Expired Supervisor and Out-of-State Worker on a County Project
A general contractor in Albuquerque is low bidder on a $48,000 abatement of 1,200 square feet of floor tile and 180 linear feet of pipe wrap in a 1974 county building. Start date is 12 calendar days away. The firm holds an active New Mexico asbestos abatement contractor license. The assigned supervisor's NM supervisor certification expired 19 days ago; her initial 5-day training was 6 years ago and her last refresher was 11 months before expiration. A worker hired from Texas has a current Texas worker certificate and 3 years of experience but no NM card. The project notification has not been filed. The owner asks whether the crew can start on time if the supervisor 'studies up' and the Texas worker brings his card.
1. Can the assigned supervisor legally supervise the crew on the start date? Explain the specific deficiencies and the contractor's options.
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No. NM supervisor certification is personal and time-limited; expiration means she is not certified to supervise abatement. Her training is also stale: the initial 5-day supervisor course must be kept current by an annual refresher, and by the start date she would be beyond the refresher window. 'Studying up' does not cure either defect. The contractor must assign a supervisor whose NM certification and refresher are current for the entire project, or delay until she completes an approved refresher and NMED issues certification. An expired supervisor on site exposes the contractor to stop-work orders, citations, license discipline, and owner liability under NESHAP. She should not be listed as supervisor on the notification unless and until certification is active.
2. The Texas worker has a current Texas worker certificate. May he remove asbestos on this New Mexico project? What must happen before he does?
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Not automatically. New Mexico requires its own certification to perform asbestos abatement work. A Texas certificate shows he completed accredited training, which is a prerequisite, but it is not a NM card. He must apply to NMED, submit proof of current EPA/AHERA-accredited worker training, pay the required fee, and receive NM certification before working. Some states have reciprocity, but it is not self-executing; the contractor must verify that NMED accepts his training and whether an additional exam or application step applies. Until then he may perform non-abatement tasks such as moving equipment or building containment only if he does not disturb asbestos. Putting him on the removal crew without NM certification risks removal of the crew and penalties.
3. What filings and license checks must be completed before the start date, and what is the consequence of starting without them?
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The contractor must confirm its NM abatement contractor license is active for the scope, confirm every worker and supervisor has current NM certification, and file the required NESHAP/state notification at least 10 working days before start unless a valid emergency provision applies. The notification must be accurate; listing an uncertified supervisor or omitting the project is a violation. The contractor should also verify waste transport and disposal and confirm the owner/operator has been informed. Starting without notification or certification can result in stop-work orders, civil penalties, license suspension, and contractor and owner liability. The 12-day window is tight but is not a basis to waive requirements; if the notification cannot be filed on time, the start must be delayed.