AN ACT Relating to
asbestos certification; and amending RCW 49.26.013, 49.26.016, 49.26.100,
49.26.110, 49.26.115, and 49.26.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 49.26.013 and 1989 c
154 s 2 are each amended to read as follows:
(1) Any owner or
owner's agent who allows or authorizes any construction, renovation,
remodeling, maintenance, repair, or demolition project which has a reasonable
possibility, as defined by the department, of disturbing or releasing asbestos
into the air, shall perform or cause to be performed, using practices approved
by the department, a good faith inspection to determine whether the proposed
project will disturb or release any material containing asbestos into the air.
Such inspections
shall be conducted by persons meeting the accreditation requirements of the
federal toxics substances control act, section 206(a) (1) and (3) (15 U.S.C.
2646(a) (1) and (3)).
An inspection under
this section is not required if the owner or owner's agent is reasonably
certain that asbestos will not be disturbed or assumes that asbestos will be
disturbed by a project which involves construction, renovation, remodeling,
maintenance, repair, or demolition and takes the maximum precautions as
specified by all applicable federal and state requirements.
(2) Except as provided
in RCW 49.26.125, the owner or owner's agent shall prepare and maintain a
written report describing each inspection, or a statement of assumption of the
presence or reasonable certainty of the absence of asbestos, and shall ((make))
provide a copy of the written report or statement ((available)) to
all contractors before they apply or bid on work. In addition, upon
written or oral request, the owner or owner's agent shall make a copy of the
written report available to: (1) The department of labor and industries;
(2) contractors; and (3) the collective bargaining representatives or employee
representatives, if any, of employees 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 such employees.
Sec. 2. RCW 49.26.016 and 1989 c
154 s 3 are each amended to read as follows:
(1) Any owner or
owner's agent who allows the start of any construction, renovation, remodeling,
maintenance, repair, or demolition without first (a) conducting the inspection
and preparing and maintaining the report of the inspection, or preparing and
maintaining a statement of assumption of the presence or reasonable certainty
of the absence of asbestos, as required under RCW 49.26.013; and (b) preparing
and maintaining the additional written description of the project as required
under RCW 49.26.120 shall be subject to a mandatory fine of not less than two
hundred fifty dollars for each violation. Each day the violation continues
shall be considered a separate violation. In addition, any construction,
renovation, remodeling, maintenance, repair, or demolition which was started
without meeting the requirements of RCW 49.26.013 and 49.26.120 shall be halted
immediately and cannot be resumed before meeting such requirements.
(2) ((It is the
responsibility of any contractor registered under chapter 18.27 RCW to request
a copy of the written report or statement required under RCW 49.26.013 from the
owner or the owner's agent.)) No contractor may commence any construction,
renovation, remodeling, maintenance, repair or demolition project without
receiving the copy of the written report or statement from the owner or the
owner's agent. Any contractor who begins any project without the copy of the
written report or statement shall be subject to a mandatory fine of not less
than two hundred and fifty dollars per day. Each day the violation continues
shall be considered a separate violation.
(3) ((Any
partnership, firm, corporation or sole proprietorship that begins any
construction, renovation, remodeling, maintenance, repair, or demolition
without meeting the requirements of RCW 49.26.013 and the notification
requirement under RCW 49.26.120 shall lose the exemptions provided in RCW
49.26.110 and 49.26.120 for a period of not less than six months.
(4))) The certificate of any asbestos contractor who
knowingly violates any provision of this chapter or any rule adopted under this
chapter shall be revoked for a period of not less than six months.
(((5))) (4)
The penalties imposed in this section are in addition to any penalties under
RCW 49.26.140.
Sec. 3. RCW 49.26.100 and 1989 c
154 s 4 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Asbestos
abatement project" means an asbestos project involving three square feet
or three linear feet, or more, of asbestos-containing material.
(2)
"Asbestos project" means the construction, demolition, repair,
maintenance, remodeling, 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))) (3)
"Department" means the department of labor and industries.
(((3))) (4)
"Director" means the director of the department of labor and
industries or the director's designee.
(((4))) (5)
"Person" means any individual, partnership, firm, association,
corporation, sole proprietorship, or the state of Washington or its political
subdivisions.
(((5))) (6)
"Certified asbestos supervisor" means an individual who is certified
by the department to supervise an asbestos project. A certified asbestos
supervisor is not required for projects involving less than three square feet
or three linear feet of asbestos-containing material.
(((6))) (7)
"Certified asbestos worker" means an individual who is certified by
the department to work on an asbestos project.
(((7))) (8)
"Certified asbestos contractor" means any partnership, firm,
association, corporation or sole proprietorship registered under chapter 18.27
RCW that submits a bid or contracts to remove or encapsulate asbestos for
another and is certified by the department to remove or encapsulate asbestos.
(((8))) (9)
"Owner" means the owner of any public or private building, structure,
facility or mechanical system, or the agent of such owner, but does not include
individuals who work on asbestos projects on their own single-family residences
no part of which is used for any commercial purpose.
Sec. 4. RCW 49.26.110 and 1989 c
154 s 5 are each amended to read as follows:
(1) No employee or
other individual is eligible to do work governed by this chapter unless issued
a certificate by the department ((except, in the case of an asbestos project
undertaken by any partnership, firm, corporation or sole proprietorship which
has not lost this exemption under RCW 49.26.016(3), and conducted in its own
facility and by its own employees. In cases excepted under this section:
(a) Direct, on-site
supervision by a certified asbestos supervisor shall be required for asbestos
projects performed at one project location by workers who are not certified.
