18VAC15-21-400: Conflict of interest

A. It is a conflict of interest and a violation of this chapter for an asbestos contractor to have an employee-employer relationship with or financial interest in an asbestos analytical laboratory utilized by the contractor for asbestos sample analysis. The requirements of this subsection do not apply when the laboratory performing analysis is owned by the owner of the building where samples are taken.

B. It is a conflict of interest and a violation of this chapter for an asbestos contractor to have an employee-employer relationship with an asbestos project monitor working on an asbestos project performed by that asbestos contractor. An asbestos contractor must not have any financial interests in the firm of which a project monitor is an employee and provides project monitoring services for that contractor. This section does not relieve a contractor of OSHA requirements set forth in 29 CFR 1926.1101.

C. It is a conflict of interest and a violation of this chapter for an asbestos contractor to enter into a contract to perform an asbestos project if the asbestos inspection or project design was performed by individuals with an employer-employee relationship with or financial interest in the asbestos contractor, unless the asbestos contractor provides the building owner with the Virginia Asbestos Licensing Consumer Information Sheet and the Virginia Asbestos Licensing Inspector/Project Designer/Contractor Disclosure Form prescribed by the department. The completed disclosure form must be submitted as part of the bid.

D. The requirements of this section do not apply to a contractor-subcontractor relationship between an asbestos contractor and an asbestos project monitor.