Office Building Start Date: Expired Licenses and Missing Medical Clearance
A general contractor schedules an asbestos abatement project for a 1970 office building. The work involves 400 square feet of ceiling tile and associated mastic. The abatement supervisor's Indiana license expired 12 days ago; his AHERA supervisor refresher is 11 months old. The contractor's company license expires in five days. A worker has a valid worker certificate but no medical clearance on file, and his respirator fit test was done 13 months ago. The inspector who performed the pre-renovation inspection holds only a worker certificate. The owner wants to start Monday because the tenant is moving in. The contractor says licenses are 'administrative' and can be renewed after the job, and that the worker can sign a waiver for medical surveillance. The project is above the NESHAP threshold.
1. Who is qualified to perform the inspection, and can the project start Monday with the current team?
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The inspection is not valid as described. Indiana requires asbestos inspections to be performed by a licensed asbestos inspector. A worker certificate does not authorize someone to conduct an inspection, sign the inspection report, or make the ACM determination. The inspector's report should be treated as deficient until a licensed inspector reviews or redoes the inspection. The project also cannot start Monday with the current team because the supervisor's license expired 12 days ago. An expired license means he cannot supervise abatement, even if his AHERA refresher is still within 12 months. The company license expires in five days, so the contractor must renew before it lapses if the job will extend past that date. Starting work with an expired supervisor license and an unqualified inspector would violate Indiana licensing requirements and could invalidate the notification and waste records.
2. What licensing and training deficiencies exist, and what are the consequences?
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The supervisor's state license is expired. The company license is close to expiration and must remain valid for the entire project. The inspector lacked the inspector license. The worker's fit test is 13 months old, so it is expired; fit tests are required annually for tight-fitting respirators. The worker also lacks medical clearance, which cannot be waived by the employee. AHERA training and state licensing are separate: the supervisor's 11-month refresher is still current, but that does not cure the expired state license. The consequences include stop-work orders, civil penalties, invalid notification, and possible rejection of waste at the landfill. The contractor should not treat licenses as paperwork to fix later. The supervisor must renew before supervising, the company license must be renewed before expiration, a licensed inspector must correct the inspection, and the worker must be medically cleared and fit-tested before wearing a respirator.
3. What medical surveillance and respirator requirements apply to the workers?
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Workers who are exposed to asbestos above the permissible exposure limit, or who must wear a respirator for 30 or more days per year, must be included in a medical surveillance program. Medical clearance cannot be replaced by a waiver signed by the worker. The employer must provide a medical questionnaire and examination, keep records, and make the clearance available before respirator use. Tight-fitting respirators require an annual fit test, and the worker's 13-month-old test is expired. The employer must also provide respirator training, ensure the worker is clean-shaven where the seal contacts the face, and follow a written respiratory protection program. If the job involves only 400 square feet of ceiling tile, the contractor still must comply with the respirator and medical requirements for the employees who will disturb the ACM. The project should not begin until these records are current.