(b) If a project is
conducted using only certified workers or if a certified worker functions as a
foreman or lead person, supervision can be performed in the regular course of a
supervisor's duties and need not be direct and on-site.
(c) 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)).
(2) To qualify for a
certificate:
(a) Certified asbestos
workers ((and supervisors)) must have successfully completed a four-day
training course ((of at least thirty hours,)). Certified asbestos
supervisors must have completed a five-day training course. Training courses
shall be provided or approved by the department((, on the));
shall cover such topics as 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((,)); and shall meet
such additional qualifications as may be established by the department by rule
for the type of certification sought. The department may require the
successful completion of annual refresher courses provided or approved by the
department for continued certification as an asbestos worker or supervisor.
However, the authority of the director to adopt rules implementing this section
is limited to rules that are specifically required, and only to the extent
specifically required, for the standards to be as stringent as the applicable
federal laws governing work subject to this chapter; and
(b) All
applicants for certification as asbestos workers or supervisors must pass an
examination in the type of certification sought which shall be provided or
approved by the department.
These requirements are
intended to represent the minimum requirements for certification and shall not
preclude contractors or employers from providing additional education or
training. ((The department may require the successful completion of annual
refresher courses provided or approved by the department for continued
certification as an asbestos worker or supervisor.))
(3) The department
shall provide for the reciprocal certification of any individual trained to
engage in asbestos projects in another state when the prior training is shown
to be substantially similar to the training required by the department.
Nothing shall prevent the department from requiring such individuals to take an
examination or refresher course before certification.
(4) The department may
deny, suspend, or revoke a certificate, as provided under RCW 49.26.140, for
failure of the holder to comply with any requirement of this chapter or chapter
49.17 RCW, or any rule adopted under those chapters, or applicable health and
safety standards and regulations. In addition to any penalty imposed under RCW
49.26.016, the department may suspend or revoke any certificate issued under
this chapter for a period of not less than six months upon the following grounds:
(a) The certificate was
obtained through error or fraud; or
(b) The holder thereof
is judged to be incompetent to carry out the work for which the certificate was
issued.
Before any certificate
may be denied, suspended, or revoked, the holder thereof shall be given written
notice of the department's intention to do so, mailed by registered mail,
return receipt requested, to the holder's last known address. The notice shall
enumerate the allegations against such holder, and shall give him or her the
opportunity to request a hearing before the department. At such hearing, the
department and the holder shall have opportunity to produce witnesses and give
testimony.
(5) A denial,
suspension, or revocation order may be appealed to the board of industrial
insurance appeals within fifteen working days after the denial, suspension, or
revocation order is entered. The notice of appeal may be filed with the
department or the board of industrial insurance appeals. The board of
industrial insurance appeals shall hold the hearing in accordance with
procedures established in RCW 49.17.140. Any party aggrieved by an order of
the board of industrial insurance appeals may obtain superior court review in
the manner provided in RCW 49.17.150.
(6) Each person certified
under this chapter shall display, upon the request of an authorized
representative of the department, valid identification issued by the
department.
Sec. 5. RCW 49.26.115 and 1989 c
154 s 6 are each amended to read as follows:
Before working on an
asbestos abatement project, a contractor shall obtain an asbestos
contractor's certificate from the department and shall have in its employ at
least one certified asbestos supervisor who is responsible for supervising all
asbestos abatement projects undertaken by the contractor and for
assuring compliance with all state laws and regulations regarding asbestos.
The contractor shall apply for certification renewal every year. The
department shall ensure that the expiration of the contractor's registration
and the expiration of his or her asbestos contractor's certificate coincide.
Sec. 6. RCW 49.26.120 and 1989 c
154 s 7 are each amended to read as follows:
(1) 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 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 which has not lost
this exemption under RCW 49.26.016(3), and conducted in its own facility and by
its own employees. In cases excepted under this section:
(a) Direct, on-site
supervision by a certified asbestos supervisor shall be required for asbestos
projects performed at one project location by workers who are not certified.
(b) If a project is
conducted using only certified workers or if a certified worker functions as a
foreman or lead person, supervision can be performed in the regular course of a
supervisor's duties and need not be direct and on-site.
(c) 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)). In
cases in which an employer conducts an asbestos abatement project in its own
facility and by its own employees, supervision can be performed in the regular
course of a certified asbestos supervisor's duties. Asbestos workers must have
access to certified asbestos supervisors throughout the duration of the
project.
(2) The department
shall require persons undertaking asbestos projects to provide written notice
to the department before the commencement of the project except as provided in
RCW 49.26.125. The notice shall include a written description containing such
information as the department requires by rule. The department may by rule
allow a person to report multiple projects at one site in one report. The
department shall by rule establish the procedure and criteria by which a person
will be considered to have attempted to meet the prenotification requirement.
(3) The
department shall consult with the state fire protection policy board, and may
establish any additional policies and procedures for municipal fire department
and fire district personnel who clean up sites after fires which have rendered
it likely that asbestos has been or will be disturbed or released into the air.
