S-1595               _______________________________________________

                                                   SENATE BILL NO. 4209

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Warnke, Bauer, McManus, Owen and Thompson

Read first time 2/8/85 and referred to Committee on Commerce and Labor.

AN ACT Relating to the regulation of persons removing or encapsulating asbestos; adding new sections to chapter 49.26 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 5 of this act.

          (1) "Asbestos project" means an activity involving the removal or encapsulation of asbestos by any person.

          (2) "Department" means the department of labor and industries.

          (3) "Person" means any partnership, firm, association, corporation, sole proprietorship, or the state of Washington or its political subdivisions.

          (4) "Qualified asbestos worker" means an individual who is certified by the department to undertake an asbestos project.

NEW SECTION. Sec. 2.     No individual is eligible to work on an asbestos project unless the individual holds a certificate issued by the department.  To quality for a certificate, the individual must have successfully completed a basic course, provided or approved by the department, on the health and safety aspects of the removal and encapsulation of asbestos including the federal and state standards applicable to asbestos projects.

          The department may suspend or revoke a certificate, in accordance with chapter 34.04 RCW for failure of the holder to comply with applicable health and safety standards and regulations.

NEW SECTION. Sec. 3.     (1) The department shall administer sections 2 through 5 of this act.

          (2) The director of the department shall adopt, in accordance with chapter 34.04 RCW, rules necessary to carry out sections 2 through 5 of this act.

          (3) The department may prescribe fees for the issuance and renewal of certificates.

NEW SECTION. Sec. 4.     No person may permit the removing or encapsulating of asbestos in that person's own facilities unless performed by a qualified asbestos worker.

NEW SECTION. Sec. 5.     (1) A person or individual who wilfully violates a provision of sections 2 through 5 of this act or a rule adopted pursuant to sections 2 through 5 of this act shall be assessed a civil penalty of not more than five thousand dollars for each violation.

          (2) A person or individual who previously has been assessed a civil penalty under this section, and who wilfully violates a provision of sections 2 through 5 of this act or a rule adopted pursuant to sections 2 through 5 of this act is guilty of a misdemeanor.

NEW SECTION. Sec. 6.     Sections 1 through 5 of this act are each added to chapter 49.26 RCW.