19 Del. Admin. Code § 4103-15.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4103-15.0 - Asbestos "A" Abatement Workers Certification15.1 No Contractor shall engage in supervision or permit a person employed by the Contractor to work on an asbestos project involving the installation, removal, encapsulation, application or enclosure of asbestos or asbestos material or the disturbance of friable asbestos, or the disturbance of cementations asbestos material that can become friable by disturbance, unless each such worker is a valid Asbestos Abatement Workers Certification.15.2 Any Worker whose duties involve the installation, removal, encapsulation, application or enclosure of any asbestos material or the disturbance of friable asbestos material, or cementations asbestos material that can become friable by disturbance, shall have an Asbestos Abatement Workers Certificate or a copy thereof in his/her possession at all times during his/her work on the project. Should Facilities Management at any time deem it impractical for such certificates of copies thereof to be maintained in the possession of such workers, Facilities Management may designate some appropriate alternate location proximate to but outside the work area at which such certificates or copies may be kept.15.3 The class of Workers certification will be determined by the nature of the employing Certified Asbestos Contractor Certification of the employers and the activities as defined in Sections 4.0, 5.0, and 6.0 of this Regulation.15.4 The qualifications required for certification as an Asbestos Abatement Worker are: 15.4.1 Successful completion of a Delaware State approved Asbestos Abatement Workers training course.15.4.2 Physical ability to perform asbestos abatement work without endangering the health and safety of themselves or others.15.4.3 Free of any respiratory and/or health disorders which would prevent the wearing of respiratory equipment.15.4.4 An original report of participation in a medical surveillance program demonstrating full compliance with OSHA requirements under 29 CFR[1926.1101] and including a doctor's certification that the Worker has no medical conditions which would preclude that Worker from working while wearing a respirator.15.4.5 Other requirements as determined by Facilities Management.15.5 All applications for Asbestos Abatement Workers shall be submitted as follows:15.5.1 All applications for Asbestos Abatement Workers certification shall be submitted in writing on forms furnished by Facilities Management. Copies of such forms may also be obtained from the Division of Facilities Management or the State of Delaware's website.15.5.2 Completion of such forms may require the inclusion of any information deemed appropriate by Facilities Management. Along with such application forms, every applicant shall submit full face photographs of himself/herself in such number and sizes as Facilities Management shall prescribe. Such photographs shall have been taken within thirty (30) days of such application.15.5.3 Each application for Asbestos Abatement Workers shall contain a verified statement by the applicant that he/she will abide by all rules and regulations promulgated by either Facilities Management or any other State agency as appropriate.15.5.4 Completed applications shall be sent to the address specified in the application package accompanied by a non-refundable application fee of twenty-five dollars ($25.00). The fee shall be paid in the form of cash, a bank or postal money order, bank cashier's check or certified check payable to the State of Delaware. No other instrument shall be used for payment of an application fee.15.5.5 Facilities Management shall notify the applicant in writing no later than thirty (30) days from receipt of the certification application of the issuance or denial of the certification or the need for further information from the applicant in order to process the certification application. Notification of denial of a certificate on grounds other than failure to complete the certification application shall set forth the grounds for such denial. An applicant denied certification may request a hearing before the Director of the Division of Facilities Management or his/her designee by submitting a written request for such hearing within thirty (30) days of receipt of denial.15.5.6 An Asbestos Abatement Workers certificate shall be valid for a period of one (1) year from the date of training unless sooner suspended and/or revoked.15.6 All applications for renewal of Asbestos Abatement Workers certificates shall be submitted as follows:15.6.1 A certificate holder who intends to seek renewal of an Asbestos Abatement Workers certificate issued by Facilities Management under this Regulation shall submit a notice to renew the certificate prior to its expiration. Upon receipt of such notice, Facilities Management shall furnish a renewal application package to the applicant. The renewal application may request the applicant to inform Facilities Management of any changes in information previously provided to Facilities Management and any other information deemed by Facilities Management to be relevant.15.6.2 The completed renewal application package shall be sent to Facilities Management at the address specified in the application package accompanied by a non-refundable application fee of twenty-five dollars ($25.00). The package shall include the Annual Re-Training Certificate. The fee shall be paid in the form of cash, a bank or postal money order, bank cashier's check, or certified check payable to the State of Delaware. No other instrument shall be used for payment of an application fee for certification renewal.15.6.3 Facilities Management shall notify the renewal applicant in writing of the issuance or denial of Asbestos Abatement Workers certification or the need for further information from the applicant in order to process the application. Notification of denial on any grounds other than failure to complete the renewal application shall set forth the grounds for such denial. An applicant denied renewal of certification may request a hearing before the Director of the Division of Facilities Management or his/her designee by submitting a written request for such hearing within thirty (30) days of receipt of denial.15.6.4 In the event the Asbestos Abatement Worker fails to renew his/her certification before the expiration date, the certification will expire. Any Worker whose certification has expired shall be required to reapply for certification under the provisions of this Regulation. If the expiration period has been one (1) year or more the applicant must apply as a first-time applicant.15.6.5 It shall be unlawful for any Asbestos Abatement Worker to engage in or offer to engage in any asbestos projects or activities within the State of Delaware if the Workers certification has expired. In addition, all other restrictions outlined in this Regulation apply for any Asbestos Abatement Worker whose certification has expired and/or not been renewed.15.7 Suspension and/or revocation of Asbestos Abatement Workers Certification 15.7.1 Facilities Management may, for cause or for violation of any regulations, suspend, deny and/or revoke any Asbestos Abatement Workers certification issued under the provisions of this Regulation. Further, in any circumstances where an Asbestos Abatement Worker has demonstrated the inability or reluctance to follow safety precautions of the project specifications or a minimum standard of care, the Asbestos Abatement Workers certification may be immediately suspended and/or revoked.15.7.2 In any instance where there is a question as to the likelihood that an Asbestos Abatement Worker will not follow appropriate health, safety or environmental requirements, that Abatement Worker may have his/her certification suspended and/or revoked until such time as documented evidence can be presented, establishing full confidence on behalf of Facilities Management in the Asbestos Abatement Worker's ability to perform.15.7.3 If any Asbestos Abatement Worker has his/her certification suspended and/or revoked in any other State which has, or may have in the future, a certification program, that Asbestos Abatement Worker may have his/her Delaware Asbestos Abatement Workers certification suspended and/or revoked.15.7.4 An Asbestos Abatement Worker whose certification has been suspended and/or revoked shall not provide his/her services on any asbestos project under the provisions of this Regulation within the State of Delaware.15.7.5 An Asbestos Abatement Worker whose certification is suspended and/or revoked under the provisions of this Regulation shall surrender his/her Asbestos Abatement Workers licenses to Facilities Management within the time period specified in the notice to suspend and/or revoke.15.7.6 Any past, present or pending civil litigation, depending on the severity, shall be considered for suspension.15.8 Lost, damaged or destroyed Asbestos Abatement Workers licenses can be replaced by Facilities Management. The request must be accompanied by a statement from the applicant that the certificate was lost, damaged or destroyed through no fault of the applicant. A fee of fifteen dollars ($15.00) in the form of cash, a bank or postal money order, bank cashier's check, or certified check payable to the State of Delaware must be submitted with the request for replacement to cover administrative costs.19 Del. Admin. Code § 4103-15.0
17 DE Reg. 446 (10/1/2013) (Final)