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.
Enforcement Discretion:
Retroactively beginning on March 13, 2020, and until the US EPA Temporary COVID-19 Enforcement Policy terminates, the Department will exercise enforcement discretion for noncompliance resulting from the COVID-19 pandemic as set forth in the US EPA Temporary COVID-19 Enforcement Policy.
If compliance is not reasonably practicable, licensees/registrants should:
- Act responsibly under the circumstances in order to minimize the effects and duration of any noncompliance caused by COVID-19;
- Identify the specific nature and dates of the noncompliance;
- Identify how COVID-19 was the cause of the noncompliance, and the decisions and actions taken in response, including best efforts to comply and steps taken to come into compliance at the earliest opportunity;
- Return to compliance as soon as possible; and
- Document the information, action, or condition specified in (1) through (4).
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
DemolitionUse
this chart to determine if you need a design for your asbestos abatement project.
Email Updates
Sign up to receive email updates about important changes to the Asbestos Program. This feature will serve as a tool to increase communication with license holders regarding new information added to the website.
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
Inspections & Notifications
Phone: (512) 834-6747
Enforcement
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.