26.11.21.05

.05 Worker Protection Requirements.

A. Respiratory Protection Program. A business entity or public unit, before it engages in any asbestos project, shall prepare a written respiratory protection program as defined in MOSH regulations at 29 CFR Part 1910.134 and make the program available to the Department and workers at the job site.

B. Physical Examination. The business entity or public unit shall ensure that each worker and supervisor who will be involved in an asbestos project has been examined within the preceding year and has been declared by a physician to be physically capable of working while wearing a respirator.

C. Training.

(1) The business entity or public unit shall ensure that each worker or supervisor of the business entity or public unit who will come in contact with friable asbestos or will be responsible for an asbestos project, except operations and maintenance (O and M), receives the following training:

(a) An initial course approved by the Department, consisting of 24 hours of instruction for workers or 32 hours of instruction for supervisors, completed before engaging in any asbestos projects; and

(b) An annual review course approved by the Department.

(2) The business entity or public unit shall ensure that workers and supervisors responsible for operations and maintenance (O and M) complete:

(a) A training course of at least 6 hours duration; and

(b) An annual review course of at least 4 hours duration.

D. Protective Clothing and Equipment. The business entity or public unit shall provide workers and supervisors exposed to an asbestos environment with protective clothing and equipment including the items listed below and ensure that workers and supervisors involved in any asbestos project use the items:

(1) Disposable clothing, including hair cover and foot covers, which reasonably prevents asbestos fibers from reaching the body; and

(2) Respirators approved by the National Institute of Occupational Safety and Health (NIOSH) and, at a minimum, capable of being qualitatively fit tested using positive and negative methods.

E. No Smoking, Eating, or Drinking. The business entity or public unit shall ensure that there is no smoking, eating, or drinking in the work area.

F. A business entity or public unit shall ensure that a supervisor is present at any project subject to NESHAP.

G. Alternative Procedures. The Department may, on a case-by-case basis, approve an alternative to a worker protection requirement in §§A—E for an asbestos project provided that the business entity or public unit submits the alternative procedure to the Department in writing and demonstrates to the satisfaction of the Department that the proposed alternative procedure provides equivalent worker protection and is in compliance with EPA, NESHAP, and OSHA worker protection rules.