions within 60 days.
Certified Analytical Service Provider shall maintain the following records at the principal
place of business:
(a) Copies of all documents required for Certification pursuant to 454 CMR 28.06,
including quality control results.
(b) Records of all analyses performed, including the identity of the sender, the field
identification number, the laboratory identification number, the date collected, the location
from which the sample was collected, the method used and the analytical results. Air sample
results shall include the start and end times of the sample collection, the start and end flow
rates and the sample volume.
(c) Names, addresses, telephone numbers and training documents of each person who
performed asbestos analysis for the Certified Asbestos Analytical Service, with the dates of
employment or utilization.
(d) Records of field and bench microscope calibrations as prescribed at 454 CMR 28.06(9).
28.07: Certification of Consulting Service Providers and Individual Asbestos Consultants
(1) Scope of Certification of Asbestos Consulting Service Providers. Firms, corporations,
businesses or entities performing Asbestos Consulting functions listed in 454 CMR 28.07(5)(a)1.
through 4. shall be Certified prior to engaging in such services. A Certificate issued by the
Department to a provider of Asbestos Consulting Services is valid for a period of one year.
(2) Asbestos Consulting Service Providers must ensure employees have required current
training and appropriate licenses pursuant to 454 CMR 28.07(5)(b)1. through 4. prior to engaging
in those services.
(3) Applicants for Certification as providers of Asbestos Consulting Services shall submit the
following to the Director:
(a) A completed application form with attachments as prescribed by the Director which
shall, 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, and the address(es) and telephone number(s) of the business(es).
2. A list of the states in which the applicant holds, or has held, a license or certification,
accreditation, or other approval for Asbestos Consulting Services.
3. A list of the consultant disciplines listed at 454 CMR 28.07(5)(a)1. through 4. for
which the applicant seeks approval to provide asbestos consulting services.
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 Consulting Service of the applicant issued by the city or town where the
business is located.
5. 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 Consulting
Work of the applicant.
6. 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.
7. A certificate of insurance or a letter of binder from an insurance carrier indicating that
the 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 Asbestos Consulting Service has no employees.
8. A list of all citations or notices of violation relating to occupational safety and
environmental protection, including notices of noncompliance, notices of responsibility,
notices of intent to assess an administrative penalty, orders, consent orders and court
judgements, 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.
9. A copy of the standard operating procedures to be used by the applicant in the
performance of consulting activities.
(b) Legible copies of asbestos training certificates which document that a Responsible
Person or manager of the applicant listed pursuant to 454 CMR 28.07(3)(a)5. has
successfully completed the applicable initial and refresher training requirements for the
Asbestos Consultant disciplines specified at 454 CMR 28.07(5)(b)1. through 4. in which the
applicant intends to offer Asbestos Consulting Services. The Director may, at his or her
discretion, require the applicant to produce further evidence of fulfillment of the training
requirements of 454 CMR 28.07(3)(b).
(c) A fee payable to the Commonwealth of Massachusetts in the amount of the entire annual
fee established for such Certification by M.G.L. c. 7, § 3B, plus any applicable surcharges.
An applicant that is simultaneously applying for a Certification as an Asbestos Analytical
Service pursuant to 454 CMR 28.07 need only pay one fee. Single proprietorships and
partnerships who have no employees are exempted from paying a fee for Licensure as an
Asbestos Consulting Service. If the Director denies, revokes, suspends or refuses to renew
a license for reasons specified in 454 CMR 28.15, the fee payment is not refundable.
(d) Such other information as the Director may reasonably require.
(4) Renewal of an Asbestos Consulting Service Certification. The Director may renew an
Asbestos Consulting Service Certification upon written application for renewal by the
Certification holder. Renewal applications should be submitted to the Department no later than
30 calendar days before the expiration of the current Certificate. 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 Certificate. Said application for renewal shall include
submission of the items referenced at 454 CMR 28.07(3)(a)1. through 9. The application may
be made electronically at the Department’s website or be mailed to the Department.
(5) Licensure of Asbestos Consultants.
(a) Scope of Licenses. Persons performing the Asbestos Consulting functions listed in
454 CMR 28.07(5)(a)1. through 4. shall be licensed in the appropriate discipline prior to
engaging in such work. Persons performing the work of more than one Asbestos Consultant
discipline shall be separately licensed, except that a person who is licensed as an Asbestos
Management Planner may perform the functions of an Asbestos Inspector without being
separately licensed.
1. Asbestos Inspector. Licensure as an Asbestos Inspector authorizes the consultant to
review building records, perform visual inspections, collect samples, prepare written
inventories and conduct other forms of investigation necessary to determine and
document the presence and condition of known or suspect ACM in facilities. Licensed
Asbestos Inspectors shall apply current concepts and state of the art knowledge to
evaluate the conditions and accessibility of ACM and shall otherwise conduct their
activities according to procedures described in 454 CMR 28.00 and current EPA
guidance documents or applicable federal laws or rules and regulations.
2. Asbestos Management Planner. Licensure as an Asbestos Management Planner
authorizes the consultant to utilize information developed from facility inspections to
assess potential hazards of ACM and to select and recommend asbestos hazard control
and response actions.
3. Asbestos Project Designer. Licensure as an Asbestos Project Designer authorizes the
consultant to design Asbestos Response Actions through preparation of job
specifications, bidding documents, architectural drawings and schematic representations
of material locations. Except as mandated by AHERA for Asbestos Response Actions
conducted in school facilities, the preparation of asbestos project designs is
recommended, but not required by 454 CMR 28.00. Where asbestos project designs are
prepared, such preparation shall only be performed by persons licensed as Asbestos
Project Designers pursuant to 454 CMR 28.07.
4. Asbestos Project Monitor. Licensure as an Asbestos Project Monitor authorizes the
consultant to function as the on-site representative of the facility owner or other persons,
interpret project specifications or asbestos management plans and monitor and evaluate
contractor or employee compliance with applicable rules, regulations, or specifications,
including the collection of air samples and to conduct clearance inspections at Asbestos
Project sites. Licensure as an Asbestos Project Monitor or any other Asbestos Consultant
discipline is not required for persons collecting only (asbestos) personal air monitoring
samples.
(b) Qualifications for Licensure. Asbestos Consultants must possess the applicable
prerequisites for Licensure listed at 454 CMR 28.07(4)(b)1. through 4.
1. Asbestos Inspectors. Applicants must have successfully completed the training
requirements set forth at 454 CMR 28.05(4)(c) and must have, at a minimum:
a. A high school diploma and a minimum of six months experience in an occupation
comparable to that of asbestos inspection or two months field experience under the
direct supervision of a licensed Asbestos Inspector or Management Planner on no
fewer than 15 inspections; or
b. A combination of education and experience equivalent to that set forth in
454 CMR 28.07(5)(b)1.a., as determined by the Director.
2. Asbestos Management Planners. Applicants must have successfully completed the
training requirements set forth at 454 CMR 28.05(4)(d) and must have, at a minimum:
a. An associate degree or certificate in project planning, management, environmental
sciences, engineering, construction, architecture, industrial hygiene, occupational
health, or a related scientific field; and
b. Six months experience in the asbestos abatement field, including experience in
asbestos management planning; or
c. A combination of education and experience equivalent to that set forth in
454 CMR 28.07(5)(b)2.a. and b., as determined by the Director.
3. Asbestos Project Designers. Applicants must have successfully completed the
training requirements set forth at 454 CMR 28.05(4)(e) and must have, at a minimum:
a. A bachelor's degree in industrial hygiene, occupational health, or environmental,
biological or physical science;
b. Current status as a registered architect or engineer with a minimum of 12 months
experience in asbestos abatement fields; or
c. A combination of education and experience equivalent to that set forth
in 454 CMR 28.07(5)(b)3.a. and b., as determined by the Director.
4. Asbestos Project Monitors. Applicants must have successfully completed the training
requirements set forth at 454 CMR 28.05(4)(f) and must have, at a minimum:
a. Two years of college credit or an associate or technical degree or equivalent;
b. Two years of experience in the asbestos abatement field may be used to substitute
for college credit requirement above;
c. Field experience in performing project monitoring work under the direct
supervision of a licensed Asbestos Project Monitor on no fewer than 15 Asbestos
Response Actions occurring over a period of at least two months; or
d. A combination of education and experience equivalent to that set forth in
454 CMR 28.07(5)(b)4.a. and b., as determined by the Director.
(c) Application for Licensure as an Asbestos Consultant. Applicants for Licensure in one
or more of the consultant disciplines 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(2),
(4)(c) through (f), or (5). Where the Department or the asbestos licensing agency of
another state has previously licensed the applicant in the applicable discipline, only those
certificates for training that has been received since the effective date of the most recently
issued Asbestos Consultant 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. DLS 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 28.07(5)(b)1. through 4.
4. Documentation of fulfillment of applicable experience requirements, as set forth
in 454 CMR 6.07(5)(b)1. through 4.
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 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. A person applying for Licensure as an
Asbestos Inspector and as an Asbestos Management Planner at the same time need pay
only one fee. 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 Consultant License. An Asbestos Consultant license is valid
for a period of one year. The Director may renew an Asbestos Consultant license, provided
the current license holder makes written application for renewal or files for renewal
electronically from the DLS webpage. 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 28.07(5)(c)1. through 7., including a current
certificate of refresher training in the discipline for which Licensure is sought, as specified
at 454 CMR 28.05(5).
(6) Delivery of Services by Certified Asbestos Consulting Service Providers and Asbestos
Consultants.
(a) Requirement for Use of State-of-the-art Consultative Practices. Because of the highly
diversified, technical nature of Asbestos Consulting Work, comprehensive requirements for
the conduct of this work are not set forth in 454 CMR 28.00. Certified Asbestos Consulting
Service Providers and Asbestos Consultants must ensure that the functions authorized at
454 CMR 28.07(1)(a)1. through 5., as applicable, are performed in accordance with the
requirements of 454 CMR 28.00, applicable EPA asbestos standards and protocols, including
40 CFR Part 763, Subpart E, other applicable federal standards and in accordance with
professional standards generally recognized as "state of the art" or "best practices" by the
Asbestos Consulting industry and asbestos professional associations, and in accordance with
current practices taught by Certified Training Providers. The Department has final
determination as to what constitutes "State-of-the-art".
(b) Requirement for Signing Entry/Exit Logs at Asbestos Response Action Worksites.
Asbestos Consultants who enter the Work Area of an Asbestos Response Action must make
the entries in the sign-in/out log specified at 454 CMR 28.10(4)(a)2. as a condition of
Licensure.
(7) Maintenance, Submission and Retention of Records. Asbestos Consulting Service
Providers, must maintain the records as indicated at 454 CMR 28.06(8) and make said records
available to the Director upon request. Entities must 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 28.15 must be retained for a period of 30 years
from the date of project or activity completion. Entities or persons ceasing to do business, or
relocating the principal place of business must 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 Department, or may specify a repository for such records. The entity or person
must comply with the Director's instructions within 60 days.
(8) Certified Asbestos Consulting Service Providers must maintain the following records at the
principal place of business:
(a) Copies of all documents required for Certification pursuant to 454 CMR 28.07.
(b) Records of all recommendations provided, records of services including sampling times
and locations, asbestos air and bulk sampling, including the date collected, the location from
which the sample was collected, the method used and the analytical results. Air sample
results must include the start and end times of the sample collection, the flow rate, volume
of air collected and the sample locations and including the identity of the sender, and the
laboratory identification number providing analysis.
(c) Names, license number and expiration, addresses, telephone numbers and training
documents of each person who performed asbestos consultation for the Certified Asbestos
Consultation Services, with the dates of employment or utilization.
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.
28.09: Notification of Asbestos Project
An Asbestos Contractor or operator of an Asbestos Abatement must notify the Director
before engaging in any such work.
(1) Notification must be on forms jointly prescribed by the Director and the MassDEP.
(2) Notification must be electronically-filed, postmarked or hand-delivered at least ten working
days before the project start date or, in the case of an Emergency Project, within one working day
after the project start date.
(a) Notification must be cancelled, amended, edited and/or resubmitted if work dates
change. Intermittent work notifications may be updated by email or phone to the Department
as allowed under 310 CMR 7.15(6)(g)4.
(b) Asbestos Contractors who notify for a project and are found to be working during dates
not covered by the notification are in violation.
(c) Asbestos Contractors who notify for a project and are found to NOT be working during
dates covered by the notification are in violation.
(3) Fulfillment of the asbestos project notification requirements of the MassDEP through
submission of a completed Notification Form ANF-001 (BWP AQ-04) with the appropriate fee
where required, satisfies the notification requirements of 454 CMR 28.09.
(4) Fulfillment of the notification requirements of 454 CMR 28.09 shall not relieve the
Asbestos Contractor, operator of the project or facility owner of the responsibility for making
written notification as may be required by any other municipality, agency of the Commonwealth,
or any agency of the federal government.
28.10: Work Practices and Other Requirements for Asbestos Response Actions
(1) Required Use of Certified Asbestos Contractors. Except as allowed by 454 CMR
28.10(1)(a), only Asbestos Contractors certified pursuant to 454 CMR 28.03(2) and 28.05 shall
carry out Asbestos Response Actions.
