(1) Administrative License and Certification Actions. As set forth at 453 CMR 6.04, the Director may deny, suspend, revoke or refuse to renew a license or certificate issued pursuant to 453 CMR 6.05 through 6.09 or take other administrative actions against a license or certificate holder for sufficient cause.

(2) General Requirement for Licensure of Asbestos Contractors. No person, firm, corporation or other entity shall enter into, engage in or work at the business of Asbestos Abatement unless such person, firm, corporation or other entity has been duly licensed in accordance with 453 CMR 6.05. For purposes of 453 CMR 6.00, the phrase "engage in . . . the business of Asbestos Abatement" includes, but is not limited to, advertising Asbestos Abatement services, and/or submitting bids for projects where the majority of the contract-value is represented by Asbestos Work.

(3) Requirement for Certification of Asbestos Workers and Asbestos Supervisors. All persons who perform the functions of Asbestos Workers and Asbestos Supervisors at worksites where Asbestos Response Actions are carried out shall be certified pursuant to the applicable sections of 453 CMR 6.06.

(4) Requirement for Certification of Asbestos Consultants. Persons who provide or work at the business of providing asbestos consultation services, including asbestos inspection, hazard assessment, management planning, project designing and project monitoring services, shall be duly certified in the appropriate consultative discipline pursuant to 453 CMR 6.07 prior to engaging in such work. For the purpose of 453 CMR 6.00, the phrase "work at the business of providing asbestos consultation services" includes, but is not limited to advertising asbestos consultation services and submitting bids for work where the majority of the contract value of the project involves asbestos consultation work.

(5) Requirement for Certification of Providers of Asbestos Analytical Services. Persons who provide or work at the business of providing Asbestos Analytical Services shall be duly certified pursuant to 453 CMR 6.08 prior to engaging in such work and shall otherwise comply with the requirements of that section. For the purpose of 453 CMR 6.00, the phrase "work at the business of providing Asbestos Analytical Services" includes, but is not limited to, advertising Asbestos Analytical Services and submitting bids for work where the majority of the contract value of the project involves asbestos analysis work. Certified Asbestos Analytical Services shall be authorized to advertise and provide only those services for which separate approval is granted, as set forth at 453 CMR 6.08(1)(a) through (d).

(6) Requirement for Certification of Asbestos Training Providers. Persons who provide or work at the business of providing asbestos training required by 453 CMR 6.00 shall be duly certified pursuant to 453 CMR 6.09 prior to engaging in such work, and otherwise comply with the requirements of 453 CMR 6.09. For the purpose of 453 CMR 6.00, the phrase "work at the business of providing asbestos training" includes, but is not limited to advertising asbestos training services and submitting bids for work where the majority of the contract value of the project involves asbestos training.

(7) Requirement for Asbestos Training. All persons requiring asbestos training as a prerequisite for licensure or certification pursuant to 453 CMR 6.05, 6.06 or 6.07 or participation in Small-Scale Asbestos Projects shall be trained pursuant to 453 CMR 6.10.

(8) Recordkeeping Requirements. All Asbestos Training Providers, Asbestos Analytical Services, Asbestos Consultants, Asbestos Contractors, and Employers of Asbestos-Associated Project Workers shall maintain records as specified at 453 CMR 6.11.

(9) Notification Requirements. All persons or entities who carry out Asbestos Response Actions shall comply with the notification requirements of 453 CMR 6.12.

(10) Requirements for the Conduct of Small-Scale Asbestos Projects and Projects Involving Non-Friable ACBM.

(a) Small-Scale Asbestos Projects and Asbestos-Associated Projects. Persons, firms, corporations or other entities who carry out Small-Scale Asbestos Projects or Asbestos-Associated Projects and the owner of the facility where such work is conducted shall ensure that the requirements of 453 CMR 6.13(1) for such work are met.

(b) Projects Involving the Removal or Disturbance of Non-friable ACBM. Persons, firms, corporations or other entities who carry out projects involving the removal or disturbance of non-friable ACBM and the owner of the facility where such work is conducted shall ensure that the requirements of 453 CMR 6.13(2) for such work are met.

(11) Requirements for the Conduct of Asbestos Response Actions. Persons or entities in charge of carrying out an Asbestos Response Action and the owner of the facility where such Asbestos Response Action is carried out shall ensure compliance with the requirements of 453 CMR 6.14.

(12) Worker Protection. The requirements of the OSHA Asbestos Standard 29 CFR Part 1926.1101, including paragraphs (f), (h), (i) and (m), and other applicable OSHA standards shall apply to the personal protection and medical monitoring of employees other than employees of the Commonwealth or any of its political subdivisions who perform Asbestos Work, and in addition, in accordance with 453 CMR 6.11(3)(a), Asbestos Contractors shall maintain as records the results of all personal exposure monitoring, respirator fit testing and medical examinations required by 29 CFR Part 1926 and other applicable OSHA standards as a condition of licensure. The personal protection and medical monitoring of employees of the Commonwealth and its political subdivisions and other persons exempted from coverage by OSHA standards shall be in accordance with the provisions of 453 CMR 6.15. Responsibility for compliance with such worker protection requirements shall rest with the employer and the Responsible Person(s) designated thereby.

(13) Requirements for the Use of Personnel. The following shall apply to the use of personnel for Asbestos Work:

(a) Persons engaged in Asbestos Work shall only perform or be assigned to perform those tasks authorized by 453 CMR 6.00. Performance of unauthorized tasks or functions shall be cause for revocation or suspension of certificates or the Asbestos Contractor License.

(b) Persons must be at least 18 years of age to perform any Asbestos Work or to receive certification in any asbestos-related discipline pursuant to 453 CMR 6.00.

(14) Presentation of Certificates. All persons engaged in Asbestos Work for which certification is required by 453 CMR 6.00 shall keep their certification identification cards at the job site and shall present them to the Director or the Director's representative upon request.

(15) Effective Dates. 453 CMR 6.00 shall be effective June 26, 1998, except as noted at 453 CMR 6.03(15)(a) and (b).

(a) The specific initial and refresher training course requirements for certification of Asbestos Project Monitors, as set forth at 453 CMR 6.10(4)(g) shall be effective 180 days after June 26, 1998. In the interim, the initial and refresher training courses specified for Asbestos Supervisors at 453 CMR 6.10(4)(c) may be used to satisfy the applicable training requirements for certification of Asbestos Project Monitors pursuant to 453 CMR 6.07.

(b) The requirements of 453 CMR 6.08(4)(e)4. shall be effective 365 days after June 26, 1998.