SENATE BILL REPORT

SSB 5681

BYSenate Committee on Economic Development & Labor (originally sponsored by Senators Lee, Smitherman and West; by request of Department of Labor and Industries)

Reenacting and amending provisions for asbestos projects.

Senate Committee on Economic Development & Labor

Senate Hearing Date(s):January 23, 1989; February 8, 1989

Majority Report:  That Substitute Senate Bill No. 5681 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Lee, Chairman; McMullen, Matson, Murray, Saling, Smitherman, Williams.

Senate Staff:Steve Boruchowitz (786-7429)

                  March 13, 1989

AS PASSED SENATE, MARCH 10, 1989

BACKGROUND:

The 1986 federal Asbestos Hazard Emergency Response Act and related 1987 EPA rules require states to provide worker certification plans and ensure that asbestos in schools is removed by certified work crews.  These plans must conform to a given model.  Additionally, there is interest on the part of affected parties and the Department of Labor and Industries to provide for certification of contractors and supervisors.

In the 1988 legislative session, HB 1592 was passed and signed (with a partial veto) by the Governor.  HB 1592 provided for contractor and supervisor certification, as well as prenotification procedures, penalties for noncompliance, and training requirements.  A lawsuit was filed on September 12, 1988 in Thurston County Superior Court by the Northwest Pulp and Paper Association, challenging HB 1592 for failing to meet the requirements of Article II, Section 19 of the state Constitution.

SUMMARY:

Nonvetoed provisions of HB 1592 are re-enacted and amended.  Federal rules regarding worker certification for projects in schools are established for all asbestos removal projects.  Inspection and prenotification to the Department of Labor and Industries are required for building owners (or agents) prior to conducting or authorizing activities that may release asbestos into the air.  Additional wording clarifies the appeal process if a certification is revoked.

The definition of "owner" excludes an individual conducting an asbestos project on his or her own single family residence if no part of the residence is used for any commercial purpose.

Inspection reports shall be maintained and made available upon request to the department, contractors and employee representatives.

Prenotification to the department is only required for projects larger than 48 square feet (or 10 linear feet of pipe).  Large-scale, on-going projects can be covered by an annual notification (significant changes must be reported).  The director may require prenotification for smaller projects if information available on personnel, equipment, methodologies, work site or procedures warrants.

Incremental phasing in conduct or design of projects to avoid prenotification requirements is a violation.

Emergency projects are defined.  Such projects require posting of a notice.

Procedures for reciprocal certification are provided for workers trained and certified in other states.

Appropriation:    $226,343 for the biennium from the accident and medical aid funds to the Department of Labor and Industries to be repaid from certification and training fees.  $1,145,188 from the accident and medical aid funds to increase enforcement of workplace asbestos requirements.

Revenue:    yes

Fiscal Note:      available

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Doug Morrison, Northwest Pulp and Paper; Robert Taylor, ALCOA; Steve Cant, Department of Labor and Industries; Chuck Bailey, Washington State Labor Council ; Clif Finch, AWB; Raymond Donahue, Specialized Environmental Consulting