Section 28.01 - Purpose and Scope(1)Purpose. 454 CMR 28.00 shall constitute requirements necessary to protect the health and safety of workers and the general public and establishes:(a) Requirements necessary to protect the health and safety of the general public and persons engaged in, or associated with, the repair, removal, enclosure, encapsulation or disturbance of asbestos or asbestos-containing material.(b) Standards of competency, certification and licensure for persons or entities engaged in or performing repair, removal, enclosure or encapsulation of asbestos or asbestos-containing material.(c) Minimum standards to be used by insurers in the inspection of risk, measurement of hazards and the determination of adequate and reasonable rates of insurance as prescribed by the provisions of M.G.L. c. 152, § 65J.(d) Standards for the certification and licensure of persons, firms, corporations or other entities who or which enter into, engage in or work at:1. The business of repair, removal, enclosure or encapsulation of asbestos or asbestos-containing material;2. The business of providing asbestos consulting services, including asbestos inspection services, asbestos risk assessment and management planning services, asbestos project design services and asbestos monitoring services;3. The business of providing asbestos training where such training is required by 454 CMR 28.00; or4. The business of providing asbestos analytical services.(2)Scope. 454 CMR 28.00 applies to:(a) all work, including construction, demolition, alteration or repair, involving any building or structure, including those owned or leased by the commonwealth or any of its political subdivisions or authorities, where such work involves the use or handling of asbestos or material containing asbestos, including the disposal of materials containing asbestos and asbestos contaminated waste. 454 CMR 28.00 also applies to asbestos training, consultation and/or analytical services including, but not limited to:1. Asbestos inspection and hazard assessment services;2. The preparation of asbestos project designs, asbestos project oversight and/or monitoring;3. Asbestos training required by 454 CMR 28.00; and4. Asbestos analysis performed in connection with any of the above services.(b) Nothing in 454 CMR 28.00 shall relieve any person from complying with all other applicable federal, state and local laws and regulations including, but not limited to, 42 U.S.C. § 7412 (Clean Air Act), 40 CFR Part 61, Subpart M (Asbestos National Emission Standard for Hazardous Air Pollutants), and 310 CMR 7.15: U Asbestos.(3)Exceptions. The Director of the Department of Labor Standards may grant exceptions to 454 CMR 28.00 in those instances where it is clearly evident that existing conditions prevent compliance, or where compliance will create an undue hardship, but only in circumstances in which granting the exception will maintain the protection of the health and safety of workers and the general public. Requests for exceptions to 454 CMR 28.00 must be submitted in writing to the Director and shall specify those provisions of 454 CMR 28.00 for which exceptions are sought, the reasons for requesting the exceptions and any proposed alternatives to the requirements of 454 CMR 28.00.
Exceptions granted by the Director may contain expiration dates otherwise they shall remain in force until rescinded.
(4)Alternative Methods. The Director shall have the authority to allow the use of newly-developed techniques, methods, or equipment that provide a level of protection for workers and the general public that equals or exceeds that specified by 454 CMR 28.00.(5)Non-traditional Asbestos Abatement Work Practices. A person may apply to the Massachusetts Department of Environmental Protection to utilize Non-traditional Asbestos Abatement Work Practices that result in the need to deviate from normal work practices per of 310 CMR 7.15: U Asbestos.(6)Right of Entry. Pursuant to M.G.L. c. 149, §§ 6, 6A, 10 and 17, the Director or the Director's authorized representative(s) shall have the right of entry to any work site, place of employment or other location for the purpose of conducting investigations or inspections of that worksite or associated records.(7)Regulations Incorporated. The following rules and regulations of the United States Environmental Protection Agency are hereby incorporated by reference: (a) Asbestos-containing Materials in Schools Rule; 40 CFR Part 763, Subpart E;(b) Asbestos-containing Materials in Schools Rule; 40 CFR Part 763, Appendix C through Subpart E, Asbestos Model Accreditation Plan; and(c) Asbestos Worker Protection Rule; 40 CFR Part 763, Subpart G.Adopted by Mass Register Issue 1440, eff. 4/2/2021.