Exception to Certification Requirement for Entities Conducting Response Actions in their
Own Facilities. Persons, firms, corporations or other entities who carry out Asbestos Response
Actions at their own property or usual place of business or employment using their own regular
employees or Responsible Persons need not be licensed as Asbestos Contractors, provided that
the requirements of 454 CMR 28.10(2) and (3) are met, and the work is otherwise conducted in
accordance with the applicable requirements of 454 CMR 28.00. Uncertified entities who
conduct Response Actions in their own Facilities shall be responsible for complying with the
notification requirements of 454 CMR 28.09.
(2) Requirement for On-site Supervisor. The Responsible Persons of the certified Asbestos
Contractor or other entity carrying out an Asbestos Response Action must ensure that a licensed
Asbestos Supervisor who is an employee or Responsible Person of said Asbestos Contractor or
entity is present at the work site and in control of the work at all times when work is in progress.
(3) Requirement for Use of Licensed Asbestos Workers. The Responsible Persons of the
certified Asbestos Contractor or other entity carrying out an Asbestos Response Action must
ensure that all persons who perform the functions of Asbestos Workers in the Work Area are
employees or Responsible Persons of said Asbestos Contractor or entity and that said persons
are licensed pursuant to 454 CMR 28.03(3).
(4) Required Work Practices. Asbestos Contractors, Asbestos Supervisors and others carrying
out, or having supervisory authority over, Asbestos Response Actions must ensure that the work
practice requirements of 454 CMR 28.10 are met.
(a) Work Area Preparation.
1. Exclusion of Persons from the Work Area. All persons not directly involved in the
work operation must be excluded from the Work Area.
2. Sign In/Out Log. The Asbestos Contractor or other entity carrying out an Asbestos
Response Action must ensure that each person entering or leaving the Work Area
individually completes the appropriate entries in a sign-in/out log. The sign in/out log
must include: the location of the project; current date; printed name; signed name;
Massachusetts License number, where applicable; and the time of each entry or exiting.
3. Posting of Warning Signs. Warning signs meeting the specifications set forth
in 29 CFR Part 1926.1101(k)(7) must be posted at all approaches to the Work Area.
Signs must be posted a sufficient distance from the Work Area to permit a person to read
the sign(s) and take precautionary measures to avoid exposure to asbestos. Signs must
be in place from Work Area preparation until final clearance.
4. Shutdown of HVAC Systems. The facility heating, ventilating and air conditioning
(HVAC) systems of the Work Area must be shut down, locked out and isolated.
5. Removal of Moveable Objects. All moveable objects must be removed from the
Work Area prior to an asbestos response action. Items to be reused which may have been
contaminated with asbestos must be decontaminated by HEPA vacuuming or wet
cleaning prior to their being removed from the Work Area.
6. Non-movable Objects. All non-moveable or fixed objects remaining within the Work
Area that have not been contaminated with asbestos must be wrapped or covered with
six-mil thick (minimum) plastic sheeting. Plastic sheet coverings must be completely
sealed with duct tape or equivalent.
7. Isolation of Work Area. The Work Area must be isolated by sealing all openings
including, but not limited to, windows, doors, ventilation openings, drains, grilles, and
grates with six-mil thick (minimum) plastic sheeting and duct tape or the equivalent. For
Asbestos Response Actions performed in Public Facilities, large openings such as open
doorways, elevator doors, and passageways must be first sealed with solid construction,
such as plywood over studding, which must constitute the outermost boundary of the
asbestos Work Area. All cracks, seams and openings in such solid construction must be
caulked or otherwise sealed, so as to prevent the movement of asbestos fibers out of the
Work Area.
8. Covering of Ceiling, Floor and Wall Surfaces. Except as allowed by 454 CMR
28.10(4)(a)8.a. through c., ceiling, floor and wall surfaces must be covered with plastic
sheeting. All seams and joints must be sealed with duct tape or equivalent. Floor
covering must consist of at least two layers of six-mil plastic sheeting, with the edges
up-turned to cover at least the bottom 12 inches of the adjoining wall(s). Wall and
ceiling covering must consist of a minimum of two layers of four-mil plastic sheeting.
Wall covering must extend from ceiling to floor and overlap the up-turned floor
coverings without protruding onto the floor. Duct tape or equivalent must be used to seal
the seams in the plastic sheeting at the wall to floor joints.
a. Exception to Covering Requirement Where Surfaces Are Impervious.
Compliance with 454 CMR 28.10(4)(a)8. is optional where these surfaces are
covered by ceramic tile or other impervious materials that are free from holes, drains,
cracks, fissures or other openings and which may be thoroughly decontaminated by
washing at the conclusion of the work, provided that such action does not result in
the passage of asbestos fibers from the Work Area.
b. Exception to Covering Requirement for Abatement Surfaces. Compliance with
454 CMR 28.10(4)(a)8. is not required for those floor and wall surfaces from which
asbestos coverings are removed.
c. Exception to Wall Surface Covering Requirement Where Glove Bags Are Used.
Covering of wall and ceiling surfaces is optional for Asbestos Response Actions
where Glove bags are used as the sole means of removal or repair, provided that the
Work Area is isolated in accordance with 454 CMR 28.10(4)(a)7., that all moveable
objects in the Work Area are removed in accordance with 454 CMR 28.10(4)(a)5.,
that immoveable objects remaining in the Work Area are covered in accordance with
454 CMR 28.10(4)(a)(6) and that all other relevant requirements of 454 CMR
28.10(4)(a) are met. Where Glove bags are used, the floor of the Work Area must
be covered with a minimum of one layer of six-mil thick plastic sheeting.
9. GFCI Protection. All sources of electric power for the Work Area must be ground
fault circuit interrupter (GFCI) protected.
(b) Use of Decontamination Facilities.
1. Requirement for Use. Asbestos Contractors and others carrying out Asbestos
Response Actions must supply and ensure the use of a three-compartment
decontamination facility, as prescribed by 29 CFR Part 1926.1101(j)(1). Except as may
be required during emergencies which endanger life or health, the decontamination
facility must be the sole means through which the isolated work space is accessed while
work is in progress.
2. Exception to Decontamination System Requirement for Work Less than 25
Linear/Ten Square Feet. A change room may be used in lieu of the three-compartment
decontamination facility specified by 454 CMR 28.10(4)(b)1. on projects which involve
the disturbance of less than 25 linear feet or less than ten square feet of ACM. Change
rooms must be constructed and operated in accordance with OSHA Asbestos Regulations
29 CFR Part 1926.1101(j)(2).
3. Warm Water Required. Warm water must be supplied to the showers of the
decontamination facility required by 454 CMR 28.10(4)(b)1.
4. Decontamination of Personnel Required. No abatement personnel may leave the
Work Area without first decontaminating their persons by showering, wet washing or
HEPA vacuuming to remove all asbestos debris.
5. Location of Decontamination Facilities. Where feasible, decontamination facilities
must be contiguous with the Work Area. Where this is not feasible, the decontamination
facility must be sited as closely as possible to the Work Area. Persons using such a
remotely-sited decontamination facility must remove visible debris from their persons
by HEPA vacuuming prior to donning clean disposable coveralls while still in the Work
Area, and then proceed directly to the remote decontamination system to shower and
change clothes.
6. Equipment Decontamination. No equipment, supplies, or materials (except properly
containerized waste material) must be removed from an asbestos Work Area, unless such
equipment, supplies or materials have been thoroughly cleaned free of asbestos debris.
Where decontamination is not feasible, such materials must be wrapped in a minimum
of two layers of six-mil polyethylene sheeting with all joints, seams and overlaps sealed
with tape or containerized in a metal, plastic or fiber drum with a locking lid. Said
wrapped equipment, supplies or materials must be labeled as being
asbestos-contaminated prior to removal from the Work Area. HEPA vacuums must be
emptied of contents prior to removal from the Work Area. Air filtration devices must
have used pre-filters and intermediate filters removed and replaced with fresh filters prior
to removal from the Work Area. Used HEPA filters, intermediate and pre-filters must
be disposed of as asbestos waste.
7. Requirements for Clean Room. A clean area or room (clean room) must be provided
with lockers or other appropriate containers for the storage of each worker's clothes and
personal items. A trash container for non-contaminated waste must be provided in the
clean room and emptied at the end of each work day. The clean room must be
maintained in a clean and sanitary condition at all times.
(c) Requirement for Work Area Ventilation System. A HEPA-filtered Work Area
ventilation system must be used to maintain a reduced atmospheric pressure of at least -0.02
column inches of water pressure differential within the contained Work Area. The system
must be in operation at all times from the commencement of the asbestos project until the
requirements of 454 CMR 28.10(11)(a) and (b) have been met. The ventilation equipment
utilized must be of sufficient capacity to provide a minimum of four air changes per hour.
Ventilation units must be operated in accordance with Appendix J of EPA Guidance
Document EPA 560/5 85 024 and 29 CFR Part 1926.1101(g)(5)(i). Make up air entering the
Work Area must pass through the decontamination area whenever possible. Exhaust air must
be HEPA-filtered before being discharged outside of the Work Area. Exhaust air tubes or
ducts associated with the Work Area ventilation system must be free of leaks. Where
feasible, exhaust air must be discharged to the outside of the building. If access to the
outside is not available, exhaust air may be discharged to an area within the building, but in
no case must exhaust air be discharged into occupied areas of the building or into areas of
the building which contain exposed or damaged asbestos. When exhaust air is discharged
to the interior of a building, the outflow must be sampled and analyzed at least twice per day
per machine, using sampling and analysis methods prescribed by the NIOSH Analytical
Method 7400 referenced at 40 CFR Part 763, Appendix A. If at any time fiber levels in the
exhausted air exceed 0.01 fibers/cc, the work operation must stop immediately, and the
corresponding ventilation unit(s) must be shut off and repaired or replaced before the
Asbestos Response Action is resumed.
1. Exception to Work Area Ventilation System Requirement for Work Less than 25
Linear/Ten Square Feet. Compliance with 454 CMR 28.10(4)(c) is optional for Asbestos
Response Actions which involve the removal, encapsulation or enclosure of 25 or fewer
linear feet of asbestos on or in pipes, ducts or wires or ten or fewer square feet of
asbestos on or in structures or components other than pipes, ducts or wires.
2. Exception to Work Area Ventilation System Requirement Where Glove Bags Are
Used. Compliance with 454 CMR 28.10(4)(c) is optional for Asbestos Response Actions
where Glove bags are used as the sole means of removal or repair.
(d) Work Procedures.
1. Wetting of Asbestos. Prior to removal, ACM must be adequately wetted with
Amended Water. Water must not be applied in amounts that will cause run off or
leakage of the water from the Work Area. Once removed, ACM must be kept wet until
containerized pursuant to 454 CMR 28.10(4)(d)2. and 310 CMR 7.15: U Asbestos.
2. Containerization of Asbestos. Removed ACM and asbestos-contaminated debris
within the Work Area must be promptly cleaned up and containerized. Containerized
ACM must be removed from the Work Area at least once each working shift. Waste not
containing components with sharp edges must be containerized in two plastic bags (six-
mil minimum thickness each bag, one inside the other) or in metal, plastic or fiber drums
with locking lids. ACM with sharp edged components must be contained in leak-proof
metal, plastic or plastic-lined, drums or boxes. Large components removed intact must
be wrapped in a minimum of two layers of six-mil polyethylene sheeting with all joints
and seams sealed with duct tape, and labeled as ACM prior to removal from the
contained Work Area.
3. Material Deposition. ACM must not be dropped or thrown from heights greater than
15 feet. Asbestos-containing asphaltic shingles or felts shall not be dropped or thrown
to the ground. Unless the material is carried or passed to the ground by hand, it shall be
lowered to the ground by crane or hoist or transferred in dust-tight chutes.
4. Enclosure. Where ACM is enclosed during an Asbestos Response Action, the
following provisions must also apply:
a. Enclosures over pipes, ducts, tanks, boilers or other objects must be labeled as
containing ACM and identified on building records.
b. Enclosure systems must be constructed to be dust tight.
5. Encapsulation. Encapsulants must not be applied to severely damaged or
deteriorating ACM.
6. Demolition. The notification provisions 454 CMR 28.09 and the provisions of
454 CMR 28.10 apply to the demolition of any facility containing ACM. Such work
must also be performed in conformance with 310 CMR 7.00: Air Pollution Control,
310 CMR 19.000: Solid Waste Management and 310 CMR 40.000: Massachusetts
Contingency Plan and the requirements of the EPA National Emission Standard for
Asbestos (NESHAP), as contained in 40 CFR Part 61, Subpart M.
7. Abatement of Friable ACM Exposed during Response Action. Any Friable ACM
that has been exposed as a result of an Asbestos Response Action must be suitably
removed, enclosed or encapsulated in accordance with 454 CMR 28.10(4)(d)4. or
28.10(4)(d)5.
