Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Commerce & Labor Committee

HB 2074

Brief Description:  Providing legal recognition to the professions of industrial hygiene and safety.

Sponsors:  Representatives Clements, Conway, Alexander and Romero.

Brief Summary of Bill

$Restricts who may represent himself or herself as an industrial hygienist, a certified industrial hygienist, an associate safety professional, or a certified safety professional.

Hearing Date:  2/26/01

Staff:  Jill Reinmuth (786‑7134).

Background: 

Industrial hygienists deal with environmental factors in the workplace that may affect the health and safety of workers.  They test and monitor potentially harmful situations and hazardous work practices, design and implement controls and procedures to prevent injuries and illnesses, and provide training on safe work practices.

Safety professionals work to prevent accidents, incidents, and events that harm people, property, or the environment.  They identify and evaluate hazardous conditions and practices, and develop, implement, evaluate, and advise others on hazard controls.

Washington law currently does not license industrial hygienists or safety professionals, or otherwise limit the use of these titles.  Laws in 14 other states limit, in some manner, the use of these titles.

Summary of Bill: 

Unless a person meets certain qualifications, he or she may not represent himself or herself as an industrial hygienist, a certified industrial hygienist, an associate safety professional, or a certified safety professional.  The required qualifications are as follows:

An "industrial hygienist" must: (a) complete an undergraduate or graduate degree in industrial hygiene, engineering, or a related field; (b) demonstrate abilities to recognize and evaluate workplace environmental factors, and to prescribe methods to control these factors; or (c) be certified by a national nonprofit corporation, such as the American Board of Industrial Hygiene.

A "certified industrial hygienist" must be certified by and currently authorized to use the title by certain national nonprofit corporations, such as the American Board of Industrial Hygiene.

An "associate safety professional" must have received and be currently authorized to use this designation by the Board of Certified Safety Professionals.

A "certified safety professional" must have received and be currently authorized to use this designation by the Board of Certified Safety Professionals.

A qualified person or a nonprofit corporation that certifies persons as industrial hygienists or safety professionals may bring a cause of action against a person who uses one or more of these titles and designations improperly.  The plaintiff may recover actual damages or $1,000, whichever is greater.

The following persons and activities are not prohibited or restricted:

$an apprentice practicing industrial hygiene under the supervision of an industrial hygienist; 

$a student engaging in supervised activities relating to industrial hygiene;

$a person engaging in activities permitted under another license, so long as he or she does not represent himself or herself as an industrial hygienist; and

$a person practicing industrial health or safety, so long as he or she does not represent himself or herself as an industrial hygienist or safety professional.

Rules Authority:  The bill does not contain provisions addressing the rule-making powers of an agency.

Appropriation:  None.

Fiscal Note:  Requested on February 26, 2001.

Effective Date:  Ninety days after adjournment of session in which bill is passed.