LABOR AND INDUSTRIES

[Filed September 22, 2020, 1:39 p.m.]

Title of Rule and Other Identifying Information: Asbestos removal and encapsulation corrections, WAC 296-65-012 Asbestos supervisor certification, and 296-65-030 Methods of compliance.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department adopted updates in chapter 296-65 WAC, Asbestos removal and encapsulation (WSR 20-03-153) on January 21, 2020, which removed confusing and unnecessary language and clarified requirements for asbestos supervisors and trainers. The purpose of this proposal is to update a grammatical error and a housekeeping item that adds clarity. No requirements are affected. Please see below for the amendments being proposed:

WAC 296-65-012 (4)(b), Asbestos supervisor certification.


•	Replace the word worker with supervisor.

WAC 296-65-030(1), Methods of compliance.

Reasons Supporting Proposal: Updating this grammatical error and housekeeping item will ensure that all readers of this rule section can clearly understand the rules, keeping employers and employees safe on the job.


•	Clarify that this section is for certified asbestos abatement contractors by adding "certified asbestos abatement contractors" to the heading.

Statutory Authority for Adoption: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060; chapter 49.26 RCW.

Statute Being Implemented: Chapter 49.26 RCW.

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: Chris Miller, Tumwater, Washington, 360-902-5516; Implementation and Enforcement: Anne Soiza, Tumwater, Washington, 360-902-5090.

This notice meets the following criteria to use the expedited adoption process for these rules:

Corrects typographical errors, make address or name changes, or clarify language of a rule without changing its effect.

Explanation of the Reason the Agency Believes the Expedited Rule-Making Process is Appropriate: No requirements are being changed during this rule making, only correcting a grammatical error and housekeeping item, which fits within the parameters of RCW 34.05.353 Expedited rule making.

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Chris Miller, Department of Labor and Industries, P.O. Box 44610, Olympia, WA 98504-4610, phone 360-902-5516, fax 360-902-5619, email Christopher.Miller@Lni.wa.gov, AND RECEIVED BY November 23, 2020.

AMENDATORY SECTION(Amending WSR 20-03-153, filed 1/21/20, effective 3/2/20)

WAC 296-65-012Asbestos supervisor certification.

(1) To qualify for an asbestos supervisor certificate, an individual must:

(a) Have at least 1600 hours of experience in one or more of the following disciplines:

(i) Asbestos abatement;

(ii) Asbestos project design;

(iii) Consultation on asbestos abatement projects;

(iv) Asbestos operations and maintenance program supervision;

(v) Asbestos construction project supervision;

(b) Successfully complete an approved forty hour asbestos supervisor training course;

(c) Achieve a score of at least seventy percent on a one hundred question multiple choice closed book examination approved by the department but administered by the training course sponsor:

(i) If an individual does not pass the examination, then another examination (meeting the above criteria) may be given after a sufficient period of study. The new examination must not duplicate more than fifty percent of the questions used on prior examinations;

(ii) If an individual does not pass the second examination, they will be required to take an approved asbestos supervisor initial course.

(d) Complete an initial application notarized by an approved training course sponsor.

(e) Submit an approved affidavit of experience to the department from past and current employers verifying hours of experience as outlined in this subsection.

(f) Pay the fee prescribed in WAC 296-65-025.

(2) Certificates will be issued and emailed to the individual applicants and will be valid one year from the date of course completion.

(3) Certified asbestos supervisors must do the following to renew and continue certification prior to certificate expiration date:

(a) Attend and successfully complete an approved eight-hour asbestos supervisor refresher course;

(b) Complete a renewal application notarized by an approved training course sponsor; and

(4) Individuals whose certificates have been expired for less than twelve months will be required to achieve a score of at least seventy percent on a fifty question multiple choice closed book examination administered by the department. A nonrefundable fifty dollar fee will be charged to take this examination.

(a) If an individual does not pass the examination, then another examination (meeting the above criteria) may be given after a sufficient period of study. The new examination must not duplicate more than fifty percent of the questions used on prior examinations.

(b) If an individual does not pass the second exam, then they will be required to take an approved asbestos ((worker))supervisor initial course.

(5) Individuals whose certificates have been expired for more than twelve months will be required to take an approved asbestos supervisor initial course.

(6) An individual must not supervise any asbestos abatement project prior to issuance of the certificate.

(7) Temporary certification will be issued at the successful completion of an approved asbestos supervisor refresher course. Temporary certification is valid for six weeks from the completion of the course.

(8) The initial TSCA Title II supervisor accreditation certificate and the current supervisor certificate must be available for inspection at all times, either electronically or physically, at the location of the asbestos project.

(9) The department may suspend or revoke a certificate as provided in WAC 296-65-050 and chapter 296-900 WAC.

AMENDATORY SECTION(Amending WSR 20-03-153, filed 1/21/20, effective 3/2/20)

WAC 296-65-030Methods of compliance.

(1) Certified asbestos abatement contractors:

(a) Only certified asbestos abatement contractors may submit bids, or work on asbestos abatement projects.

(b) Certified asbestos contractors must employ at least one certified asbestos supervisor.

(2) Only certified asbestos supervisors may supervise asbestos abatement projects as required in WAC 296-62-07722.

(3) Only certified asbestos workers may work on asbestos projects as required in WAC 296-62-07722.

(4) A certified asbestos supervisor must provide direct, on-site supervision for asbestos abatement projects.

(5) Asbestos workers must have access to, and be under the control of certified asbestos supervisors throughout the duration of asbestos abatement projects.

(6) Any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of this section must be halted immediately and cannot be resumed before meeting such requirements.