(5) Specific Work Practice Requirements for Glove Bag Operations. Asbestos Contractors and
others having supervisory authority over Asbestos Response Actions involving glove bag use
must ensure that the following work practice requirements are met:
(a) Glove bags must be used only on those structures or surfaces for which they are
specifically designed, and they must be used without modification. Glove bags must be
constructed of six-mil thick (minimum) plastic sheeting and be seamless at the bottom.
(b) Glove bags must be used only once and must not be moved along the surface to which
they are applied.
(c) Glove bags must not be applied to structures hotter than 150°F, or per manufacturer's
specifications.
(d) The Work Area may be isolated in accordance with 454 CMR 28.10(4)(a)7. and must
be cleaned of visible debris by wet wiping or HEPA vacuuming prior to installation of the
glove bag.
(e) Glove bags must be installed so as to form an airtight covering over the structure to
which they are applied, and smoke testing used to validate airtight installation. Any friable
ACM in the immediate area of glove bag attachment must be wrapped and sealed in two
layers of six-mil plastic sheeting or otherwise rendered intact prior to glove bag installation.
Where points of attachment of the glove bag are not intact, they must be rendered intact by
wrapping with re-wettable fiberglass cloth, or an equivalent material, prior to attaching the
glove bag. All openings in the glove bag must be sealed against leakage with duct tape or
equivalent material.
(f) ACM must be wet with Amended Water prior to its removal and maintained in a wet
condition inside the glove bag.
(g) Any ACM that has been exposed as result of the glove bag operation must be suitably
removed, encapsulated or enclosed so as to prevent the leakage of asbestos fibers prior to the
removal of the glove bag.
(h) All surfaces from which ACM has been removed inside the glove bag and the upper
portions of the glove bag itself must be cleaned free of visible debris prior to removal of the
glove bag.
(i) Debris must be isolated in the bottom of the glove bag by twisting the bag so as to form
a closure in the middle. This closure must then be taped around with duct tape or equivalent
material. Air in the glove bag must be exhausted with a HEPA vacuum cleaner prior to its
removal.
(j) Following removal from the structure, the glove bag and its contents must be
containerized in accordance with 454 CMR 28.10(4)(d)2. and disposed of in accordance with
454 CMR 28.10(8)(a).
(6) Cleanup. Following an Asbestos Response Action, the Asbestos Contractor or entity
performing the work must decontaminate all contaminated surfaces within the Work Area using
HEPA vacuuming or wet cleaning techniques, including surfaces contaminated prior to the
Asbestos Response Action. All equipment and materials used and all surfaces from which ACM
has been removed must be decontaminated. If asbestos materials were not substantially intact
at time of removal; an inch of soil must be removed from dirt floors and disposed of as asbestos
containing waste. All cleanup materials must be disposed of as asbestos waste. Cleanup must
be to the level of no visible debris.
(7) Clearance Monitoring. Following the cleanup required by 454 CMR 28.10(6), the facility
owner, Asbestos Contractor, entity conducting the Asbestos Response Action, or the Asbestos
Project Monitor employed to oversee the work operation must ensure that the clearance
monitoring requirements of 454 CMR 28.10(4)(9), (10) and (11) are met. Until these conditions
are achieved all Work Area barriers must remain in place, Work Area ventilation systems (if
required) will remain in operation, respirators and other personal protective equipment must be
worn and all other work practice controls, as required by 454 CMR 28.10(4) must remain in
effect.
(8) Disposal Requirements.
(a) Waste. Any ACM and any materials contaminated with ACM that are removed from
a facility must be handled and disposed of as an asbestos containing waste in conformance
with EPA NESHAPS Regulations at 40 CFR Part 61 and 310 CMR 7.00: Air Pollution
Control and 310 CMR 19.000: Solid Waste Management.
(b) Transport. Only asbestos waste which has been properly containerized pursuant to
454 CMR 28.10(6) may be transported from the point of generation. Transport must be in
covered vehicles or locked containers. Transportation of asbestos waste must be in
conformance with EPA NESHAP Regulations at 40 CFR Part 61 and applicable standards
of the U.S. Department of Transportation, OSHA and the MassDEP.
(9) Clearance Monitoring Procedures. The clearance monitoring procedures specified by
454 CMR 28.10(10) and (11) must be performed only by a licensed Asbestos Project Monitor
who is not an employee or Responsible Person of the Asbestos Contractor or entity which
conducted the work, and therefore, must be contracted by the facility owner/operator directly,
including any Class C Analytical Services providing Project Monitor services. The Asbestos
Contractor may not subcontract with an Asbestos Project Monitor, or Asbestos Consulting
Service Provider, to perform the visual inspection required by 454 CMR 28.10(10) or the
clearance air monitoring required by 454 CMR 28.10(11) for an Asbestos Response Action
conducted in a facility subject to the requirements of AHERA.
(10) Visual Inspections. A licensed Asbestos Project Monitor must inspect all surfaces within
the Work Area for dust, debris and other particulate residue. Should any Visible Debris be found
in the Work Area, it must be repeatedly cleaned by the Asbestos Contractor or entity performing
the work in accordance with 454 CMR 28.10(6) until the no visible debris criterion is achieved.
Where clearance air monitoring is required by 454 CMR 28.10(11), the achievement of the no
visible debris criterion must precede the collection of clearance air monitoring samples.
(11) Clearance Air Monitoring. The clearance air monitoring requirements of 454 CMR
28.10(11) must be met for all Asbestos Response Actions, except for those involving the
complete demolition of facilities, or those conducted in facilities not subject to the requirements
of AHERA where the Glove Bag is used as the sole means of removal or repair.
(a) Clearance Air Monitoring Requirements for Larger Asbestos Response Actions
Conducted in School Facilities Subject to AHERA. For Asbestos Response Actions
conducted in school facilities subject to AHERA which involve the removal, encapsulation
or enclosure of greater than 160 square feet or 260 linear feet of friable ACM, clearance air
monitoring samples must be collected and analyzed by transmission electron microscopy
(TEM) as prescribed by 40 CFR Part 763, Appendix A through Subpart E with analysis by
an Asbestos Analytical Service Provider.
1. In addition to adhering to the above, the licensed Asbestos Project Monitor must use
a rotameter or other appropriate flow measuring device, the calibration of which is
traceable to a primary standard, to measure the air flow in the sampling train immediately
prior to and immediately following the collection of the clearance air monitoring
samples.
2. Air samples must be collected within a negative pressure enclosure using the
aggressive sampling methods described in 40 CFR Part 763, Subpart E, Appendix A.
3. The analysis of all clearance air monitoring samples collected pursuant to the
requirements of 454 CMR 28.10(11) must be analyzed by Analytical Service Provider
certified and approved pursuant to 454 CMR 28.06.
4. Where clearance air monitoring samples are collected and analyzed pursuant to the
requirements of 454 CMR 28.10(11), an Asbestos Response Action must be considered
complete when the average concentration of asbestos in five air samples collected within
the work area and analyzed by the TEM protocol described in 40 CFR Part 763, Subpart
E, Appendix A, is not statistically different, as determined through application of the
Z-test calculation found in that Appendix A, from the average asbestos concentration of
five air samples collected at the same time outside the work area and analyzed in the
same manner, and the average asbestos concentration of the three field blanks described
in the same Appendix A of Subpart E, of 70 structures per square millimeter.
5. An action may also be considered complete if the volume of air drawn for each of the
five samples collected within the work area is equal to or greater than 1,199 L of air for
a 25 mm filter or equal to or greater than 2,799 liters of air for a 37 mm filter, and the
average concentration of asbestos as analyzed by the TEM method in 40 CFR Part 763,
Subpart E, Appendix A, for the five air samples does not exceed the filter background
level of 70 structures per square millimeter.
6. Should the work area fail the clearance air testing requirements of 454 CMR
28.10(11)(4) or (5), as applicable, it must be repeatedly cleaned by the Asbestos
Contractor or other entity performing the work as prescribed by 454 CMR 28.10(6) until
the requirements of 454 CMR 28.10(11)(4) or (5) are met.
(b) Clearance Air Monitoring Requirements for Smaller Asbestos Response Actions
Conducted in School Facilities and Asbestos Response Actions of All Sizes Conducted in
Non-school Facilities. For Asbestos Response Actions conducted in school facilities subject
to AHERA which involve the removal, encapsulation or enclosure of 160 square feet (or
less) or 260 linear feet (or less) of ACM, and for all Asbestos Response Actions conducted
in all non-school facilities, clearance monitoring samples must be collected and analyzed
using either the transmission electron microscopy (TEM) method prescribed by 454 CMR
28.10(1)(4) or (5) the phase contrast microscopy method, NIOSH Analytical Method 7400.
Where the TEM method of analysis is elected, the sampling, analysis, and clearance level
requirements must be as prescribed at 454 CMR 28.10(11), and 40 CFR Part 763, Appendix
A through Subpart E. Where the phase contrast microscopy method, NIOSH Method 7400,
is used, clearance air monitoring samples must be collected and analyzed as prescribed by
the NIOSH 7400 Method and 454 CMR 28.10(11)(b)1. through 4.
1. In addition to adhering to the above, the licensed Asbestos Project Monitor must use
a rotameter or other appropriate flow measuring device that has been calibrated to a
primary standard within the past six months, to measure the air flow in the sampling train
immediately prior to and immediately following the collection of the clearance air
monitoring samples.
2. Air samples must be collected within a negative pressure enclosure using the
aggressive sampling methods described in 40 CFR Part 763, Subpart E, Appendix A.
3. For facilities subject to the requirements of AHERA at least five samples, or one
sample per room, whichever is greater, must be collected and analyzed. For non-AHERA
facilities at least one sample for each 500 linear/1000 square feet of asbestos or portion
thereof, or one sample per room, whichever is greater, must be collected and analyzed.
The collection and analysis of all samples must be in accordance with the NIOSH 7400
Method. No fewer than 1080 liters of air must be collected for clearance air samples
where the NIOSH 7400 Method is used for analysis.
4. Where clearance air monitoring samples are collected and analyzed using phase
contrast microscopy pursuant to 454 CMR 28.10(11)(b), an Asbestos Response Action
must be considered complete when the concentration of asbestos in each of the air
samples collected inside the contained work space is less than or equal to 0.010 fibers per
cubic centimeter of air.
5. Should the work area fail the clearance air testing requirements of 454 CMR
28.10(11)(b)5., it must be repeatedly cleaned by the Asbestos Contractor or other entity
performing the work as prescribed by 454 CMR 28.10(6) until the requirements of
454 CMR 28.10(11)(b)4. are met.
6. All analyses of clearance air monitoring samples by phase contrast microscopy
pursuant to 454 CMR 28.10(11)(b) must be performed by an Asbestos Analytical Service
licensed and approved pursuant to 454 CMR 28.06(1)(c).
28.11: Requirements and Work Practices for Floor and Wall Asbestos Operations and Maintenance
Projects
(1) Applicability of Standards. Operations and Maintenance Projects, as defined at 454 CMR
28.02, shall be carried out in accordance with the requirements of 454 CMR 28.11. Where
Operations and Maintenance Projects cannot be carried out in accordance with the requirements
of 454 CMR 28.11, said Projects shall be carried out in accordance with 454 CMR 28.10. For
buildings not subject to 454 CMR 28.13 (AHERA), the amount of material disturbed during
Operations & Maintenance Projects shall not exceed ten square feet or 25 linear feet and is not
the sum of the individual layers (ten square feet of floor tile and ten square feet of related
asbestos mastics would be considered ten square feet of material).
(2) General Requirements for Asbestos Operations and Maintenance Projects.
(a) Exemption from Licensing Requirements; Requirements for Training.
1. Persons or entities who carry out Asbestos Operations and Maintenance Projects need
not be certified as Asbestos Contractors or licensed as Asbestos Workers or Asbestos
Supervisors, provided that all persons participating in the work have received the
Asbestos Operations and Maintenance Projects Worker training specified by 454 CMR
28.05(8), and the applicable refresher training specified at 454 CMR 28.05(8)(a)4. and
the work is conducted in accordance with the applicable provisions of 454 CMR 28.11.
2. Persons performing Operations and Maintenance Work involving only the removal
of asphaltic shingles and felts according to requirements set forth at 454 CMR 28.11(5)
may comply with the OSHA training requirements set forth at 29 CFR Part
1926.1101(k)(9)(iv) or the corresponding EPA training requirements specified by
40 CFR Part 763, Subpart G, as applicable, in lieu of fulfilling the training requirements
of 454 CMR 28.05(8) and 28.05(8)(d).
3. Persons who have received the Asbestos Worker training specified at 454 CMR
28.05(4)(a) or the Asbestos Supervisor training specified at 454 CMR 28.05(4)(b) and
the applicable refresher training specified at 454 CMR 28.05(5) will be considered to
have met the training requirements for participation in Asbestos Operations and
Maintenance Projects.
