19 Del. Admin. Code § 4103-10.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4103-10.0 - Recordkeeping10.1 Each Certified Asbestos Abatement Contractor ("A" and "B") or Professional Service Firm shall maintain records of all asbestos projects performed and shall make these records available to Facilities Management or the authorized enforcement agency upon request. The Asbestos Abatement Contractor and Professional Service Firm shall retain the records for at least thirty (30) years.10.2 The Asbestos Abatement Contractor shall record the following information for each project: 10.2.1 Name, address, social security number and certification number of each job supervisor responsible for the project.10.2.2 Name, address Social Security Number and certification number of each certified asbestos abatement worker on the project.10.2.3 A copy of the asbestos abatement contract.10.2.4 A detailed description of how the asbestos was abated.10.2.5 The location and description of the project and estimated amount of asbestos removed or estimated area encapsulated or enclosed at each project.10.2.6 Starting and completion dates. If completion date differs from that originally scheduled, include statement of reasons for delay.10.2.7 Summary of procedures used to comply with applicable requirements including copies of all notifications.10.2.8 Name, address, phone number and contact person of the asbestos waste disposal site and disposal receipts. These should indicate amount of material disposed and should clearly identify the source of the material.10.2.9 Name, address, phone number and contact person of the asbestos waste hauler and hauling receipts.10.2.10 Results of all air sampling conducted during the abatement including personal, area and clearance samples.10.2.11 The contractor shall comply with all submittal, documentation and notice requirements set forth by EPA, OSHA and all other Federal, State and local regulatory agencies. Copies of all submittals, documents and notices that are produced or are given to the owner or to any governmental agency must be retained by the contractor.10.2.12 Any other information which Facilities Management may require on a form and according to instructions provided by Facilities Management.10.3 Whenever a Certified Asbestos Abatement Contractor ceases to do business and there is no successor contractor to receive and retain the records for the prescribed period, the contractor shall notify Facilities Management at lease ninety (90) days prior to the cease of business and, upon request, transmit them to Facilities Management.10.4 The employing asbestos abatement contractor will maintain complete accurate records of all pre-placement, annual and termination of employment medical examinations. Records must be retained by the firm for the duration of employment plus thirty (30) years in accordance with 29 CFR 1910.20(m) (3) or any revision or addition to same. The employer (contractor) shall ensure that all medical examinations and procedures are performed by or under the supervision of a licensed physician, and are provided at no cost to the employee and at a reasonable time and place per OSHA 1926.1101(m)(1)(ii)(A).10.5 Employee exposure records. 10.5.1 Every contractor shall maintain records of any personnel physical or environmental Monitoring for at least thirty (30) years in accordance with 29 CFR 1926.1101(n) (iii) or any revision or addition to same.10.5.2 Every employee and former employee shall have reasonable access to any record required to be maintained which indicates the employee's exposure to asbestos fibers.10.5.3 Any employee found to have been exposed at any time to airborne concentrations of asbestos fibers in excess of the limits prescribed in 29 CFR 1926.1101(f)(5) shall be notified in writing of the exposure as soon as practical but no later than five days of the finding. The employee shall be notified at the same time of the corrective action being taken.10.6 Training program records. 10.6.1 Each certified asbestos abatement firm shall maintain records of all Certified Asbestos Project Supervisors and Certified Asbestos Workers for one (1) year beyond the last date of employment of that employee. The records shall contain at a minimum: 10.6.1.1 Name, address, social security number, training course completion certificate (certificate of course completion) and Supervisor's/Worker's certificate number for each Certified Asbestos Supervisor and/or Worker.10.6.1.2 Records of all asbestos abatement training received by members of the contracting firm.10.7 All documents, notices, and information listed which are required to be kept by the contractor, shall be maintained for a period of not less than thirty (30) years or as shown in this Regulation. Facilities Management shall be afforded access to all such information and documents, without charge during such time period. After such time and/or period prior to destroying any documents arising out of, relating to or resulting from any asbestos project, the contractor shall notify Facilities Management at least ninety (90) days in advance. At Facilities Management's request, the contractor shall deliver any such documents which are requested by Facilities Management to Facilities Management, with the contractor being responsible for shipping charges.19 Del. Admin. Code § 4103-10.0
17 DE Reg. 446 (10/1/2013) (Final)