SENATE BILL REPORT

SB 5836

BYSenators Warnke, Metcalf and Smitherman

Requiring certified supervisors to oversee asbestos projects.

Senate Committee on Commerce & Labor

Senate Hearing Date(s):

Senate Staff:Mark McDermott (786-7429)

AS OF FEBRUARY 17, 1987

BACKGROUND:

Chapter 49.26 RCW requires an individual who works on an asbestos project to be certified by the Department of Labor and Industries as a qualified asbestos worker.  Each applicant must successfully complete a 30-hour course which is approved by the Department in order to be certified.

Partnerships, firms, corporations and sole proprietorships, which remove asbestos in their own facilities with their own personnel, are required to have a qualified asbestos worker supervising each project.  The nonsupervisory personnel are not required to be certified.  Department of Labor and Industries' rules specify that the self-removers shall have one qualified asbestos worker supervising every three non-certified workers on each project.

The Department may require prior notification of the start of any asbestos project.

SUMMARY:

Any partnership, firm, association, corporation, or sole proprietorship which contracts to remove or encapsulate asbestos for another, must be licensed by the Department of Labor and Industries.  Each asbestos project must be supervised by a Department-certified asbestos supervisor.  An individual must successfully complete a Department-provided or approved course to become a certified asbestos supervisor.

Any owner, employer, or contractor who engages in construction, renovation, remodeling, maintenance, repair, or demolition shall make a good faith effort, prior to the start of the project, to determine if asbestos will be disturbed or released into the air.  The good faith effort is not required if an assumption is made that the project will disturb asbestos and maximum legal precautions are taken.  Emergencies are exempted from the good faith effort requirement.

The penalty for failure to make a good faith effort may be the suspension or revocation of the license to engage in asbestos projects.  A second offense in 12 months shall result in the automatic revocation of a license.  Self removers who commit two offenses in a 12 month period shall lose their exemption to remove asbestos without a license and without the use of certified asbestos workers.

Any person undertaking an asbestos project must notify the Department, in writing, prior to the start of the project.

All asbestos workers, except those working for a self-remover, must be certified by the Department.  Certification requires the successful completion of a state-approved or provided course, and passing a department-administered test.

A safety conference which includes representatives of the owner, contractor, or the employer, employees involved, and the employees' representatives shall be held prior to the start of each asbestos project.

All building owners and employers shall make a good faith effort to identify and prominently mark all materials containing asbestos in their facilities.

Municipal fire departments which require their personnel to clean up sites after fires shall have a certified asbestos supervisor at all site clean-ups.  The fire department shall develop written policies regarding asbestos removal which are stringent as current state requirements.

The Department shall prescribe fees for the issuance and renewal of certificates and licenses and the administration of tests.

An asbestos account is established in the State Treasury.  Monies from the account can only be spent for the administration and enforcement of Chapter 49.26 RCW.

Asbestos violations are covered by the Washington Industrial Safety and Health Act (WISHA) Chapter 49.17 RCW.

Fiscal Note:      requested