Asbestos Program


ANNOUNCING


Posted on March 26, 2021



PROPOSED TEXAS ASBESTOS HEALTH PROTECTION RULES AVAILABLE FOR STAKEHOLDER COMMENT


The Texas Department of State Health Services is accepting formal comments from stakeholders on the proposed asbestos rules March 26, 2021 through April 26, 2021. Comments may be submitted by mail, or email. 

Visit the Draft and Proposed Rules - Asbestos Program website for more information. Questions can 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 disaster declaration in response to the severe winter weather in Texas. The Texas Department of State Health Services (DSHS) has received inquiries from businesses and individuals outside of the state of Texas. 

We do have licensing provisions in the Texas Asbestos Health Protection Rules (TAPHR) for persons residing in other states. The regulations for reciprocity can be found here.

A Provisional license/registration letter will be sent after approval of a provisional license/registration application.  A copy of this letter showing proof of provisional licensure/registration must be carried at all times when you are on a worksite subject to TAHPR or engaged in asbestos-related activities.  A copy of this letter shall be presented with a government issued ID to any DSHS inspector that asks for proof of licensure.

A holder of a provisional license/registration issued under 25 TAC §295.39(g) may apply for a full license or registration under 25 TAC §295.38(k), which includes a requirement for completion of a minimum three-hour training from a Texas’ DSHS licensed training provider covering Texas law and regulations.

The provisional license application can be found here.

Summary of TAC 295.39

The above summaries are provided as a courtesy, but should not be substituted for a review of the TAC, available online at:

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

Please submit questions/comments regarding the provisional or reciprocity licensing process to the Environmental and Sanitation Licensing Group via: asbestos.reg@dshs.texas.gov 

Inspections

All asbestos abatement projects remain subject to unannounced inspections. Failure to follow proper abatement processes will be addressed using standard enforcement processes, which may include revocation of licenses issued to out-of-state registrants or licensees.


Asbestos Licensing COVID-19 Information
January 11, 2021

UPDATE

Emergency Rule Adoption for Texas Asbestos Health Protection Rule

 

Note: This is an update and change from the July 14, 2020 emergency rule.

To protect asbestos licensees and the public health, safety, and welfare during the COVID-19 pandemic, the Executive Commissioner of HHSC, on behalf of DSHS, adopts an emergency rule amendment to §295.65, Training: Approval of Training Courses, that sets forth requirements for DSHS to approve online refresher courses as an alternative to in-person refresher courses. Completion of an annual asbestos refresher course is required to renew an asbestos license and engage in asbestos detection and abatement, which is an essential service in Texas. The rule requires approval by DSHS of online refresher training courses; requires that online refresher courses have systems in place to authenticate student identity and protect sensitive user information, provide an interactive component, monitor time spent online, provide technical support, provide a distinct certificate, allow course audits by DSHS; requires submission of an application for approval; and requires additional recordkeeping.

The rule is effective January 9, 2021 and will remain effective for 120 days. The rule will expire on May 8, 2021, and can be extended for an additional 60 days, if necessary.

The rule is in the Texas Register online. The rule will appear in the print issue of the Texas Register on January 22, 2021. View a copy of the emergency rule and preamble




Asbestos Licensing COVID-19 Information

September 22, 2020

Asbestos Exams are reopened.  All examinees are required to bring a mask, pencils, and a completed COVID-19 SELF-SCREENING form to the exam site. 

If an examinee does not bring a completed COVID-19 SELF-SCREENING form, their own mask or pencils they will not be allowed to take the exam.  No sharing of items will be allowed. 

Examinees will also need to provide their own water as examinees will not be allowed to use water fountains at exam sites.  Please visit the applications page for more info on exams.  Click Here.  





Asbestos Licensing COVID-19 Information
July 14, 2020

Emergency Rule for Texas Asbestos Health Protection Rule

On July 13, 2020, in response to COVID-19, the Texas Department of State Health Services submitted for publication in the Texas Register an emergency rule change to the Texas Asbestos Health Protection Rule. The emergency rule addresses the process for a licensed training provider to obtain approval to present a live online asbestos refresher training course as an alternative to an in-person asbestos refresher training course.  The rule is effective on immediately and will remain effective for 120 days.  The emergency rule may be extended for an additional 60 days if necessary.

The rule will be in the Texas Register online by the end of the day on July 14, 2020. The rule will appear in the print issue of the Texas Register on July 24, 2020.  View a copy of the emergency rule and preamble



Asbestos Licensing COVID-19 Information
May 20, 2020

Due to the current COVID-19 state of disaster in Texas, the Department of State Health Services (DSHS) requested and the Office of the Governor granted the following waiver: 


Asbestos License Delayed Submission of Renewal Application

In accordance with section 418.016 of the Texas Government Code, the Office of the Governor grants DSHS’s request to suspend Tex. Occ. Code 1954.201(a) to the extent necessary to allow an Asbestos licensee whose license expires after March 13, 2020 to delay submission of their renewal application, renewal fees, and completion of the requirements for licensure. This waiver is suspending the two-year term of a license while the disaster declaration is in effect and only applies to individuals who have previously been licensed by the DSHS’ Asbestos Program and have experience in the industry.

Pursuant to the order issued by the Department of State Health Services on May 20, 2020, individuals who are currently licensed in the Asbestos program with a license expiration date of March 13, 2020 or later will have their late fees waived and their licenses extended for 6-months after the expiration date on the license or registration. This does not include training providers, consultant agencies, management planner agencies, laboratories, and asbestos transporters .

To view the DSHS Commissioner’s order click here.

As a reminder, all applicable federal and state requirements are currently in effect and have not been suspended. This guidance is not authorization to violate any applicable laws and regulations. 

 


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

Attention: You may now submit your asbestos/demolition notification online.


The mission of the Asbestos Program is to protect and promote the physical and environmental health of the people of Texas from asbestos. We strive to prevent unnecessary exposure of the public to asbestos in workplaces and buildings and to assure proper disposal of asbestos. Through our Outreach Program we educate the public to gain voluntary compliance with state and federal asbestos law. We carry out our mission efficiently, effectively, fairly and professionally with respect and dedication to all Texans.


Do these rules apply to you?

To determine if our rules apply to you, use one of the appropriate decision trees below:

Renovation

Operations and Maintenance

Demolition

Use this chart to determine if you need a design for your asbestos abatement project.


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Contact Information

Licensing

Toll-free in Texas: (800) 572-5548
Phone: (512) 834-6600 Ext. 2174
Fax: (512) 834-6614

Asbestos Regulatory Information

Phone: (512) 834-6787

Surveillance & Notifications

Phone: (512) 834-6747

Compliance

Phone: (512) 834-6665
Fax: (512) 834-6606

Training Provider Approval and State Examinations

Phone: (512) 834-6600 Ext. 2483


Additional staff member contacts and addresses may be found on the Contact Information page.

Last updated March 26, 2021