Section 178-22-021 - WAIVER OF PRESCRIBED WORK PRACTICES AND APPROVAL OF ALTERNATIVE WORK PRACTICESThe Department may waive any of the specific requirements established by 178 NAC 22-010 through 22-020 and 22-022 and approve an alternative work practice.
021.01WAIVER REQUIREMENTS. Waivers must meet the following requirements:(A) A waiver may be requested for an individual asbestos project by attaching a completed waiver application according to 178 NAC 22-007.01(B) and the information required in 178 NAC 22-007.01(A) for an asbestos project notification.(B) A waiver may be requested for an individual asbestos project by the project designer or by the owner or operator of the structure in which the asbestos project is planned prior to the selection of a licensed business entity to conduct the asbestos project by completion of waiver including the requirements of 178 NAC 22-007.01(B) and submission of that form with such other information as the Department deems necessary to evaluate the request. A copy of all waivers granted under 178 NAC 22-021 must be submitted with the project notification for the project to which it applies.(C) A waiver may be requested for approval of an alternative work practice on a continuing basis for a business entity or individual, or for a particular facility belonging to that business entity or individual, by submitting a completed waiver according to 178 NAC 22-007.01(B).(D) A waiver may be requested for approval of an exception to a specific worker protection requirement on a case-by-case basis if a business entity submits a written description of the alternative procedure and demonstrates to the Department's satisfaction that the proposed alternative procedure provides equivalent protection to the health, safety, and welfare of all classes of asbestos occupations and the general public. Any such request must be submitted by completing a waiver according to 178 NAC 22-007.01(B).021.02WAIVER SUBMISSION. The business entity or individual requesting a waiver must provide:(A) A reference to the requirement by section number for which waiver is requested;(B) A narrative explanation of rationale for requesting the waiver; and(C) A description of the procedure proposed as an alternative work practice.(D) The Department will approve or deny waivers in the form of a written notice to the applicant.178 Neb. Admin. Code, ch. 22, § 021
Amended effective 9/20/2023