AN ACT Relating to asbestos projects; amending RCW 49.26.100, 49.26.110, 49.26.120, 49.26.130, and 49.26.140; adding new sections to chapter 49.26 RCW; and prescribing penalties.

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

Sec. 1. Section 1, chapter 387, Laws of 1985 and RCW 49.26.100 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 49.26.100 through 49.26.140.

(1) "Asbestos project" means the construction, demolition, repair maintenance, or renovation of any public or private building or mechanical piping equipment or systems involving the demolition, removal, encapsulation, salvage, or disposal of material, or outdoor activity, releasing or likely to release asbestos fibers into the air.

(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) "Certified asbestos supervisor" means an individual who is certified by the department to supervise an asbestos project.

(5) "((~~Qualified~~)) Certified asbestos worker" means an individual who is certified by the department to ((~~undertake~~)) work on an asbestos project.

((~~(5)~~)) (6) "Licensed asbestos contractor" means any partnership, firm, association, corporation or sole proprietorship that contracts to perform the removal or encapsulation of asbestos for another and is licensed by the department to remove or encapsulate asbestos.

NEW SECTION. Sec. 2. A new section is added to chapter 49.26 RCW to read as follows:

(1) The owner, employer, or contractor who engages in any construction, renovation, remodeling, maintenance, repair, or demolition shall make a good faith effort, using practices approved by the department, to determine whether the proposed project will disturb or release any material containing asbestos into the air. The good faith effort shall be conducted by a certified asbestos supervisor as defined in section 9 of this act.

A good faith effort is not required if the owner, employer, or contractor assumes that asbestos will be disturbed by a project which involves construction, renovation, remodeling, maintenance, repair, or demolition and takes the maximum precautions as required by all applicable federal and state requirements.

(2) A written report describing each good faith effort, or assumption of the presence of asbestos, shall be filed with the department prior to the start of an asbestos project. A copy of the written report shall be given to the collective bargaining representatives or employee representatives, if any, of the employees of the owner, employer, or contractor who may be exposed to any asbestos or material containing asbestos. A copy shall be posted as prescribed by the department in a place that is easily accessible to the employees of the owner, employer, and contractor.

(3) Projects which are defined as emergencies by the rules of the department shall not require prenotification to the department. Emergency projects which disturb or release any material containing asbestos into the air shall be reported to the department within fifteen days after the commencement of the project. The employees of the employer and contractor, employees' collective bargaining representatives, or employee representatives, if any, shall be notified of the emergency as soon as possible by the owner, employer, or contractor.

NEW SECTION. Sec. 3. A new section is added to chapter 49.26 RCW to read as follows:

(1) Any owner, employer, or contractor who begins any construction, renovation, remodeling, maintenance, repair, or demolition without first making a good faith effort as required in section 2 of this act shall, after notice from the department and a hearing, be subject to the suspension or revocation of the license to engage in asbestos projects.

(2) The penalty for a second offense within any twelve-month period shall be the automatic revocation of the license to engage in asbestos projects.

Any partnership, firm, corporation, or sole proprietorship which works on an asbestos project in its own facility using its own employees shall lose the exemption provided in RCW 49.26.110 and 49.26.120 upon being found in violation of the good faith inspection effort requirement in section 2(1) of this act for the second time within any twelve-month period.

(3) The penalty for failure to file a written report regarding the good faith effort as required in section 2 of this act shall be a fine of not less than two hundred fifty dollars and not more than five hundred dollars for each violation. Each day the violation continues shall be considered a separate violation.

(4) The penalties imposed in this section are in addition to any penalties under RCW 49.26.140.

NEW SECTION. Sec. 4. A new section is added to chapter 49.26 RCW to read as follows:

A safety conference shall be held for all asbestos projects before the start of actual work. It shall include representatives of the owner or contracting agency, the contractor, the employer, the employees of the contractor and the employer, and the employees' representatives. It shall include a discussion of the employer's safety program and such means, methods, devices, processes, practices, conditions, or operations the employer intends to use in providing a safe work environment.

Minutes shall be kept of each safety meeting and shall include the date of the meeting, the names of the individuals in attendance and the issues discussed. One copy of the meeting minutes shall be kept on file at the company and one copy shall be given to the employees' collective bargaining representative, or employee representative, if any, and shall be posted on the employee bulletin board as prescribed by the department.

