Section 1200-01-20-.06 - PROHIBITED ACTS(1) In compliance with T.C.A. §§ 62-41-101 et seq., and § 11-1-101 and these Rules, prohibited acts include, but are not limited to, the following: (a) General Accreditation Prohibited Acts- Except as allowed by Rule 1200-01-20-.08:
1. No firm shall perform or offer to perform any asbestos activity such as providing an asbestos training course, conduct an inspection, response action (other than a small-scale, short-duration repair activity), project monitoring, project design in a school or public and commercial building and/or prepare a management plan for a school unless that firm is accredited by the Commissioner to perform such activity.2. No person shall identify, detect, or assess asbestos containing materials in a school or public and commercial building unless the person is accredited by the Commissioner to perform such activity.3. No person shall determine the appropriate response action, or prepare an asbestos management plan for a school unless that person is accredited by the Commissioner to perform such activity.4. Unless specifically accredited by the Commissioner, no person shall design the following activities with respect to friable ACBM in a school or public and commercial building scope of work, work sequence, or performance for: (i) A response action other than a SSSD maintenance activity;(ii) A maintenance activity that disturbs friable ACBM other than a SSSD maintenance activity; or(iii) A response action for a major fiber release episode.5. No person shall oversee any asbestos abatement, response action or collect clearance air samples used to determine the completion of the project in a school or public and commercial building unless that person is specifically accredited by the Commissioner.6. Unless specifically accredited by the Commissioner as an asbestos supervisor, no person shall supervise any of the following activities with respect to friable ACBM in a school or public and commercial building:(i) Response action other than a SSSD activity;(ii) A maintenance activity that disturbs friable ACBM other than a SSSD activity; or(iii) A response action for a major fiber release episode.7. Unless specifically accredited by the Commissioner as an asbestos worker or supervisor, no person shall carry out any of the following activities with respect to friable ACBM in a school or public and commercial building:(i) Response action other than a SSSD activity;(ii) A maintenance activity that disturbs friable ACBM other than a SSSD activity; or(iii) A response action for a major fiber release episode.8. No training provider shall offer to conduct an asbestos training course in the following disciplines: worker, supervisor, project designer, project monitor, inspector, and/or management planner unless that training provider is accredited by the Commissioner pursuant to Rule 1200-01-20-.02.(b) Accredited Training Provider Prohibited Acts- An Accredited Training Provider shall not:
1. Misrepresent the contents of an asbestos initial and/or refresher-training course content and/or training hour requirements;2. Fail to submit required information or notifications in a timely manner;3. Fail to maintain requisite records;4. Falsify accreditation or re-accreditation records, instructor qualifications, or other accreditation-related information or documentation;5. Fail to comply with the training course requirements of Rule 1200-01-20-.02;6. Make false or misleading statements on its application for accreditation or re-accreditation;7. Fail to meet the requirements of paragraphs (3) or (4) of Rule 1200-01-20-.02 as determined by a course audit or in-house program audit;8. Misrepresent the extent of a training course's approval by the Commissioner;9. Allow an approved principal instructor or other person with supervisory authority over the delivery of a training course to not comply with a requirement or any provision of these regulations;10. Except as allowed by Rule 1200-01-20-.08, offer to conduct an asbestos training course or refresher course without first applying for and receiving accreditation from the Commissioner; and11. Fail to comply with any applicable provision of these Rules.(c) Accredited Person Prohibited Acts - An Accredited Person shall not:1. Obtain documentation of asbestos training or examinations through fraudulent means;2. Gain admission to and complete an accredited asbestos refresher training course through misrepresentation of admission requirements;3. Obtain accreditation through misrepresentation of accreditation requirements or submit false, fraudulent, or misleading documentation or evidence dealing with the person's education, training, professional registration, and/or experience as part of the person's application for accreditation and/or re-accreditation;4. Except as allowed by Rule 1200-01-20-.08, perform asbestos activities requiring accreditation at a job site without being in physical possession current state issued accreditation certificate and/or identification card available at the job site for inspection;5. Permit the duplication or use of the person's own asbestos accreditation certificate or photo accreditation card by another person;6. Perform work in accordance with the work practice standards set forth for each discipline in parts (2)(f)1 through 6 of Rule 1200-01-20-.03 for which accreditation is required, but for which appropriate accreditation has not been applied for and/or received;7. Obtain accreditation from a training provider that does not have approval to offer training for the particular discipline from the Commissioner, or a Commissioner recognized EPA authorized State program; and/or8. Fail to comply with any applicable provision of these Rules.(d) Accredited Firm Prohibited Acts- An Accredited Firm shall not:
1. Except as allowed by Rule 1200-01-20-.08, perform asbestos activities that require the use of an accredited person who is not properly accredited by the Commissioner;2. Fail to comply with the work practice standards in accordance with the work practice standards set forth for each discipline in parts (2)(f)1 through 6 of Rule 1200-01-20-.03 established for conducting asbestos activities;3. Misrepresent facts on the application for accreditation;4. Fail to maintain required records;5. Allow a person with supervisory authority at the work site to not comply with a requirement or any applicable provision of these Rules; or6. Fail to comply with any applicable provision of these Rules or the Act.Tenn. Comp. R. & Regs. 1200-01-20-.06
Original rule filed April 9, 2009; effective June 23, 2009.Authority: T.C.A. §§ 62-41-101et seq. and § 11-1-101.