4. Persons carrying out Asbestos Operations and Maintenance Projects in their own
single-family, owner-occupied homes are exempted from the training requirements of
454 CMR 28.05(8) and (8)(d).
(b) Personal Protection. All employees who perform Asbestos Operations and Maintenance
Projects shall be comply with personal protection in accordance with the requirements of
454 CMR 28.04.
(c) Notification Requirements. Persons or entities carrying out Asbestos Operations and
Maintenance Projects shall comply with the applicable notification requirements of
454 CMR 28.09 and 28.11.
(3) General Work Practice Requirements. Persons or entities carrying out, or having
supervisory authority over Asbestos Operations and Maintenance Projects shall ensure that the
work practice requirements of 454 CMR 28.11(3)(a) through (3)(k) are met. Persons or entities
carrying out, or having supervisory authority over, Asbestos Operations and Maintenance
Projects involving the removal or disturbance of: vinyl asbestos tile; sheet asbestos-containing
floor coverings; asbestos-containing floor mastic; asbestos-containing gypsum board and joint
compounds; shall additionally comply with the applicable requirements of 454 CMR 28.11(4)
through (6).
(a) All persons not directly involved in the work shall be excluded from the Work Area for
the duration of the project by physical barriers or other appropriate means.
(b) Dust tight barriers shall be constructed, as necessary, to ensure that asbestos-containing
dust released during work activities is contained within the Work Area. Glove bags and
prefabricated mini-enclosures are permitted in place of constructed barriers.
(c) Sources of electric power for power tools or other equipment used in the Work Area
shall be ground fault circuit interrupter (GFCI) protected.
(d) ACM shall be wet with Amended Water before it is disturbed, and it shall be kept wet
throughout the work operation until properly containerized. In accordance with 454 CMR
28.10(4)(d)1., an exception to the wetting requirement may be granted by the Director, where
wetting of Asbestos-containing Material would create slipping, electrical or other safety
hazards.
(e) Where ACM is being removed, it shall be removed in an intact state to the greatest
feasible extent.
(f) Where power tools are used to cut, chip or abrade an Asbestos-containing Material, said
power tools shall be equipped with HEPA-filtered local exhaust attachments specifically
manufactured for the tools being used.
(g) Any friable ACM exposed as a result of the work operation shall be enclosed behind
dust-tight barriers or encapsulated. Encapsulants shall not be applied to severely damaged
or deteriorated ACM.
(h) HEPA vacuuming or wet cleaning shall be used to decontaminate the Work Area and
any equipment used in the work operation until all surfaces are free of Visible Debris. The
use of compressed air or dry-sweeping is prohibited.
(i) HEPA vacuums shall be emptied and decontaminated in accordance with 454 CMR
28.10(4)(b)6.
(j) Clearance Inspections. All surfaces within the Work Area shall be visually inspected for
dust, debris and other particulate residue by persons who have been trained pursuant to
454 CMR 28.05(4)(c) or (f) who are not employees or Responsible Persons of the Contractor
or other entity performing the work. The Work Area shall be repeatedly cleaned by the
Contractor or other entity carrying out the work operation until the no Visible Debris
criterion is achieved.
(k) Disposal Requirements. Asbestos-containing debris shall be containerized, labeled,
transported and disposed in accordance with 454 CMR 28.10(4)(d)2. and (5)(i); 310 CMR
7.00: Air Pollution Control and 310 CMR 19.000: Solid Waste Management; the EPA
National Emission Standard for Asbestos (NESHAP) as contained in 40 CFR Part 61,
Subpart M; and other applicable state and federal standards.
(4) Special Procedures for the Removal of Asbestos Floor Tile, Sheet Floor Coverings and
Asbestos Mastics as Operations and Maintenance Work.
(a) General Requirements.
1. Persons carrying out the removal of asbestos floor tile, sheet floor coverings and
mastics must presume that said materials contain asbestos, unless asbestos bulk analysis
or manufacturer's specifications indicate otherwise.
2. Asbestos floor tile, sheet floor coverings and mastics being removed must not be
sanded, dry-swept, dry-scraped, drilled without a HEPA shroud, sawed, abrasive-blasted,
mechanically chipped or pulverized.
3. All furniture and other movable objects must be removed from the Work Area before
asbestos response action begins. All non-moveable objects in the Work Area must be
wrapped or covered with six-mil thick (minimum) plastic sheeting. Plastic sheet
coverings must be completely sealed with duct tape or equivalent.
4. The entire floor surface from which asbestos floor tile or sheet floor coverings are to
be removed must be vacuumed with a HEPA vacuum prior to removal of the floor tile
or coverings.
5. Work shall be in compliance with the Resilient Floor Coverings Institute (RFCI)
document Recommended Work Practices for Removal of Resilient Floor Coverings
Published January 2018 found at www.rfci.com and on the Department’s website,
incorporated by reference.
(b) Procedures for Removal of Asbestos Floor Tile.
1. Except as allowed by 454 CMR 28.11(4)(b)3., floor tiles must be wetted with
amended water prior to removal and kept wet throughout the removal process.
2. Floor tiles must be individually removed by prying upward with hand scrapers or
similar hand-held tools in a manner which minimizes breakage. Removal with
spud-bars, ice scrapers or similar implements is not allowed. Where tile do not readily
release from underlying mastic, the removal tool may be struck with a hammer to
facilitate release. Floor tile must be removed in an intact state to the extent feasible.
3. Surfaces of tiles may be heated with a heat gun or other heat source to soften the
adhesive and facilitate tile removal. Where heat is used to facilitate removal, the wetting
of the tile specified by 454 CMR 28.11(4)(b)1. may be delayed until after release of the
tile from the floor surface.
4. Removed floor tile and asbestos-contaminated debris within the Work Area must be
promptly cleaned up and containerized while still wet. Containerized ACM must be
removed from the Work Area at least once each working shift. Waste not containing
components with sharp edges must be containerized in two plastic bags (six-mil
minimum thickness each bag, one inside the other) or in metal, plastic or fiber drums
with locking lids. Floor tile with sharp edges and sharp edged components likely to
puncture the plastic bags specified above must be contained in leak-proof metal, plastic
or plastic-lined, drums or boxes. The outer surface or layer of waste material shall be
free of asbestos contamination before exiting the Work Area.
5. Following containerization of floor tile and associated debris, the floor surface must
be HEPA-vacuumed while still wet and then allowed to dry.
6. Immediately after drying, the floor surface must be HEPA-vacuumed again before
the visual inspection required by 454 CMR 28.11(3)(j) is performed.
(c) Procedures for Removal of Sheet Asbestos Flooring.
1. Where it is necessary to cut sheet asbestos flooring to facilitate handling, the same
must be cut with a knife. Tearing or sawing of sheet asbestos flooring as a method of
removal is prohibited.
2. Where sheet asbestos flooring adheres to the floor surface, points of adhesion must
be continually misted or sprayed with amended water as these points are separated during
the removal process. Hand scrapers or similar hand tools may be used to facilitate
release of the sheet flooring from the underlying surface.
3. Removed sheet flooring and asbestos-contaminated debris within the Work Area
must be promptly cleaned up and containerized while still wet. Containerized ACM
must be removed from the Work Area at least once each working shift. Waste not having
sharp-edged components must be containerized in two plastic bags (six-mil minimum
thickness each bag, one inside the other) or in metal, plastic or plastic-lined drums or
boxes. Removed material or debris with sharp edges and sharp edged components likely
to puncture the plastic bags specified above must be contained in leak-proof metal,
plastic or plastic-lined, drums or boxes. The outer surface or layer of waste material shall
be free of asbestos contamination before exiting the Work Area.
4. Following containerization of sheet floor covering and associated debris, the floor
surface must be HEPA-vacuumed while still wet and then allowed to dry.
5. Immediately after drying, the floor surface must be HEPA-vacuumed again before
the visual inspection required by 454 CMR 28.11(3)(j) is performed.
(5) Special Procedures for the Removal or Repair of Asbestos-containing Gypsum Board/Joint
Compound Systems as Operations and Maintenance Work.
(a) Where removal of sections of gypsum board is required, said sections must be removed
intact to the greatest extent feasible.
(b) Where gypsum board/joint compound systems must be cut to allow removal or refitting
of sections, only the minimum number of cuts necessary to accomplish said removal or
refitting must be permitted.
(c) Manually operated tools or power tools fitted with HEPA-filtered vacuum attachments
must be used for the cutting or resurfacing of asbestos-containing gypsum board/joint
compound systems.
(d) Where manually operated tools are used for the cutting or resurfacing of gypsum
board/joint compound systems, the area being cut must be continually misted with amended
water during the cutting operation.
(e) Dry sanding of asbestos-containing wallboard/joint compound systems during refinishing
operations must not be allowed; only wet sanding is permitted.
(f) Where holes of ½” or less in diameter are to be drilled through asbestos gypsum
board/joint compound systems, the area encompassing the hole must be covered with a
sufficient quantity of shaving foam, or other suitable engineering control, to catch the
generated chips and dust. Where holes of greater than ½” are to be drilled, the area being
drilled must be continually misted with Amended Water during the drilling operation.
28.12 Special Procedures for the Removal of Asbestos Roofing and Siding Materials
(1) Requirements for Asphaltic Shingles and Felts.
(a). Asphaltic shingles and felts must be removed intact to the greatest extent feasible.
(b). Roof level heating and ventilation air intake sources must be isolated by covering with
plastic sheeting prior to the start of the work.
(c). Wet methods must be used to remove asphaltic shingles and felts that are not intact, or
will be rendered non-intact by the removal, unless such wet methods are not feasible or will
create safety hazards. This requirement notwithstanding, removal or repair of sections of
intact roofing does not require the use of wet methods or HEPA vacuuming as long as the
methods used in the removal or repair do not render the roofing material non-intact, and no
visible emissions are produced.
(d). Where cutting machines are used in the removal of asphaltic shingles and felts, said
cutting machines shall be equipped with a HEPA vacuum to capture dust produced by the
cutting process. Cutting machines that are not equipped with a HEPA vacuum to capture
dust produced by the cutting process shall only be used inside a work area for which
containment sufficient to prevent visible emissions of fugitive dust to the ambient air has
been established.
(e). Where cutting machines are used in the removal of asphaltic shingles and felts, the
material shall be adequately wetted throughout the cutting process.
(f). Dust produced by power roof cutters operating on aggregate surfaces must be removed
by HEPA vacuuming. Dust produced by power roof cutters operating on non-aggregate,
smooth surfaces must be removed by HEPA vacuuming or wet wiping along the cut line.
(g). Asbestos-containing shingles or felts must not be dropped or thrown to the ground.
Unless the material is carried or passed to the ground by hand, it must be lowered to the
ground by crane or hoist or transferred in dust-tight chutes.
(h). Intact asphaltic shingles and felts must be lowered to the ground not later than the end
of each shift. Where feasible, non-intact asphaltic shingles and felts must be kept wet at all
times while on the roof, placed in an impermeable waste bag (six-mil minimum thickness)
or wrapped in plastic sheeting (six-mil minimum thickness), sealed with duct tape and
lowered to the ground not later than the end of each work shift.
(2) Requirements for Cementitious Asbestos-Containing Shingles, Siding and Panels.
(a). Tarpaulin or plastic sheeting will be spread on the ground under the areas where the
shingles, siding or panels are being removed. Said tarpaulin or plastic sheeting must extend
away from the edge of the building and to either side of the work area a sufficient distance
to catch any debris generated by the work operation. Tarpaulin or sheeting must be cleaned
of accumulated debris no later than the end of each work shift.
(b) Openings of windows on the side of the building where the work is taking place must
be closed or sealed with polyethylene sheeting and duct tape in a manner sufficient to prevent
leakage of dust or debris to interior spaces.
(c) Cementitious asbestos-containing shingles, siding and panels must be removed whole
and intact to the greatest feasible extent. Methods predisposing shingles siding or panels to
breakage during removal is prohibited.
(d) Each panel or shingle must be adequately wetted with Amended Water prior to removal.
(e) Nails securing shingles must be cut or pulled prior to shingle removal. Shingles, siding
or panels must be carefully lowered to the ground to avoid breakage.
(f) Removed shingles, siding or panels and associated debris must be containerized in
leak-proof metal, plastic or plastic-lined drums or boxes or wrapped with double thickness
plastic sheeting (six-mil minimum thickness each layer) sealed with duct tape no later than
the end of each work shift. The outer surface or layer of waste material shall be free of
asbestos contamination before exiting the Work Area.
(g) Persons performing work involving only the removal of asbestos roofing and siding
materials may comply with the OSHA training requirements set forth at 29 CFR
1926.1101(k)(9)(iv) or the corresponding EPA training requirements specified by 40 CFR
Part 763, Subpart G, as applicable, in lieu of fulfilling the training requirements of 454 CMR
28.00.
(h) Clearance Inspections. The Work Area and perimeter shall be visually inspected for
dust, debris and other particulate residue. The Work Area and perimeter shall be repeatedly
cleaned by the Contractor or other entity carrying out the work operation until the no Visible
Debris criterion is achieved.
(i) Persons performing work involving only the removal of asbestos roofing and siding
materials must retain records and documents for a period of at least 15 years.
