Asbestos Program | Texas DSHS

ANNOUNCING

Posted July 22, 2022

ASBESTOS PENALTY MATRIX POSTED

The Texas Division of State Well being Providers (DSHS) up to date the asbestos penalty matrix to replicate the Texas Asbestos Well being Safety Guidelines efficient on July 8, 2021. The penalty matrix was revealed within the July 1, 2022, edition of the Texas Register, supersedes the matrix revealed within the April 17, 2020 version, and is offered for assessment on the brand new penalty matrix webpage.
 

Announcement

Posted August 10, 2021

Replace on Covid-19 Waivers for All DSHS Asbestos License/Registrant Holders

On March 13, 2020, the Workplace of the Governor issued a catastrophe proclamation in response to COVID-19 and suspended the statutes and guidelines pertaining to asbestos license or registrant renewal purposes. Through the suspension, DSHS prolonged license expiration dates and waived the late charges for individuals who submitted renewal purposes.

On July 19, 2021, the Workplace of the Governor terminated the non permanent suspension of the DSHS statutes and guidelines associated to the COVID-19 catastrophe.

Efficient September 1, 2021, DSHS will not lengthen license expiration dates or waive late charges for any asbestos license or registrant license renewal utility.

What this Means for License Holders:

To keep away from a late charge, you will want to submit your license or registration renewal utility inside the timeframe that it could have usually been submitted earlier than the Governor’s non permanent suspension.  After September 1, 2021, you need to additionally submit the required utility/registration charges together with any required supplemental documentation, in accordance with the relevant necessities on your license or registration sort.  

To keep away from being charged a late charge, you might be inspired to verify your present license expiration date. 

ANNOUNCING

Posted July 12, 2021

TEXAS ASBESTOS HEALTH PROTECTION RULES ARE NOW EFFECTIVE

The Texas Asbestos Well being Safety Guidelines took impact on July 8, 2021. View copies of the principles at The Asbestos Program – Laws and rules. 

E-mail Asbestos Help for technical questions or EHG Rules Coordinator for rule course of questions.
 

ANNOUNCING

Posted on June 25, 2021

TEXAS ASBESTOS HEALTH PROTECTION RULES ADOPTED IN TEXAS REGISTER
 

The Texas Asbestos Well being Safety Guidelines had been posted for adoption within the June 25, 2021 subject of the Texas Register. 

Go to the Draft and Proposed Rules – Asbestos Program web site to view the June 25, 2021 subject of the Texas Register and for extra data. Questions will be emailed to the EHG Rules Coordinator.

ANNOUNCING

Posted on Might 5, 2021

Asbestos Licensing COVID-19 Info
Might 5, 2021
UPDATE
Emergency Rule Adoption for Texas Asbestos Well being Safety Rule

The emergency rule modification adopted on January 9, 2021, in response to COVID-19, has been prolonged. The extension will take impact on Might 9, 2021 and expire on July 7, 2021. View a duplicate of the emergency rule and preamble and the application kind.

ANNOUNCING

Posted on March 26, 2021

PROPOSED TEXAS ASBESTOS HEALTH PROTECTION RULES AVAILABLE FOR STAKEHOLDER COMMENT

The Texas Division of State Well being Providers is accepting formal feedback from stakeholders on the proposed asbestos guidelines from March 26, 2021, by April 26, 2021. Feedback could also be submitted by mail or electronic mail. 

Go to the Draft and Proposed Rules – Asbestos Program website for extra data. Questions will be emailed to the EHG Rules Coordinator.
 

GUIDANCE REGARDING ASBESTOS RECIPROCITY AND PROVISIONAL LICENSES/REGISTRATIONS IN TEXAS 

GUIDANCE DATE: March 5, 2021

On February 12, 2021, Governor Greg Abbott issued a statewide catastrophe declaration in response to the extreme winter climate in Texas. The Texas Division of State Well being Providers (DSHS) has acquired inquiries from companies and people outdoors of the state of Texas. 

We do have licensing provisions within the Texas Asbestos Well being Safety Guidelines (TAPHR) for individuals residing in different states. The rules for reciprocity will be discovered here.

A Provisional license/registration letter will likely be despatched after approval of a provisional license/registration utility.  A duplicate of this letter exhibiting proof of provisional licensure/registration should be carried always when you’re on a worksite topic to TAHPR or engaged in asbestos-related actions.  A duplicate of this letter shall be offered with a government-issued ID to any DSHS inspector that asks for proof of licensure.

A holder of a provisional license/registration issued underneath 25 TAC §295.39(g) might apply for a full license or registration underneath 25 TAC §295.38(okay), which features a requirement for completion of a minimal three-hour coaching from a Texas’ DSHS licensed coaching supplier masking Texas regulation and rules.

The provisional license utility will be discovered here.

Abstract of TAC 295.39

The above summaries are offered as a courtesy, however shouldn’t be substituted for a assessment of the TAC, obtainable on-line at:

http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=25 &pt=1&ch=295

Please submit questions/feedback concerning the provisional or reciprocity licensing course of to the Environmental and Sanitation Licensing Group through: asbestos.reg@dshs.texas.gov 

Inspections

All asbestos abatement tasks stay topic to unannounced inspections. Failure to comply with correct abatement processes will likely be addressed utilizing customary enforcement processes, which can embrace the revocation of licenses issued to out-of-state registrants or licensees.
 

