3701-34-06 Asbestos hazard evaluation specialist application content, qualifications, standards of conduct.

(A) To apply for certification as an asbestos hazard evaluation specialist, a person shall submit an application in accordance with rule 3701-34-03 of the Administrative Code. The application for certification as a hazard evaluation specialist shall include:

(1) Name, social security number, date of birth and mailing address of applicant;

(2) Employer's name and mailing address;

(3) Business and home telephone number;

(4) Name and location of asbestos training courses with attached copies of certificates;

(5) Information regarding any felony convictions under any state or federal law designated to protect the environment; and

(6) List of any asbestos licenses or certificates the applicant holds or has held in any other state.

(B) To become certified and to maintain certification under this rule, an asbestos hazard evaluation specialist shall meet the following criteria:

(1) Submittal of a completed application on a form prescribed by the director;

(2) Payment of the fee required by rule 3701-34-03 of the Administrative Code;

(3) Provide documentation, upon application for certification, of satisfactory completion of a training course for asbestos hazard evaluation specialists approved by the director pursuant to rule 3701-34-07 of the Administrative Code and of receiving a passing score of at least seventy per cent on an approved examination; and

(4) For renewal of certification, satisfactory completion of an annual refresher training course approved by the director pursuant to section 3710.10 of the Revised Code and rule 3701-34-07 of the Administrative Code.

(C) An asbestos hazard evaluation specialist engaged in assessing the health risks associated with the presence of asbestos-containing materials or engaged in monitoring, sampling, or other asbestos hazard abatement activities shall:

(1) Perform all assessments, sampling and monitoring of asbestos-containing materials so as not to create a public health emergency as defined in paragraph (I) of rule 3701-34-03 of the Administrative Code;

(2) Perform air-monitoring in compliance with all applicable federal, state and local regulations and state-of-the-art asbestos air sampling methodologies;

(3) Perform a final inspection of any contained work area to ensure all asbestos debris has been adequately cleaned up prior to the performance of clearance air sampling;

(4) Accurately, truthfully and competently perform and complete asbestos hazard evaluations, reports, records, inspections and any other professional work performed by the asbestos hazard evaluation specialist in that capacity;

(5) Notify the director, in writing, within five business days of making any change which would render the information in the application for certification no longer accurate;

(6) Possess proof of valid certification at all times while at a project site;

(7) Upon the request of the director, make available all reports, records, and any other professional work;

(8) Perform all identification, detection, and assessment of asbestos-containing materials, determination of response actions, or preparation of asbestos management plans in compliance with all applicable standards of this state, the United States environmental protection agency, and the United States occupational safety and health administration;

(9) Collect all bulk samples for asbestos in accordance with the regulations adopted by the United States environmental protection agency pursuant to Title II of the "Federal Toxic Substances Control Act" found in 40 CFR Part 763.86 (1986), regardless of site or location with the exception of samples taken by employees or agents of federal, state, or local government for the purpose of determining compliance with applicable statutes or regulations;

(10) Ensure that analysis of bulk samples is performed by laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the "National Voluntary Laboratory Accreditation Program" or the "National Institute for Standards and Technology" or the round robin for bulk samples administered by the "American Industrial Hygiene Association" or an equivalent nationally-recognized round robin testing program and ensure that analysis of samples taken from schools for the purpose of compliance with the regulations of the United States environmental protection agency, 40 C.F.R. Part 763(1987), is performed by laboratories with proficiency demonstrated by current successful participation in the "National Voluntary Laboratory Accreditation Program"; and

(11) Prepare a report for each site where bulk samples are collected. The report shall contain the following information:

(a) Date of inspection;

(b) Address of the site;

(c) Name, address and phone number of the site owner, client, or customer;

(d) Name, signature and asbestos hazard evaluation specialist number of the person writing the report;

(e) A blueprint, diagram, or written description that identifies:.

(i) Each location, type of material, and approximate square or linear footage of homogeneous areas where material was confirmed to be asbestos containing material;

(ii) Type of material and approximate square footage of homogeneous areas where surfacing material was sampled for asbestos containing material (ACM);

(iii) The exact location where each bulk sample was collected;

(iv) Date of collection;

(v) Homogeneous areas and footages where friable suspected asbestos containing materials is assumed to be asbestos containing materials; and

(vi) Homogeneous areas and footages where nonfriable suspected asbestos containing materials is assumed to be asbestos containing materials.

(f) A description of the manner used to determine sampling locations, and the name, signature and asbestos hazard evaluation specialist number of each person collecting samples; and

(g) A copy of the bulk sample analysis report, the name and address of any laboratory that analyzed the bulk samples, the date of analysis, and the name and signature of the person performing the analysis.

Effective: 11/13/2014
Five Year Review (FYR) Dates: 08/29/2014 and 08/15/2019
Promulgated Under: 119.03
Statutory Authority: 3710.02
Rule Amplifies: 3710.03 , 3710.05 , 3710.08
Prior Effective Dates: 11/4/85, 10/6/86, 3/23/1987 (Emer.), 7/20/87, 2/1/94, 9/19/04, 9/1/10