Question:

This is a current practice that I need a definitive response to:

Is there any scenario in which an employee (or contractor) who is not AHERA Building Inspector certified could grab a bulk sample and submit for asbestos analysis (i.e., the material is non-friable VAT or concrete or a brake shoe) and sample collection is conducted under the guidance/remote supervision of a Certified Industrial Hygienist (external consultant) and/or a certified AHERA Building Inspector)?

Answer:

The simple answer is “NO”. 

This is a problem for every ACM manager. You cannot be everywhere at once.  You may do what you need to do, but if the determination of ACM / Non-ACM is questioned legally, the fact is that the regulatory protocol takes precedence over the lab results. That means that if the protocol is not followed (i.e. certified inspector), you did not prove non-ACM. The material in question is ACM.

This may seem picky, but in the last 15-20 years, the threat of lawsuit is what drives the asbestos control industry. However, the solution may be to assume positive instead of sampling. You would have to have your people trained at the OSHA Class II or III level, but that is not a big deal.

Examples are a state-wide utility or a mining town that is entirely owned by a single company (thousands of buildings). Repair and maintenance work that disturbs building materials goes on daily. 

“Deep pockets” like these would have a written protocol to avoid liability. Make sure, in the case of asbestos, that the protocol is regulatory, not merely work-practical.  Follow the protocol.

Finally, with respect to the wording in your question that brings up the CIH, the reference in the OSHA construction standard at 29 CFR 1926.1101(k)(5)(ii)(B) does not allow a CIH who is not certified as an AHERA building inspector to conduct an asbestos inspection, or even to sample materials like we are discussing. The reference is only allowing the non-certified CIH to sample PACM, as defined in 1101(b), for the purpose of rebutting PACM.