Asbestos Licensing COVID-19 Info
January 11, 2021

UPDATE

Emergency Rule Adoption for Texas Asbestos Well being Safety Rule

Observe: That is an replace and alter from the July 14, 2020 emergency rule.

To guard asbestos licensees and the general public well being, security, and welfare throughout the COVID-19 pandemic, the Govt Commissioner of HHSC, on behalf of DSHS, adopts an emergency rule modification to §295.65, Coaching: Approval of Coaching Programs, that units forth necessities for DSHSto approve on-line refresher programs as a substitute for in-person refresher programs. Completion of an annual asbestos refresher course is required to resume an asbestos license and interact in asbestos detection and abatement, which is an important service in Texas. The rule requires approval by DSHS of on-line refresher coaching programs; requires that on-line refresher programs have programs in place to authenticate pupil identification and shield delicate consumer data, present an interactive part, monitor time spent on-line, present technical assist, present a definite certificates, enable course audits by DSHS; requires submission of an utility for approval, and requires further recordkeeping.

The rule is efficient January 9, 2021, and will stay efficient for 120 days. The rule will expire on Might 8, 2021, and will be prolonged for an extra 60 days, if crucial.

The rule is within the Texas Register on-line. The rule will seem within the print subject of the Texas Register on January 22, 2021. View a duplicate of the emergency rule and preamble. 

Asbestos Licensing COVID-19 Info

September 22, 2020

Asbestos Exams are reopened.  All examinees are required to deliver a masks, pencils, and a accomplished COVID-19 SELF-SCREENING kind to the examination web site. 

If an examinee doesn’t deliver a accomplished COVID-19 SELF-SCREENING kind, their very own masks, or pencils they won’t be allowed to take the examination.  No sharing of things will likely be allowed. 

Examinees may also want to offer their very own water as examinees won’t be allowed to make use of water fountains at examination websites.  Please go to the purposes web page for more information on exams.  Click Here.  

Asbestos Licensing COVID-19Information
July 14, 2020

Emergency Rule for Texas Asbestos HealthProtection Rule

On July 13, 2020, in response to COVID-19, the Texas Division of State Well being Providers submitted for publication within the Texas Register an emergency rule change to the Texas Asbestos Well being Safety Rule. The emergency rule addresses the method for a licensed coaching supplier to acquire approval to current a dwell on-line asbestos refresher coaching course as a substitute for an in-person asbestos refresher coaching course.  The rule is efficient on instantly and can stay efficient for 120 days.  The emergency rule could also be prolonged for an extra 60 days if crucial.

The rule will likely be within the Texas Register on-line by the top of the day on July 14, 2020. The rule will seem within the print subject of the Texas Register on July 24, 2020.  View a duplicate of the emergency rule and preamble. 

Asbestos Licensing COVID-19 Info
Might 20, 2020

Because of the present COVID-19 state of catastrophe in Texas, the Division of State Well being Providers (DSHS) requested and the Workplace of the Governor granted the next waiver: 

Asbestos License Delayed Submission of Renewal Software

In accordance with part 418.016 of the Texas Authorities Code, the Workplace of the Governor grants DSHS’s request to droop Tex. Occ. Code 1954.201(a) to the extent crucial to permit an Asbestos licensee whose license expires after March 13, 2020, to delay submission of their renewal utility, renewal charges, and completion of the necessities for licensure. This waiver is suspending the two-year time period of a license whereas the catastrophe declaration is in impact and solely applies to people who’ve beforehand been licensed by the DSHS’ Asbestos Program and have expertise within the business.

Pursuant to the order issued by the Division of State Well being Providers on Might 20, 2020, people who’re at present licensed within the Asbestos program with a license expiration date of March 13, 2020, or later can have their late charges waived and their licenses prolonged for 6-months after the expiration date on the license or registration. This doesn’t embrace coaching suppliers, guide businesses, administration planner businesses, laboratories, and asbestos transporters.

To view the DSHS Commissioner’s order click on here.

As a reminder, all relevant federal and state necessities are at present in impact and haven’t been suspended. This steerage isn’t an authorization to violate any relevant legal guidelines and rules. 
 

ANNOUNCING: Publication of the Asbestos Program Penalty Matrix in the Texas Register
 

Consideration: It’s possible you’ll now submit your asbestos/demolition notification online.

The mission of the Asbestos Program is to guard and promote the bodily and environmental well being of the folks of Texas from asbestos. We try to forestall pointless publicity of the general public to asbestos in workplaces and buildings and to guarantee correct disposal of asbestos. By means of our Outreach Program, we educate the general public to achieve voluntary compliance with state and federal asbestos regulation. We stock out our mission effectively, successfully, pretty, and professionally with respect and dedication to all Texans.

Do these guidelines apply to you?

To find out if our guidelines apply to you, use one of many acceptable choice timber under:

Renovation

Operations and Maintenance

Demolition

Use this chart to find out in the event you want a design on your asbestos abatement mission.

E-mail Updates

Signal as much as obtain electronic mail updates about vital modifications to the Asbestos Program. This characteristic will function a device to extend communication with license holders concerning new data added to the web site.

Further employees member contacts and addresses could also be discovered on the Contact Information page.