PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 09-16-112.
Title of Rule and Other Identifying Information: Chapter 296-65 WAC, Asbestos removal and encapsulation.
Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., Auditorium, Tumwater, WA 98501-5414, on Wednesday, October 28, 2009, at 1:00 p.m.
Date of Intended Adoption: December 22, 2009.
Submit Written Comments to: Jamie Scibelli, P.O. Box 44620, Olympia, WA 98504-4620, e-mail scij235@lni.wa.gov, fax (360) 902-5619, by November 6, 2009.
Assistance for Persons with Disabilities: Contact Beverly Clark by October 14, 2009, (360) 902-5516 or clah235@lni.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: As approved by the 2009 legislature, the purpose of this rule making is to adjust the fees set forth in WAC 296-65-025 Fees, for the division of occupational safety and health's asbestos program. If these fees are increased, this will be the first fee increase since the program began in 1985. This fee increase will ensure the department's ability to continue the asbestos program. The estimated budget and projected revenue show that the program is going to be underfunded by the end of 2009-2011 biennial fiscal years and in great deficit by the end of 2011-2013 fiscal years, provided that no fee increase occurs during these periods. In order for the program to function smoothly and keep providing speedy and quality service for asbestos-related business, this fee increase rule is proposed and considered as a necessary means to help cover the cost of ongoing services of the asbestos program.
The purpose of the asbestos program within the division of occupational safety and health is to oversee the certification of asbestos abatement work. These certification requirements are set forth in chapter 296-65 WAC, Asbestos. This program reviews, approves, and audits asbestos abatement courses and asbestos abatement course providers. Asbestos abatement workers and supervisors are reviewed to ensure they have obtained an adequate level of training from an approved training course provider. Additionally, asbestos abatement supervisors must demonstrate a minimum level of experience to obtain certification. Asbestos abatement contractors are reviewed to ensure they are a registered contractor with the department of labor and industries and they have at least one certified asbestos supervisor on staff.
WAC 296-65-025 Fees, the proposed language in this section has been amended to increase the fees as follows:
| • | Increase fees for asbestos worker certificate from $25 to $45; |
| • | Increase fees for asbestos supervisor certificate from $35 to $65; |
| • | Increase fees for asbestos contractor certificate from $1000 to $1050; and |
| • | Increase fees for asbestos training course approval from $1000 to $1250. |
Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060, and section 218, chapter 564, Laws of 2009.
Statute Being Implemented: RCW 49.26.130.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Tracy Spencer, Tumwater, Washington, (360) 902-5530; Implementation and Enforcement: Stephen M. Cant, Tumwater, Washington, (360) 902-5495.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Likewise, RCW 19.85.025(3) says that chapter 19.85 RCW does not apply to a rule described in RCW 34.05.310(4), and that subsection exempts rules that "set or adjust fees pursuant to legislative standards." As such, the department is exempt from conducting a small business economic impact statement for this proposed rule.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(vi) states the exemption from its requirements rules "that set or adjust fees or rates pursuant to legislative standards." This proposal is to adjust fees with regard to asbestos-related trade and the program has received legislative approval, described in ESHB 1244, for the fee increase. As such, the department is exempt from conducting cost-benefit analysis for this proposed rule.
September 22, 2009
Judy Schurke
Director
OTS-2605.1
AMENDATORY SECTION(Amending WSR 99-17-026, filed 8/10/99,
effective 11/10/99)
WAC 296-65-025
Fees.
(1) A nonrefundable administrative
fee of ((twenty-five)) forty-five dollars will be assessed for
each initial, replacement, or renewal asbestos worker
certificate application. The fee (check or money order) must
accompany the certificate application and be made payable to
the department. An application form may be obtained from any
approved training course instructor or directly from the
department.
(2) A nonrefundable administrative fee of ((thirty-five))
sixty-five dollars will be assessed for each initial,
replacement, or renewal asbestos supervisor certificate
application. The fee (check or money order) must accompany
the certificate application and be made payable to the
department. An application form may be obtained from any
approved training course instructor or directly from the
department.
(3) A nonrefundable administrative fee of one thousand fifty dollars will be assessed for each initial or renewal contractor certificate application. The fee (check or money order) must accompany the certificate application and be made payable to the department. An application form may be obtained from the department.
| Note: | In circumstances where it is necessary to coordinate an expiration date with the date of expiration of a contractor registration issued under chapter 18.27 RCW, certificates may be valid for less than one year. In such circumstances, the certificate fee prescribed in WAC 296-65-025 will be prorated accordingly for the initial application only. |
[Statutory Authority: RCW 49.17.040, 49.17.050, 49.26.040, and 49.26.130. 99-17-026, § 296-65-025, filed 8/10/99, effective 11/10/99. Statutory Authority: Chapter 49.17 RCW. 89-21-018 (Order 89-10), § 296-65-025, filed 10/10/89, effective 11/24/89; 87-24-051 (Order 87-24), § 296-65-025, filed 11/30/87. Statutory Authority: SSB 4209, 1985 c 387. 85-21-080 (Order 85-30), § 296-65-025, filed 10/22/85.]