28.13: Requirements for Schools Subject to AHERA
In accordance with Massachusetts Department of Labor Standards Delegation from EPA
effective October 24, 1998, published in the Federal Register on Tuesday, October 27, 1998,
schools subject to AHERA must comply with 454 CMR 28.13 after July 1, 2020. Inspections,
samplings, assessments, and response actions conducted prior to July 1, 2020 must be in
accordance with 40 CFR Part 763, and 454 CMR 28.13. Unless required by circumstances such
as renovation and demolition activities, resampling of materials is not required by 454 CMR
28.13. All definitions for terms in this document are found at 454 CMR 28.02, which are as
consistent as practicable with EPA and OSHA.
454 CMR:
28.13(1): General Local AgencyRequirements;
28.13(2): Inspections and Reinspections;
28.13(3): Sampling;
28.13(4): Analysis;
28.13(5): Assessment;
28.13(6): Response Actions;
28.13(7): Operations and Maintenance;
28.13(8): Training and Periodic Surveillance;
28.13(9): Management Plans;
28.13(10): Recordkeeping;
28.13(11): Warning Labels;
28.13(12): Exclusions; and
28.13(13): Effective Date.
(1) General Local Education Agency (LEA) Requirements.
(a) Each local education agency must:
1. Ensure that the activities of any persons who perform inspections, reinspections, and
periodic surveillance, develop and update management plans, and develop and
implement response actions, including operations and maintenance, are carried out in
accordance with 454 CMR 28.00.
2. Ensure that all custodial and maintenance employees are properly trained as required
by this document and other applicable Federal and/or State regulations (e.g., the
Occupational Safety and Health Administration asbestos standard for construction,
29 CFR 1926.1101, or 454 CMR 25.00: Occupational Safety and Health for Public
Sector Workers).
3. Ensure that workers and building occupants, or their legal guardians, are informed
at least once each school year about inspections, response actions, and post-response
action activities, including periodic reinspection and surveillance activities that are
planned or in progress.
4. Ensure that short-term workers (e.g., telephone repair workers, utility workers,
computer cabling or exterminators) who may come in contact with asbestos in a school
are provided information regarding the locations of ACM and suspected ACM assumed
to be ACM.
5. Ensure that warning labels are posted in accordance with 454 CMR 28.13(11).
6. Ensure that management plans are available for inspection and notification of such
availability has been provided as specified in the management plan under 454 CMR
28.13(9).
(b) Designate a person to ensure that requirements under 454 CMR 28.12(1) are properly
implemented. Ensure that the designated person receives adequate training to perform duties
assigned under 454 CMR 28.12(1). Such training must provide, as necessary, basic
knowledge of:
1. Health effects of asbestos;
2. Detection, identification, and assessment of ACM;
3. Options for controlling ACM;
4. Asbestos management programs;
5. Relevant Federal and State regulations concerning asbestos, including those
referenced herein and those of the Occupational Safety and Health Administration, U.S.
Department of Labor, the U.S. Department of Transportation and the U.S. Environmental
Protection Agency; and
6. Consider whether any conflict of interest may arise from the interrelationship among
accredited and licensed personnel and whether that should influence the selection of
accredited and/or licensed personnel to perform activities under 454 CMR 28.12.
(2) Inspections and Reinspections.
(a) Inspections. All local education agencies (LEAs) are required to inspect each school
building that they lease, own or otherwise use as a school building to identify all locations
of friable and non-friable ACM, except for those buildings which have been inspected as
required by the AHERA and for which documentation of said inspection was filed with the
State as required by the AHERA prior to publication of 454 CMR 28.13(2).
The inspection must be conducted as described under 454 CMR 28.13(2)(b) and (c) prior
to use as a school building.
1. Each inspection must be made by a currently licensed asbestos inspector.
2. For each area of a school building, except as excluded under 454 CMR 28.13(12),
each licensed Inspector performing an inspection must:
a. Visually inspect the area to identify the locations of all suspected ACM;
b. Touch all suspected ACM to determine whether it is friable;
c. Identify all homogeneous areas of friable suspected ACM and all homogeneous
areas of non-friable suspected ACM;
d. For each identified homogeneous area that is not assumed to be ACM, collect and
submit for analysis bulk samples under 454 CMR 28.13(4);
e. Assess under 454 CMR 28.13(5) friable material in areas where samples are
collected, friable material in areas that are assumed to be ACM, and friable ACM
identified during a previous inspection; and
f. Record the following and submit to the person designated under 454 CMR
28.13(1), a copy of such record for inclusion in the management plan within 30 days
of the inspection:
i. An inspection report with the date of the inspection, signed by each licensed
person making the inspection and must include the license number and expiration
date along with a copy of current training certificate of the inspector.
ii. An inventory of the locations of the homogeneous areas where samples are
collected, exact location where each bulk sample is collected, dates that samples
are collected, homogeneous areas where friable suspected ACM is assumed to be
ACM, and homogeneous areas where non-friable suspected ACM is assumed to
be ACM;
iii. A description of the manner used to determine sampling locations, the name
and signature of each DLS licensed inspector who collected the samples,
including license number and expiration date along with a copy of current
training certificates;
iv. A list of whether the homogeneous areas identified under 454 CMR
28.12(2)(a)2.e.iv. are surfacing material, thermal system insulation, or
miscellaneous material; and
v. Assessments made of friable material, the name and signature of each
licensed inspector making the assessment, his or her license number and
expiration date and current training certificate.
(b) Reinspections.
1. At least once every three years after a management plan is implemented, each local
education agency must conduct a reinspection of all friable and nonfriable known or
assumed ACM and any not previously identified suspect ACM, regardless of whether or
not these areas were included in the original inspection and management plan, in each
school building that they lease, own, or otherwise use as a school building.
Each local education agency must submit to the Department within 30 days of the
reinspection, documentation that a reinspection has been performed. This documentation
must be submitted on a form prescribed by the Director and submitted electronically to
the Department’s website by the LEA.
2. Each inspection must be made by a licensed inspector.
3. For each area of a school building, each person performing a reinspection must:
a. Visually reinspect and reassess under 454 CMR 28.13(5) the condition of all
friable and non-friable known or assumed ACM;
b. Visually inspect material that was previously considered non-friable ACM and
touch the material to determine whether it has become friable since the last inspection
or reinspection;
c. Visually inspect and assess under 454CMR 28.13(5) materials such as, but not
restricted to, ceiling tile, wallboard, plaster walls, linoleum, fire doors, duct
insulation and vibration dampening cloth, which are considered suspect ACM;
d. Identify any homogeneous areas with material that has become friable since the
last inspection or reinspection;
e. For each homogeneous area of newly friable material that is already assumed to
be ACM, may collect and submit bulk samples for analysis in accordance with
454 CMR 28.13(3) and (4);
f. Any remaining ACM that is present and was previously unidentified, and is now
accessible and visible will be included in the reinspection, and provided a physical
assessment under 454 CMR 28.13(5);
g. Assess under 454 CMR 28.13(5) the condition of the newly friable material in
areas where samples are collected, and newly friable materials in areas that are
assumed to be ACM;
h. Reassess under 454 CMR 28.13(5) the condition of friable known or assumed
ACM previously identified;
i. Record the following and submit to the person designated under 454 CMR
28.13(1) a copy of such record for inclusion in the management plan within 30 days
of the reinspection:
i. The date of the reinspection, the name and signature of the person making the
reinspection, and any changes in the condition of known or assumed ACM;
ii. The exact locations where samples are collected during the reinspection, a
description of the manner used to determine sampling locations, the name and
signature of each licensed inspector who collected the samples, license number
and expiration date;
iii. Any assessments or reassessments made of friable material, the name and
signature of the licensed inspector making the assessments, license number and
expiration date; and
iv. General. Thermal system insulation that has retained its structural integrity
and that has an undamaged protective jacket or wrap that prevents fiber release
shall be treated as non-friable and therefore is subject only to periodic
surveillance and preventive measures as necessary.
(3) Sampling.
(a) Surfacing Material. A licensed inspector must collect bulk samples of surfacing
material, in a statistically random manner which is representative of the homogeneous area
of friable surfacing material that is not assumed to be ACM, and must collect such samples
as follows:
1. At least three bulk samples from each homogeneous area that is 1,000 square feet or
less, except as provided in 454 CMR 28.13(4);
2. At least five bulk samples must be collected from each homogeneous area that is
greater than 1,000 square feet, but less than or equal to 5,000 square feet, except as
provided in 454 CMR 28.13(4); or
3. At least seven bulk samples must be collected from each homogeneous area that is
greater than 5,000 square feet, except as provided in 454 CMR 28.13(5).
(b) Thermal System Insulation.
1. Except as provided in 454 CMR 28.13(4), a licensed inspector must collect, in a
randomly distributed manner, at least three bulk samples from each homogeneous area
of thermal system insulation that is not assumed to be ACM.
2. A licensed inspector must collect at least one bulk sample from each homogeneous
area of patched thermal system insulation that is not assumed to be ACM if the patched
section is less than six linear or square feet.
3. In a manner sufficient to determine whether the material is ACM or not ACM, a
licensed inspector must collect bulk samples from each insulated mechanical system that
is not assumed to be ACM where cement or plaster is used on fittings such as tees,
elbows, or valves, except as provided under 454 CMR 28.13(4). At least one sample per
fitting.
4. Bulk samples are not required to be collected from any homogeneous area where the
licensed inspector has determined that the thermal system insulation is fiberglass, foam
glass, rubber, or other non-ACM.
5. Miscellaneous material. In a manner sufficient to determine whether material is ACM
or not ACM, a licensed inspector must collect bulk samples from each homogeneous area
of friable miscellaneous material that is not assumed to be ACM.
6. Non-friable suspected ACM. If any homogeneous area of non-friable suspected
ACM is not assumed to be ACM, then a licensed inspector must collect, in a manner
sufficient to determine whether the material is ACM or not ACM, bulk samples from the
homogeneous area of non-friable suspected ACM that is not assumed to be ACM.
(4) Analysis.
(a) Local education agencies must have bulk samples, collected under 454 CMR 28.13(3)
and submitted for analysis and analyzed for asbestos using laboratories certified by the
Department.
(b) Bulk samples must not be composited for analysis and must be analyzed for asbestos
content by polarized light microscopy (PLM), using the EPA "Method for the Determination
of Asbestos in Bulk Building Materials'' (EPA/600/R-93/116), or TEM for non-friable
materials.
(c) A homogeneous area is considered not to contain ACM only if the results of all samples
required to be collected from the area show asbestos in amounts of 1% or less.
(d) A homogeneous area must be determined to contain ACM based on a finding that the
results of at least one sample collected from the area shows that asbestos is present in an
amount greater than 1%.
(e) The name and address of each certified Asbestos Analytical Service performing an
analysis, the date of analysis, and the name and signature of the person performing the
analysis must be submitted to the person designated under 454 CMR 28.13(1) for inclusion
into the management plan within 30 days of the analysis.
(f) The Inspector must be independent of the Asbestos Analytical Service analyzing the
samples.
(5) Assessment.
(a) For each inspection and reinspection under 454 CMR 28.13(2)(a) and (b) and previous
inspections specified under 454 CMR 28.13(1), the local education agency must have an
licensed inspector provide a written assessment of all friable known or assumed ACM in the
school building.
(b) Each licensed inspector providing a written assessment must sign and date the
assessment, provide his or her current license and training certificate, and submit a copy of
the assessment to the person designated under 454 CMR 28.13(1) for inclusion in the
management plan within 30 days of the assessment.
(c) The licensed inspector must classify and give reasons in the written assessment for
classifying the ACM and suspected ACM assumed to be ACM in the school building into
one of the following categories:
1. Damaged or significantly damaged thermal system ACM;
2. Damaged friable surfacing ACM;
3. Significantly damaged friable surfacing ACM;
4. Damaged or significantly damaged friable miscellaneous ACM;
5. ACM with potential for damage;
6. ACM with potential for significant damage; and
7. Any remaining friable ACM or friable suspected ACM.
(d) Assessment must include the following considerations:
1. Location and the amount of the material, both in total quantity and as a percentage
of the functional space;
2. Condition of the material, specifying:
3. Type of damage or significant damage (e.g., flaking, blistering, water damage, or
other signs of physical damage);
4. Severity of damage (e.g., major flaking, severely torn jackets, as opposed to
occasional flaking, minor tears to jackets);
5. Extent or spread of damage over large areas or large percentages of the homogeneous
area;
6. Whether the material is accessible;
7. The material's potential for disturbance;
8. Known or suspected causes of damage or significant damage (e.g., air erosion,
vandalism, vibration, water); and
9. Preventive measures which might eliminate the reasonable likelihood of undamaged
ACM from becoming damaged or significantly damaged.
(e) The local education agency must select a Management Planner licensed to develop
management plans to review the results of each inspection, reinspection, and assessment for
the school building and to conduct any other necessary activities in order to recommend in
writing to the local education agency appropriate response actions. The licensed person
must sign and date the recommendation, provide his or her current license and training
certificate, and, if applicable, provide his or her accreditation number, and submit a copy of
the recommendation to the person designated under 454 CMR 28.13(1) for inclusion in the
management plan.
(f) The Management Planner is responsible for informing the LEA in writing if the
Management Plan is missing in part or in whole. The LEA is then responsible for replacing
the missing portions of the Management Plan.
(6) Response Action.
