[atlas:bill]

AN ACT Relating to industrial hygiene; adding a new chapter to Title 18 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The purpose of this chapter is to provide legal recognition to the profession of industrial hygiene, as well as provide assurance to the public that individuals representing themselves as being involved in the profession of industrial hygiene have met minimum qualifications, thereby protecting the public from harm.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Industrial hygiene" means that science and art devoted to the anticipation, recognition, evaluation, and control of those environmental factors and stresses arising in or from the workplace that may cause sickness, impaired health and well-being, or significant discomfort among workers, and may also impact the general community.

(2) "Industrial hygienist" means a person who meets the educational requirements and who demonstrates competence in practicing industrial hygiene as determined under this chapter.

(3) "Industrial hygienist-in-training" means a person who has received the designation of industrial hygienist-in-training from a national nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene and that certifies individuals who meet its education, experience, examination, and maintenance requirements for practicing industrial hygiene.

(4) "Certified industrial hygienist" is a person who has received the designation of certified industrial hygienist from a national nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene and that certifies individuals who meet its education, experience, examination, and maintenance requirements for practicing industrial hygiene.

NEW SECTION. Sec. 3. (1) No person may represent himself or herself as an industrial hygienist without first:

(a) Completing a baccalaureate or graduate degree from an accredited college or university using a curriculum in industrial hygiene, biology, chemistry, engineering, physics, or a closely related physical or biological science; and

(b) Demonstrating through experience and training, the ability:

(i) To anticipate and recognize workplace environmental factors and stresses such as chemical, physical, biological, or ergonomic, and to understand their effects on people, and their well-being;

(ii) To evaluate, through observation, sampling, and testing, the magnitude of these factors and stresses; and

(iii) To prescribe methods to prevent, eliminate, control, or reduce such factors and stresses, and their effects; and

(c) Being certified by a national nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene and that certifies individuals who meet its education, experience, examination, and maintenance requirements.

(2) A person represents himself or herself as an industrial hygienist when the person adopts or uses any title or description of services that incorporates one or more of the following terms: Industrial hygienist, industrial hygienist-in-training, certified industrial hygienist, or any other term involving the words industrial hygiene.

NEW SECTION. Sec. 4. A person meeting the requirements of section 3 of this act or a nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene through certifying individuals who meet its education, experience, examination, and maintenance requirements may bring a private cause of action in the appropriate court to recover actual damages or one thousand dollars, whichever is greater, against any person who violates section 3 of this act.

NEW SECTION. Sec. 5. Nothing in this chapter prohibits or restricts:

(1) The practice of industrial hygiene by a person employed as an apprentice under the supervision of an industrial hygienist;

(2) A student studying industrial hygiene engaging in supervised activities related to industrial hygiene;

(3) Any person legally regulated in this state under any other licensing act or regulation from engaging in the activities permitted under his or her license, provided he or she does not represent himself or herself to the public as an industrial hygienist; or

(4) Individuals practicing within the scope of the meaning of industrial hygiene, so long as the individual does not use the title, initials, or represent themselves to the public as an industrial hygienist.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 18 RCW.