LABOR AND INDUSTRIES

[Filed December 1, 2020, 7:46 a.m., effective January 4, 2021]

Effective Date of Rule: January 4, 2021.

Purpose: 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 rule making is to update a grammatical error and a housekeeping item that adds clarity. No requirements were affected.

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


•	Replaced the word worker with supervisor.

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

Citation of Rules Affected by this Order: Amending WAC 296-65-012 (4)(b) and 296-65-030(1).


•	Clarified 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 and 49.17.060; chapter 49.26 RCW.

Adopted under notice filed as WSR 20-19-134 on September 22, 2020.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: December 1, 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.