(a) The local education agency must select and implement in a timely manner the
appropriate response actions in 454 CMR 28.13(5) consistent with the assessment conducted
in 454 CMR 28.13(5). The response actions selected shall be sufficient to protect human
health and the environment. The local education agency may then select, from the response
actions which protect human health and the environment, that action which is the least
burdensome. For purposes of determining which of these response actions is the least
burdensome, the local education agency may consider local circumstances, including
occupancy and use patterns within the school building, and its economic concerns, including
short-term and long-term costs. The response action must at a minimum meet the
requirements as set forth in 454 CMR 12.13(6)(a) through (h). No asbestos abatement shall
be performed in a school building while school is in session during normal school hours
without the prior written approval of the Department, except for an emergency project.
(b) If damaged or significantly damaged thermal system insulation ACM is present in a
building, the local education agency must:
1. Repair the damaged area; or
2. Remove the damaged material if it is not feasible, due to technological factors, to
repair the damage; and
3. Maintain all thermal system insulation ACM and its covering in an intact state and
undamaged condition.
(c) If damaged friable surfacing ACM or damaged friable miscellaneous ACM is present
in a building, the local education agency must select the response actions that best protects
human health and the environment from among the following:
1. Encapsulation;
2. Enclosure;
3. Removal; or
4. Repair.
(d) If significantly damaged friable surfacing ACM or significantly damaged friable
miscellaneous ACM is present in a building the local education agency must:
1. Immediately isolate the functional space and restrict access, unless the licensed
management planner determines that isolation is not necessary to protect human health
and the environment; and
2. Remove the material in the functional space or, depending upon whether the licensed
management planner determines that enclosure or encapsulation would be sufficient to
protect human health and the environment, enclose or encapsulate.
(e) If any friable surfacing ACM, thermal system ACM, or friable miscellaneous ACM that
has potential for damage is present in a building, the local education agency must at least
implement an O & M program, as described under 454 CMR 28.13(7).
(f) If any friable surfacing ACM, thermal system insulation ACM, or friable miscellaneous
ACM that has potential for significant damage is present in a building, the local education
agency must:
1. Implement an O & M program as described under 454 CMR 28.13(7);
2. Immediately isolate the area and restrict access if necessary to avoid an imminent and
substantial endangerment to human health or the environment;
3. Institute preventive measures appropriate to eliminate the reasonable likelihood that
the ACM or its covering will become significantly damaged, deteriorated, or
delaminated; and
4. Remove the material as soon as possible if appropriate preventive measures cannot
be effectively implemented. Or, unless other response actions are determined to protect
human health and the environment, immediately isolate the area and restrict access if
necessary to avoid an imminent and substantial endangerment to human health or the
environment.
(g) Response actions including removal, encapsulation, enclosure, or repair, other than
small-scale, short-duration repairs, must be designed and conducted by persons licensed to
design and conduct response actions.
(h) Completion of Response Actions.
1. At the conclusion of any action to remove, encapsulate, or enclose ACM or material
assumed to be ACM, a licensed person designated by the local education agency must
visually inspect each functional space where such action was conducted to determine
whether the action has been properly completed.
2. A licensed project monitor designated by the local education agency must collect air
samples using aggressive sampling as described in 40 CFR Part 763, Subpart E,
Appendix A, to monitor air for clearance after each removal, encapsulation, and
enclosure project involving ACM, except for projects that are small scale short durations
as defined in 454 CMR 28.02.
3. Local education agencies must have air samples collected under 454 CMR
28.12(6)(h) analyzed for asbestos using laboratories accredited by the National Institute
of Standards and Technology with current certification from DLS to conduct such
analysis using transmission electron microscopy (TEM) or, under circumstances
permitted in 454 CMR 28.12(6)(h), laboratories enrolled in the American Industrial
Hygiene Association Proficiency Analytical Testing Program for phase contrast
microscopy (PCM).
4. Except as provided in 454 CMR 28.12(5) and (6), an action to remove, encapsulate,
or enclose ACM must be considered complete when the average concentration of
asbestos of five air samples collected within the affected functional space and analyzed
by the TEM method in 40 CFR Part 763, Subpart E, Appendix A, is not statistically
significantly different, as determined by the Z-test calculation found in Appendix A from
the average asbestos concentration of five air samples collected at the same time outside
the affected functional space and analyzed in the same manner, and the average asbestos
concentration of the three field blanks described in Appendix A is below the filter
background level, as defined in Appendix A, of 70 structures per square millimeter (70
s/sq mm).
5. An action must also be considered complete if the volume of air drawn for each of
the five samples collected within the affected functional space is equal to or greater than
1,199 liters of air for a 25 mm filter or equal to or greater than 2,799 liters of air for a
37 mm filter, and the average concentration of asbestos as analyzed by the TEM method
in 40 CFR Part 763, Subpart E, Appendix A, for the five air samples does not exceed the
filter background level, as defined in Appendix A, of 70 structures per square millimeter
(70 s/sq mm). If the average concentration of asbestos of the five air samples within the
affected functional space exceeds 70 structures per square millimeter (70 s/sq mm), or
if the volume of air in each of the samples is less than 1,199 liters of air for a 25 mm
filter or less than 2,799 liters of air for a 37 mm filter the action must be considered
complete only when the requirements of 454 CMR 28.12(4) or (6) are met.
6. At any time, a local education agency may analyze air monitoring samples collected
for clearance purposes by phase contrast microscopy (PCM) to confirm completion of
removal, encapsulation, or enclosure of ACM that is greater than a small scale short
duration as defined in 454 CMR 28.02, and less than or equal to 160 square feet or 260
linear feet. The action must be considered complete when the results of samples
collected in the affected functional space and analyzed by phase contrast microscopy
using the most current National Institute for Occupational Safety & Health (NIOSH)
Method 7400, Issue 3, dated April 29, 2019 show that the concentration of fibers for each
of the five or more samples is less than or equal to a limit of quantitation for PCM - 0.01
fibers per cubic centimeter (0.01 f/cc) of air.
7. To determine the amount of ACM affected under 454 CMR 28.12(6), the local
education agency must add the total square or linear footage of ACM within the
containment barriers used to isolate the functional space for the action to remove,
encapsulate, or enclose the ACM. Contiguous portions of material subject to such action
conducted concurrently or at approximately the same time within the same school
building must not be separated to qualify under 454 CMR 28.12(6).
(i) The requirements of 454 CMR 28.12(6) in no way supersede the worker protection and
work practice requirements under any applicable state regulation, including M.G.L. c. 149,
§ 6½.
(7) Operations and Maintenance (O & M).
(a) Applicability. The local education agency must implement an O & M program under
454 CMR 28.12(7) whenever any friable ACM is present or assumed to be present in a
building that it leases, owns, or otherwise uses as a school building. Any material identified
as non-friable ACM or non-friable assumed ACM must be treated as friable ACM for
purposes of 454 CMR 28.12(7) when the material is about to become friable as a result of
activities performed in the school building.
(b) Cleaning.
1. Initial Cleaning. Unless the building has been cleaned using equivalent methods
within the previous six months, all areas of a school building where friable ACM,
damaged or significantly damaged thermal system insulation ACM, or friable suspected
ACM assumed to be ACM are present must be cleaned at least once after the completion
of the required initial inspection under 454 CMR 28.13(7)(a) and before the initiation of
any response action, other than O & M activities or repair, according to the following
procedures:
a. HEPA-vacuum or steam-clean all carpets;
b. HEPA-vacuum or wet-clean all other floors and all other horizontal surfaces; and
c. Dispose of all debris, filters, mop heads, and cloths in sealed, leak-tight
containers.
2. Additional Cleaning. The licensed management planner must make a written
recommendation to the local education agency whether additional cleaning is needed, and
if so, the methods and frequency of such cleaning.
(c) Operations and Maintenance Activities. The local education agency must ensure that
the procedures described in 454 CMR 28.12(7)(c)1. through 6. to protect building occupants
must be followed for any operations and maintenance activities disturbing friable ACM.
1. Restrict entry into the area by persons other than those necessary to perform the
maintenance project, either by physically isolating the area or by scheduling.
2. Post signs to prevent entry by unauthorized persons.
3. Shut off or temporarily modify the air-handling system and restrict other sources of
air movement.
4. Use work practices or other controls, such as: wet methods, protective clothing,
HEPA-vacuums, mini-enclosures or glove bags, as necessary to inhibit the spread of any
released fibers.
5. Clean all fixtures or other components in the immediate work area.
6. Place the asbestos debris and other cleaning materials in a sealed, leak-tight
container.
(d) Maintenance Activities Other than Small Scale Short Duration Ones. The response
action for any maintenance activities disturbing friable ACM, other than small scale short
durations, must be designed by persons licensed to design response actions and conducted
by persons licensed to conduct response actions.
(e) Fiber Release Episodes.
1. Minor fiber release episode. The local education agency must ensure that the
procedures described below are followed in the event of a minor fiber release episode
(i.e., the falling or dislodging of three square or linear feet or less of friable ACM).
a. Thoroughly saturate the debris using wet methods;
b. Clean the area, as described in 454 CMR 28.13(7)(d);
c. Place the asbestos debris in a sealed, leak-tight container;
d. Repair the area of damaged ACM with materials such as; asbestos-free spackling,
plaster, cement, or insulation; or seal with latex paint or an encapsulant; or
immediately have the appropriate response action implemented as required by
454 CMR 28.13(2).
2. Major Fiber Release Episode. The local education agency must ensure that the
procedures described in 454 CMR 28.12(7)(e)2.a. through d. are followed in the event
of a major fiber release episode (i.e., the falling or dislodging of more than three square
or linear feet of friable ACM).
a. Restrict entry into the area and post signs to prevent entry into the area by persons
other than those necessary to perform the response action.
b. Shut off or temporarily modify the air-handling system to prevent the distribution
of fibers to other areas in the building.
c. The response action for any major fiber release episode must be designed by
persons licensed to design response actions and conducted by persons licensed to
conduct response actions.
d. The local education agency must notify the Department of any major fiber release
episode within 24 hours of its occurrence and, if necessary, provide written
notification as required by applicable federal and/or state regulations.
(8) Training and Periodic Surveillance.
(a) Training.
1. The local education agency must ensure, prior to the implementation of the O & M
provisions of the management plan, that all members of its maintenance and custodial
staff (custodians, electricians, heating/air conditioning engineers, plumbers, etc.) who
may work in a building that contains ACM receive awareness training of at least two
hours, whether or not they are required to work with ACM. New custodial and
maintenance employees must be trained within 60 days after commencement of
employment. Training must include, but not be limited to:
a. Information regarding asbestos and its various uses and forms;
b. Information on the health effects associated with asbestos exposure;
c. Locations of ACM identified throughout each school building in which they
work;
d. Recognition of damage, deterioration, and delamination of ACM; and
e. Name and telephone number of the person designated to carry out general local
education agency responsibilities under 454 CMR 28.13(1) and the availability and
location of the management plan.
2. The local education agency must ensure that all members of its maintenance and
custodial staff who conduct any activities that will result in the disturbance of ACM must
receive training described in 454 CMR 28.13(1) and 14 hours of additional training.
Additional training must include, but not be limited to:
a. Descriptions of the proper methods of handling ACM;
b. Information on the use of respiratory protection as contained in the EPA/NIOSH
Guide to Respiratory Protection for the Asbestos Abatement Industry, September
1986 (EPA 560/OPTS-86-001), as amended, and other personal protection measures;
c. The provisions of 454 CMR 28.13(7), 40 CFR Part 763, Subpart E, Appendices
A, B, C, D of EPA regulations contained in 40 CFR Part 763, Subpart G, and in
40 CFR Part 61, Subpart M, and OSHA regulations contained in 29 CFR 1926.1101,
as respectively amended; and M.G.L. c. 149, § 6½; and
d. Hands-on training in the use of respiratory protection, other personal protection
measures, and good work practices.
3. Local education agency maintenance and custodial staff who have attended a training
program accredited under the EPA Model Accreditation Plan, which includes as a
minimum all of the training requirements listed in 454 CMR 28.13(8), must be
considered trained for the purposes of 454 CMR 28.13(8).
(b) Periodic Surveillance.
1. At least once every six months after a management plan is in effect, each local
education agency must conduct periodic surveillance in each building that it leases, owns,
or otherwise uses as a school building that contains ACM or is assumed to contain ACM.
The reinspection required every three years under 454 CMR 28.13(2) will satisfy the six-
month periodic surveillance requirement if the reinspection coincides with the date of the
six month surveillance inspection.
2. Each person performing periodic surveillance must:
a. Visually inspect all areas that are identified in the management plan as ACM or
assumed ACM;
b. Record the date of the surveillance, his or her name, and any changes in the
condition of the materials; and
c. Submit to the person designated to carry out general local education agency
responsibilities under 454 CMR 28.13(1) a copy of such record for inclusion in the
management plan.
(9) Management Plans.
(a) Each local education agency must develop an asbestos management plan for each
school, including all buildings that they lease, own, or otherwise use as school buildings, and
submit the plan to the Department.
(b) Each local education agency must implement its management plan prior to its use or
occupancy of the building or part of the building as a school.