Sec. 5. Section 2, chapter 387, Laws of 1985 and RCW 49.26.110 are each amended to read as follows:

No ((~~contractor,~~)) employee((,)) or other individual is eligible to work on an asbestos project unless issued a certificate by the department except, in the case of an asbestos project undertaken by any partnership, firm, corporation or sole proprietorship in its own facility and by its own employees under the direct, on-site supervision of a ((~~qualified~~)) certified asbestos worker. In cases excepted under this section, the partnership, firm, corporation or sole proprietorship shall submit a written description to the department of the kinds of asbestos projects expected to be undertaken and the procedures to be used in undertaking asbestos projects, which description shall demonstrate competence in performing the work in compliance with the requirements of this chapter, rules adopted under this chapter, and any other requirements of law for the safe demolition, removal, encapsulation, salvage, and disposal of asbestos. To qualify for a certificate, the ((~~contractor,~~)) employee((,)) or other individual: (1) Must have successfully completed a basic course of at least thirty hours((~~, provided or approved by the department,~~)) on the health and safety aspects of the removal and encapsulation of asbestos including but not limited to the federal and state standards regarding protective clothing, respirator use, disposal, air monitoring, cleaning, and decontamination. The basic course shall be an in-state course provided or approved by the department or an out-of-state course that meets criteria established by the department; and (2) must pass a test administered by the department. This training is intended to represent the minimum training and education requirement for certification and shall not preclude contractors or employers from providing additional training.

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. 6. A new section is added to chapter 49.26 RCW to read as follows:

Before working on an asbestos project, a contractor shall obtain an asbestos contractor's license from the state and shall have in its employ at least one certified asbestos supervisor who is responsible for assuring compliance with all state laws and regulations regarding asbestos.

Sec. 7. Section 4, chapter 387, Laws of 1985 and RCW 49.26.120 are each amended to read as follows:

No person may assign any employee, contract with, or permit any individual or person to remove or encapsulate asbestos in any facility unless performed by a ((~~qualified~~)) certified asbestos worker and under the direct, on-site supervision of a certified asbestos supervisor except, in the case of an asbestos project undertaken by any partnership, firm, corporation or sole proprietorship in its own facility and by its own employees under the direct, on-site supervision of a ((~~qualified~~)) certified asbestos ((~~worker~~)) supervisor. In cases excepted under this section, the partnership, firm, corporation or sole proprietorship shall submit a written description to the department of the kinds of asbestos projects expected to be undertaken and the procedures to be used in undertaking asbestos projects, which description shall demonstrate competence in performing the work in compliance with the requirements of this chapter, rules adopted under this chapter, and any other requirements of law for the safe demolition, removal, encapsulation, salvage, and disposal of asbestos. The department ((~~may~~)) shall require persons undertaking asbestos projects to provide written notice, including a description of the good faith effort required in section 2 of this 1987 act, to the department before the commencement of the project. Municipal fire departments which require their personnel to clean up sites after fires where materials containing asbestos may be disturbed or released into the air shall have a certified asbestos supervisor present at all site cleanups. Municipal fire departments shall develop written policies which are as stringent or more stringent than state requirements.

NEW SECTION. Sec. 8. A new section is added to chapter 49.26 RCW to read as follows:

All building owners and employers shall make a good faith effort, using practices approved by the department, to identify and prominently mark all materials which contain asbestos in their facilities. Records which catalog the location of the asbestos-laden materials shall be maintained by each employer and copies shall be made available to the department on request.

NEW SECTION. Sec. 9. A new section is added to chapter 49.26 RCW to read as follows:

To qualify for an asbestos supervisor's certificate, the applicant must successfully complete a training course provided or approved by the department which includes all topics covered by the asbestos worker certification courses and additional training in federal, state, and local statutes and regulations regarding asbestos removal and encapsulation, techniques of air monitoring, and other areas as determined by the department.

Sec. 10. Section 3, chapter 387, Laws of 1985 and RCW 49.26.130 are each amended to read as follows:

(1) The department shall administer RCW 49.26.110 through 49.26.140.

(2) The director of the department shall adopt, in accordance with chapter 34.04 RCW, rules necessary to carry out RCW 49.26.110 through 49.26.140.

(3) The department ((~~may~~)) shall prescribe fees for the issuance and renewal of certificates and licenses, and the administration of tests.

(4) The asbestos account is hereby established in the state treasury. Moneys in the account shall be spent only for costs incurred by the department in the administration and enforcement of this chapter. Disbursements from the account shall be on authorization of the director or the director's designee.

Sec. 11. Section 5, chapter 387, Laws of 1985 and RCW 49.26.140 are each amended to read as follows:

(1) ((The department may assess a civil penalty, not to exceed five thousand dollars for each violation, against any person or individual who knowingly violates a provision of RCW 49.26.110 through 49.26.130.)) Unless specifically provided otherwise by statute, this chapter shall be implemented and enforced, including penalties, violations, citations, and other administrative procedures, pursuant to the Washington industrial safety and health act, chapter 49.17 RCW.

(2) A person or individual who previously has been assessed a civil penalty under this section, and who ((~~knowingly~~)) violates a provision of RCW 49.26.110 through 49.26.130 or a rule adopted pursuant to RCW 49.26.110 through 49.26.130 is guilty of a misdemeanor.