License Renewal Pending, Overdue Medical Exam, and In-House Clearance
A New Mexico abatement contractor has a project starting in 3 days: 900 square feet of ceiling tile in a 1976 clinic. The contractor's state license renewal application was mailed 2 weeks ago, but the online license lookup still shows 'expired.' One worker's required medical surveillance exam was due 14 months ago; he has a current NM worker card and says he feels fine and will sign a waiver. The contractor's own air-monitoring technician performed the clearance on the last project because the third-party consultant canceled. The clinic owner wants the work done before a Monday opening and asks the contractor to 'start and sort out paperwork later.' A certified supervisor is available.
1. Can the contractor start work while the license lookup shows expired?
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No. An application in the mail does not extend the license. The contractor must hold an active NM abatement contractor license at the time abatement is performed. Starting on an expired license is unlicensed contracting, regardless of the renewal being pending. The contractor should verify status directly with NMED, expedite the renewal, and if the license is not active by the start date, delay the project. The owner cannot waive the license requirement, and 'sorting out paperwork later' risks a stop-work order, penalties, and license denial.
2. Can the worker perform abatement with an overdue medical exam if he signs a waiver?
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No. Medical surveillance is an employer obligation under OSHA 29 CFR 1926.1101; the employee cannot waive the required exam. A 14-month overdue exam means the worker is not cleared for asbestos work. He must be removed from asbestos exposure until the exam is completed and reviewed by a physician. His current NM worker card shows training, not medical clearance. The contractor should schedule the exam immediately; if it cannot be completed before start, use another medically cleared worker or delay. A waiver would not protect the contractor from citations or liability.
3. Who should perform clearance air monitoring, and what should the contractor do about the prior in-house clearance?
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Clearance should be performed by an independent air-monitoring professional who has no financial or employment relationship with the abatement contractor. The contractor's own technician doing clearance is a conflict of interest and undermines the validity of the result. For this project, the contractor should arrange an independent consultant and should not reuse the prior in-house clearance as evidence. If the prior project's clearance was performed in-house, the contractor should review whether it complied with project requirements and disclose any deficiency. The contractor should also ensure notification is filed and supervisor and worker certifications are current before start.