SENATE BILL REPORT

SB 5681

BYSenators 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 8, 1989

AS REPORTED BY COMMITTEE ON ECONOMIC DEVELOPMENT & LABOR, FEBRUARY 8, 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 pre-notification 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 (and SB 6606) are re-enacted.  Federal rules for projects in schools are established for all asbestos removal projects (with a small scale exemption).  Inspection and pre-notification 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.

EFFECT OF PROPOSED SUBSTITUTE:

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 (rather than mandatorily submitted) to the Department of Labor and Industries and contractors, in addition to employee representatives.

Circumstances are clarified under which direct supervision is needed for projects undertaken in an owner's own facility with its own employees.

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

Prenotification is 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.

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 (con); Steve Cant, Department of Labor and Industries (pro); Chuck Bailey, Washington State Labor Council (pro); Clif Finch, AWB; Raymond Donahue, Specialized Environmental Consulting (pro)