Arizona Supervisor with a Pending New Mexico Application
An Arizona-certified asbestos supervisor moves to New Mexico and is hired by a contractor with an active NM abatement contractor license. He completed an EPA-accredited 5-day supervisor course 14 months ago and his Arizona refresher is current; he has 8 years of experience. The contractor is scheduled to start a 3-day, 600-square-foot abatement at a university in 5 days. The supervisor submitted a NM certification application 10 days ago but NMED has not issued a card. The contractor asks whether the supervisor can run the crew under interstate reciprocity, or, if the university calls it an emergency, under the emergency notification exception. The crew includes two NM-certified workers.
1. Can the supervisor run the crew before receiving New Mexico certification?
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No. New Mexico certification is required before a supervisor performs abatement work in the state. Arizona certification and current training are evidence of qualifications, but they do not substitute for a NM card. Reciprocity, if available, is not automatic; it requires NMED review and issuance. A pending application does not grant interim authority. Allowing him to supervise would violate the certification requirement and could result in stop-work, penalties, and license discipline. The contractor should assign an already NM-certified supervisor for the project or delay until the card is issued.
2. Does calling the project an emergency allow him to supervise without certification?
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No. Emergency notification provisions address shortened notice to the regulatory agency for unforeseen events that could endanger health or safety or cause equipment failure; they do not waive supervisor certification or work-practice requirements. A scheduled university abatement is not an emergency merely because the owner wants a faster start. Even in a genuine emergency, the contractor must use certified personnel. If no NM-certified supervisor is available, the contractor cannot lawfully proceed; the owner should be advised of the delay. Falsely labeling a planned project as an emergency is itself a notification violation.
3. What should the contractor do in the 5 days before the scheduled start?
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Confirm whether any current employee holds NM supervisor certification and reassign that person. Contact NMED about expedited processing, but do not assume it will issue in time. If no certified supervisor is available, request a start-date extension and keep the owner informed. Do not list the Arizona supervisor on the notification as the project supervisor unless he is certified. Use the two NM-certified workers only under a certified supervisor. Also verify the supervisor's application is complete; missing documents are a common cause of delay. Document all efforts.