(c) Each local education agency shall maintain and update its management plan to keep it
current with ongoing operations and maintenance, periodic surveillance, inspection,
reinspection, and response action activities. All provisions required to be included in the
management plan under 454 CMR 28.12(9) shall be retained as part of the management plan,
as well as any information that has been revised to bring the plan up-to-date.
(d) The management plan shall be developed by a licensed management planner and shall
include:
1. A list of the name and address of each school building and whether the school
building contains friable ACM, non-friable ACM and friable and non-friable suspected
ACM assumed to be ACM;
2. A list of specific steps or actions to be completed prior to the use or occupancy of the
building or part of the building as a school;
3. For each inspection conducted before December 14, 1987:
a. The date of the inspection;
b. A blueprint, diagram, or written description of each school building that identifies
clearly each location and approximate square or linear footage of any homogeneous
or sampling area where material was sampled for ACM, and, if possible, the exact
locations where bulk samples were collected, and the dates of collection;
c. A copy of the analyses of any bulk samples, dates of analyses, and a copy of any
other certified Asbestos Analytical Service reports pertaining to the analyses;
d. A description of any response actions or preventive measures taken to reduce
asbestos exposure including, if possible, the names and addresses of all contractors
involved, start and completion dates of the work, and results of any air samples
analyzed during and upon completion of the work; and
e. A description of assessments, required to be made under 454 CMR 28.13(5) of
material that was identified before December 14, 1987, as friable ACM or friable
suspected ACM assumed to be ACM, and the name, signature, and current license
and training certificate, and if applicable, accreditation number of each licensed
person making the assessments.
4. For each inspection and reinspection conducted under 454 CMR 28.13(2):
a. The date of the inspection or reinspection, and the name and signature, current
license and training certificate inspector performing the inspection or reinspection;
b. Blueprint, diagram, or written description of each school building which
identifies clearly each location and approximate square or linear footage of
homogeneous areas where material was sampled for ACM, the exact location where
each bulk sample was collected, date of collection, homogeneous areas where friable
suspected ACM is assumed to be ACM, and where nonfriable suspected ACM is
assumed to be ACM;
c. A description of the manner used to determine sampling locations, and the name
and signature of each licensed inspector collecting samples, a copy of the current
license and training certificate;
d. A copy of the analyses of any bulk samples collected and analyzed, the name and
address of any Asbestos Analytical Service that analyzed bulk samples, a statement
that the Asbestos Analytical Service meets the applicable requirements of 454 CMR
28.13(4), the date of analysis, and the name and signature of the person performing
the analysis; and
e. A description of assessments, required to be made under 454 CMR 28.13(5), of
all ACM and suspected ACM assumed to be ACM, and the name, signature, current
license and training certificate, and if applicable, accreditation number of each
licensed person making the assessments.
5. The name, address, and telephone number of the person designated under 454 CMR
28.13(1) to ensure that the duties of the local education agency are carried out, and the
course name, and dates and hours of training taken by that person to carry out the duties;
6. The recommendations made to the local education agency regarding response actions,
per 454 CMR 28.13(6)(e), including the name, signature, current license and training
certificate of each person making the recommendations.;
7. A detailed description of preventive measures and response actions to be taken,
including methods to be used for any friable ACM, the locations where such measures
and action will be taken, reasons for selecting the response action or preventive measure,
and a schedule for beginning and completing each preventive measure and response
action;
8. With respect to the person or persons who inspected for ACM and who will design
or carry out response actions, except for operations and maintenance with respect to the
ACM, a statement that the person has current license(s) and training;
9. A detailed description, which shall be updated as response actions are completed, in
the form of a blueprint, diagram, or in writing of any ACM or suspected ACM assumed
to be ACM which remains in the school once response actions are undertaken pursuant
to 454 CMR 28.13(6);
10. A plan for reinspection under 454 CMR 28.13(2), a plan for operations and
maintenance activities under 454 CMR 28.13(7) and a plan for periodic surveillance
under 454 CMR 28.13(8), a description of the recommendation made by the management
planner regarding additional cleaning of 454 CMR 28.13(7)(b)2. as part of an operations
and maintenance program, and the response of the local education agency to the
recommendations issued;
11. A description of steps taken to inform workers and building occupants, or their legal
guardians, about inspections, reinspections, response actions, and post-response action
activities, including periodic reinspection and surveillance activities that are planned or
in progress;
12. An evaluation of the resources needed to complete response actions successfully and
carry out reinspection, operations and maintenance, periodic surveillance and training;
and
13. With respect to each consultant who contributed to the management plan, the name,
license and current training of the individual.
(e) Upon submission of a management plan to the Department, a local education agency
shall maintain in its administrative office a complete, updated copy of a management plan
for each school under its administrative control or direction.
1. The management plans shall be available, without cost or restriction, for inspection
by representatives of EPA and the State, the public, including teachers, other school
personnel and their representatives, and parents. The local education agency may charge
a reasonable cost to make copies of management plans.
2. Each school shall maintain in its administrative office a complete, updated copy of
the management plan for that school. Management plans shall be available for inspection,
without cost or restriction, to workers before work begins in any area of a school
building. The school shall make management plans available upon demand for
inspection to representatives of EPA and the State. The school shall make management
plans available to the public, including parents, teachers, and other school personnel and
their representatives within five working days after receiving a request for inspection.
The school may charge a reasonable cost to make copies of the management plan.
3. Upon submission of its initial management plan to the Department and at least once
each school year, the local education agency shall notify in writing parents, teachers, and
employee organizations of the availability of management plans and shall include in the
management plan a description of the steps taken to notify such organizations, and a
dated copy of the notification. In the absence of any such organizations for parents,
teachers, or employees, the local education agency shall provide written notice to that
relevant group of the availability of management plans and shall include in the
management plan a description of the steps taken to notify such groups, and a dated copy
of the notification.
(f) Records required under 454 CMR 28.13(10) shall be made by local education agencies
and maintained as part of the management plan.
(g) Each management plan must contain a true and correct statement, signed by the
individual designated by the local education agency under 454 CMR 28.13(1), which certifies
that the general local education agency responsibilities, as stipulated by 454 CMR 28.13(1)
have been met or will be met.
(10) Recordkeeping.
(a) Records required under 454 CMR 28.13(10) shall be maintained in a centralized
location in the administrative office of both the school and the local education agency as part
of the management plan. For each homogeneous area where all ACM has been removed, the
local education agency shall ensure that such records are retained for three years after the
next reinspection required under 454 CMR 28.13(2)(b)1.
(b) For each preventive measure and response action taken for friable and non-friable ACM
and friable and non-friable suspected ACM assumed to be ACM, the local education agency
shall maintain as part of the management plan the following:
1. A detailed written description of the measure or action, including methods used, the
location where the measure or action was taken, reasons for selecting the measure or
action, start and completion dates of the work, names and addresses of all contractors
involved, and if applicable, their current license and training certificate, and if ACM is
removed, the name and location of storage or disposal site of the ACM; and
2. The name, signature, current license and training certificate of any person collecting
any air sample required to be collected at the completion of certain response actions
specified by 454 CMR 28.13(6)(h), the locations where samples were collected, date of
collection, the name and address of the Asbestos Analytical Service analyzing the
samples, the date of analysis, the results of the analysis, the method of analysis, the name
and signature of the person performing the analysis, and a statement that the Asbestos
Analytical Service meets the applicable requirements of 454 CMR 28.13(6)(h)3.
(c) For each person required to be trained under 454 CMR 28.13(8)(a)1. and 2., the local
education agency shall record the person's name and job title, the date that training was
completed by that person, the location of the training, and the number of hours completed
in such training.
(d) For each time that periodic surveillance under 454 CMR 28.13(8)(b) is performed, the
local education agency shall record the name of each person performing the surveillance, the
date of the surveillance, and any changes in the conditions of the materials.
(e) For each time that cleaning under 454 CMR 28.13(7)(b) is performed, the local
education agency shall record the name of each person performing the cleaning, the date of
such cleaning, the locations cleaned, and the methods used to perform such cleaning.
(f) For each time that an operations and maintenance activity under 454 CMR 28.13(7)(c)
of is performed, the local education agency shall record the name of each person performing
the activity, the start and completion dates of the activity, the locations where such activity
occurred, a description of the activity including preventive measures used, and if ACM is
removed, the name and location of the storage or disposal site of the ACM.
(g) For each time that major asbestos activity under 454 CMR 28.13(7) is performed, the
local education agency shall record the name and signature, current license and training
certificate of each person performing the activity, the start and completion dates of the
activity, the locations where such activity occurred, a description of the activity, including
preventive measures used, and if ACM is removed, the name and location of the storage or
disposal site of the ACM.
(h) For each fiber release episode under 454 CMR 28.13(7)(e), the local education agency
shall record the date and location of the episode, the method of repair, preventive measures
or response action taken, the name of each person performing the work, and if ACM is
removed, the name and location of the storage or disposal site of ACM.
(11) Warning Labels.
(a) The local education agency must attach a warning label adjacent to any friable or
nonfriable ACM or suspected ACM assumed to be ACM located in routine maintenance
areas (such as boiler and mechanical rooms) and storage areas at each school building. These
labels must be placed adjacent to the following locations:
1. Friable ACM for which the response was any action other than removal; and
2. ACM for which no response action was carried out.
(b) All labels must be of large size and prominently displayed in readily visible locations
so that persons may read the signs and take necessary protective steps before entering the
area. All labels must remain posted until the ACM that is labeled is removed.
(c) The warning label shall read, in bright colors, as follows:
CAUTION: ASBESTOS, HAZARDOUS, DO NOT DISTURB WITHOUT
PROPER TRAINING AND EQUIPMENT.
(d) The local education agency must post these labels in a bilingual form whenever it
determines that a significant employee population requires a translated format.
(12) Exclusions.
(a) A local education agency shall not be required to perform an inspection under 454 CMR
28.13(2)(a) in any sampling area or homogeneous area of a school building where any of the
following conditions apply.
1. A licensed inspector has determined that, based on sampling records, friable ACM
was identified in that homogeneous or sampling area during an inspection conducted
before December 14, 1987. The inspector must sign and date a statement to that effect
with his or her current license and training certificate and if applicable, accreditation
number and, within 30 days after such determination, submit a copy of the statement to
the person designated under 454 CMR 28.13(1) for inclusion in the management plan.
However, a licensed inspector must assess the friable ACM under 454 CMR 28.13(6).
2. A license inspector has determined, based on sampling records, that non-friable ACM
was identified in that homogeneous or sampling area during an inspection conducted
before December 14, 1987. The inspector must sign and date a statement to that effect
with his or her current license and training certificate and within 30 days after such
determination, submit a copy of the statement to the person designated under 454 CMR
28.13(2)(a) for inclusion in the management plan. However, an inspector must identify
whether material that was non-friable has become friable since that previous inspection
and must assess the newly friable ACM under 454 CMR 28.13(5).
3. Based on sampling records and inspection records, a licensed inspector has
determined that no ACM is present in the homogeneous or sampling area and the records
show that the area was sampled, before December 14, 1987, under 454 CMR 28.13(2)(a),
in a random manner and with a sufficient number of samples to reasonably ensure that
the area is not ACM.
a. The inspector must sign and date a statement, with his or her current license and
training certificate, that the homogeneous or sampling area determined not to be
ACM was sampled in substantial compliance with 454 CMR 28.13(2)(a);
b. Within 30 days after the inspector's determination, the local education agency
must submit a copy of the inspector's statement to the Department and must include
the statement in the management plan for that school.
4. A licensed inspector has determined, based on records of an inspection conducted
before December 14, 1987, that suspected ACM identified in that homogeneous or
sampling area is assumed to be ACM. The inspector must sign and date a statement to
that effect, with his or her current license and training certificate, within 30 days of such
determination, submit a copy of the statement to the person designated under 454 CMR
28.13(5) for inclusion in the management plan. However, an inspector must identify
whether material that was non-friable suspected ACM assumed to be ACM has become
friable since the previous inspection and must assess the newly friable material and
previously identified friable suspected ACM assumed to be ACM under 454 CMR
28.13(5).
5. Based on inspection records and contractor and clearance records, an inspector has
determined that no ACM is present in the homogeneous or sampling area where asbestos
removal operations have been conducted before December 14, 1987 and must sign and
date a statement to that effect and include his or her current license and training
certificate and, if applicable, accreditation number. The local education agency must
submit a copy of the statement to the Department and must include the statement in the
management plan for that school.
6. An architect or project engineer responsible for the construction of a new school
building built after October 12, 1988, or a licensed inspector signs a statement that no
ACM was specified as a building material in any construction document for the building,
or, to the best of his or her knowledge, no ACM was used as a building material in the
building. The local education agency must submit a copy of the signed statement of the
architect, project engineer, or licensed inspector to the Department and must include the
statement in the management plan for that school.
(b) The exclusions, under 454 CMR 28.12, from conducting the inspection under 454 CMR
28.13(2)(a), must apply only to homogeneous or sampling areas of a school building that
were inspected and sampled before October 17, 1987. The local education agency must
conduct an inspection under 454 CMR 28.13(2)(a) of all areas inspected before
October 17, 1987 that were not sampled or were not assumed to be ACM.
(c) If ACM is subsequently found in a homogeneous or sampling area of a local education
agency that had been identified as receiving an exclusion by an inspector under 454 CMR
28.13(12)(a)3. or 4., or by an architect, project engineer or licensed inspector under
454 CMR 28.13(12)(a)6. the local education agency shall have 180 days following the date
of identification of ACM to comply with 454 CMR 28.00.
28.14: Work Practices for Asbestos Cement Pipe (ACP)
(1) Asbestos Cement Pipe Maintenance and Repair Requirements.
(a) Public and Private Utility Contractors or other entities who have completed the "eight-
hour OSHA Class II Asbestos Training: Asbestos Cement Pipe (ACP) Worker Safety"
course found at 454 CMR 28.05 or a course similar in length and content reviewed and
approved in writing by the Department shall comply with the following provisions and
procedures.
1. Complete a survey as required under 310 CMR 7.15(12A)(b).
2. Asbestos-cement pipe shall be handled in a manner that will minimize the risk of
making it friable ACM or releasing asbestos dust into the environment, and with minimal
disturbance.
3. Expose the asbestos cement pipe without disturbing the pipe. Excavate no closer
than six inches of the pipe. Carefully uncover the remainder of the soil surrounding the
pipe by hand or with a shovel.
4. An assessment shall be made by a person trained per 454 CMR 28.05(9) to determine
if the pipe is damaged, cracked or broken.
a.
Not Damaged (intact and not deteriorated):
i Place six-mil thick polyethylene ("poly") sheeting under the asbestos cement
pipe to prevent soil contamination.
ii. Adequately wet the asbestos cement pipe with amended water using
surfactant or liquid soap before and during removal to avoid creating airborne
dust.
iii. Separate the asbestos cement pipe at the nearest coupling (bell or
compression fitting).
iv. Slide the pipe apart at the joints (no saw cutting) or use other methods that
do not cause the pipe to break, become friable or otherwise create the potential
to release asbestos fibers.
v. Wrap the wet asbestos cement pipe and other debris in two layers of six-mil
polyethylene sheeting, seal with duct tape and label in accordance with all
applicable regulatory requirements. This can be done in the trench or adjacent
to the trench.
vi. If the trench is filled with water, the placement of polyethylene sheeting is
not required.
vii. Manage wrapped asbestos cement pipe, polyethylene sheeting and any other
material contaminated with visible asbestos debris as asbestos-containing waste
(ACW) in accordance with 310 CMR 7.15: U Asbestos and 310 CMR 19.061:
Special Waste
b. Damaged (deteriorated or not intact) or when cutting or mechanical breakage
(e.g., with saws, snap or blade cutting, and/or tapping) is necessary:
i. Place six-mil thick polyethylene sheeting under the asbestos cement pipe to
prevent soil contamination.
ii. Adequately wet asbestos cement pipe with amended water where cutting or
breaking will occur.
iii. Saw cutting of asbestos cement pipe shall only be conducted with a
HEPA-shrouded vacuum attachment or wet cutting equipment, unless it is
conducted within a small enclosure that isolates the area in which the saw cutting
is being conducted to prevent the release of asbestos fibers to ambient air.
iv. Wrap wet asbestos cement pipe in two layers of six-mil polyethylene
sheeting, seal with duct tape and label. Work shall be done either in the trench or
adjacent to the trench.
v. Manage wrapped asbestos cement pipe, polyethylene sheeting and any other
material contaminated with visible asbestos debris as asbestos-containing waste
(ACW) in accordance with 310 CMR 7.15: U Asbestos and 310 CMR 19.061:
Special Waste
c. For activities that disturb friable ACM, no visible emissions shall be discharged
to the outside air during the collection, processing, packaging or transporting of any
ACM or ACW.
5. The final visual inspection shall be satisfied by complying with the following
requirements:
a. The visual inspection shall be performed by a person trained per 454 CMR
28.05(9).
b. The person conducting the final visual inspection shall:
c. Inspect the work area to ensure there was no visible debris remaining:
i. In the excavation trench;
ii. In soil excavated from the trench;
iii. In the surrounding area adjacent to the trench after the removal of the
asbestos cement pipe; and
iv. On any tools used during the removal/repair/replacement activities.
d. Ensure that all ACM has been removed for proper storage/disposal.
e. Sign and date the documentation of the final inspection as evidence that the
inspection was performed and that the condition of "no remaining visible debris" was
met. Owners/operators shall keep such documentation at their regular place of
business for two years from the date of final visual inspection and provide it to the
Department upon request.
28.15: Recordkeeping
(1) Maintenance, Submission and Retention of Records. Certified Asbestos Training Providers,
Contractors, Analytical Service Provider, Asbestos Consulting Services and employers of
Operations and Maintenance Workers must maintain the records as indicated at 454 CMR
28.15(2) through (4) and make said records available to the Director upon request.
(2) Entities must provide photocopies of such records or documents within ten business days
of receipt of a written request from the Director.
(3) Records and documents required to be kept by 454 CMR 28.10 must be retained for a period
of 30 years from the date of project or activity completion, except those records required to be
kept by 454 CMR 28.11(2) must be kept for a period of at least 15 years.
(4) Entities or persons ceasing to do business or relocating the principal place of business must
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 Department or may specify a
repository for such records. The entity or person must comply with the Director's instructions
within 60 days.
28.16: Administrative License and Certificate Actions/Denial, Revocation, Suspension or Refusal to Renew
a License
(1) General Administrative Proceedings. The Director may deny, revoke, suspend or refuse to
renew a license or certificate issued pursuant to 454 CMR 28.00 upon finding of sufficient cause.
License and Certificate applicants or holders must be advised by the Director in writing of the
proposed denial, revocation, suspension or refusal to renew and the reasons therefore. Said
parties have the right to appeal the Director's determination through an administrative hearing
in accordance with the provisions of M.G.L. c. 30A, and 801 CMR 1.00: Standard Adjudicatory
Rules of Practice and Procedure by submitting a written request for such hearing within 14
calendar days of receiving notice of such administrative action.
(2) Sufficient Cause. The following shall be sufficient cause for the Director's denial,
revocation, suspension or refusal to renew a license or certificate issued pursuant to 454 CMR
28.00:
(a) False statements in the application.
(b) Omission or falsification of documentation or information required to be submitted to
the Director pursuant to any provisions of 454 CMR 28.00.
(c) Failure to comply with the applicable provisions of M.G.L. c. 149 or M.G.L. c. 111F,
454 CMR 28.00, or rules or orders issued thereunder.
(d) Failure to comply with laws, rules and regulations relating to occupational or public
health and safety and environmental protection.
(e) Failure to maintain records required by 454 CMR 28.00 or documents incorporated by
reference herein or make them available to the Director upon request.
(f) Outstanding debt to the Department.
(g) Failure to make corrective actions based on enforcement issued by a regulatory agency,
including, but not limited to, notices of noncompliance, notices of responsibility, notices of
intent to assess an administrative penalty, orders, consent orders, court judgments, written
warnings, cease work orders, settlement agreements, and civil citations.
(h) In the case of Certified Asbestos Training Providers, or applicants for certification as
Asbestos Training Providers, the following shall also constitute sufficient cause:
1. Failure to demonstrate the ability to provide the training courses for which the
applicant seeks to be certified in compliance with the requirements of 454 CMR 28.09;
2. Failure to provide or maintain the standards of training required by 454 CMR 28.00;
or
3. Failure to provide minimum instruction required by 453 CMR 28.00.
(i) In the case of Certified Asbestos Consulting Services and Asbestos Consultants or
applicants for certification thereto, the following shall also constitute sufficient cause:
1. Gross technical errors or errors of judgment;
2. Failure to properly execute authorized consultative activities;
(j) In the case of certified providers of Analytical Services, or applicants for certification
as providers of Analytical Services, the following shall also constitute sufficient cause:
1. Failure to maintain successful participation in required proficiency testing programs;
2. Gross technical errors or errors of judgment relating to activities covered by the
License; and
3. Loss of professional accreditation or license, where such is a required qualification.
(k) Any other cause affecting the responsibility of the license or certificate holder which the
Director determines to be of such serious and compelling nature as to warrant denial,
suspension, revocation or refusal to renew.
(3) Conditional Licenses and Certificates, Consent Agreements and Probation. The Director
may issue licenses and certificates subject to conditions specified therein, enter into consent
agreements with the holder or place the license or certificate holder on probation for sufficient
cause.
(4) Order of Summary Suspension and Hearing. The Director may summarily suspend a license
or certificate on an emergency basis if, in his or her determination, the actions of the license or
certificate holder present an immediate and serious threat to the health, safety or welfare of the
workers or the general public. The Director shall issue a written order of summary suspension,
stating the reason(s) therefor. The summary suspension order shall also notify the license or
certificate holder of the date, time, and place of a hearing on the necessity for the summary
suspension. Such hearing shall be held within seven days of issuance of the summary suspension
order and shall be conducted in accordance with the provisions of M.G.L. c. 30A, and 801 CMR
1.00: Standard Adjudicatory Rules of Practice and Procedure. At the license or certificates
holder's request, the Director may reschedule this hearing to a date and time mutually agreeable
to the license or certificate holder and the Director. Any rescheduling of the hearing granted at
the license or certificate holder's request shall not operate to lift the summary suspension order.
Summary suspensions may be issued in conjunction with license or certificate revocations,
suspensions, or refusals to renew.
28.17: Cease and Desist Orders
(1) General. The Director, upon determination that there is a violation of any work place
standard which compromises the protection of the general public or the occupational health and
safety of workers, or of any standard or requirement for licensure or certification, may order any
worksite to be closed by way of the issuance of a Cease and Desist order enforceable in the
appropriate courts of the Commonwealth. For purposes of such Cease and Desist orders, the
worksite may include the area where asbestos related work is being performed and other areas
of a facility or location which the Director determines may be hazardous to the health and safety
of workers and the general public as a result of such asbestos work.
(2) Form and Content of Order. Cease and Desist Orders shall be in writing and shall, at a
minimum, contain the following:
(a) A description of the premises or work area to which the order applies;
(b) Violations or conditions serving as the basis for issuing the order; and
(c) Any conditions that must be met or remedial action to be taken before the order can be
lifted.
(3) Issuance of Cease and Desist Orders. A Cease and Desist order shall be effective
immediately upon delivery in hand or by certified mail to any Responsible Person or agent of the
contractor or entity performing the work. A copy of the order shall also be delivered in hand or
by certified mail to the facility owner or his or her agent to the address on record with the
Secretary of State. A party objecting to such order must comply with such order but may make
a written request for a hearing pursuant to M.G.L. c. 30A within ten days following service of
the order.
(4) Posting of the Worksite. At the time the Cease and Desist Order becomes effective, the
Director shall cause the worksite to be conspicuously posted, such posting to contain the content
of the Cease and Desist Order and any other information the Director determines necessary to
secure the worksite and to adequately warn of hazards. Notices must remain posted until the
order is lifted.
(5) Access to Closed Worksite. Access to the worksite closed by a cease and desist order must
be restricted to the Department and other persons authorized by the Director.
(6) Rescission of Cease and Desist Orders. The Director may rescind a Cease and Desist Order
following his or her determination that the conditions which resulted in the issuance of said
Cease and Desist Orders have been corrected and that all administrative orders or conditions
issued in connection with the same have been complied with. Notices rescinding Cease and
Desist Orders, which shall be in writing, shall be delivered in hand or by certified mail to any
Responsible Person or agent of the contractor or entity performing the work. A copy of the
rescission notice shall also be delivered in hand or by certified mail to the facility owner or his
or her agent.
(7) Administrative Orders. In accordance with M.G.L c. 149, §§ 6 and 6F½, the Director or
his or her representative may issue orders for the correction of unsafe conditions at Asbestos
work sites. Persons, firms or other entities who fail to comply with said orders shall be subject
to the penalties provided by M.G.L c. 149, §§ 6, 6F and 6F½, and 454 CMR 29.00: Civil
Administrative Penalties.
28.18: Responsibility For Compliance; Penalties
(1) Any person, firm, corporation, or other entity performing work subject to the requirements
of 454 CMR 28.00, including, without limitation, Asbestos Contractors, Asbestos Workers,
Supervisors, and, Asbestos Consulting Services, Asbestos Consultants, Providers of Asbestos
Training and Analytical Service Provider must be responsible for compliance with the provisions
thereof.
(2) Any person, firm, corporation, or other entity who or which violates the provisions of
454 CMR 28.00 shall be subject to the administrative sanctions specified herein and any civil
penalty allowed by M.G.L. c. 149, § 6F½, the laws of the Commonwealth, and, pursuant to
M.G.L. c. 149, § 6F, may be punished by a fine of not less than $100 and not more than $5000
for each offense.
28.19: Severability
If any provision of 454 CMR 28.00 shall be held inconsistent with the laws of the
Commonwealth, or held unconstitutional, either on its face, or as applied, the inconsistency or
unconstitutionality shall not affect the remaining provisions.
28.20: Fees
A schedule of fees is available at the Department's website.