[atlas:bill]

AN ACT Relating to industrial hygiene and safety; 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 professions of industrial hygiene and safety, as well as to provide assurance to the public that individuals representing themselves as being involved in the professions of industrial hygiene and safety 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) "Associate safety professional" means a person who has received, and is currently authorized to use the designation of associate safety professional from the board of certified safety professionals, a national nonprofit corporation established to improve the practice and educational standards of the profession of safety and that certifies individuals who meet its education, experience, examination, and maintenance requirements for practicing safety.

(2) "Certified industrial hygienist" means a person who has received, and is currently authorized to use, the designation of certified industrial hygienist from the American board of industrial hygiene, 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.

(3) "Certified safety professional" means a person who has received, and is currently authorized to use, the designation of certified safety professional from the board of certified safety professionals, a national nonprofit corporation established to improve the practice and educational standards of the profession of safety and that certifies individuals who meet its education, experience, examination, and maintenance requirements for practicing safety.

(4) "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.

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

(6) "Industrial hygienist-in-training" means a person who has received, and is currently authorized to use, the designation of industrial hygienist-in-training from the American board of industrial hygiene, 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.

(7) "Safety" means that art and science devoted to the protection of people, property, and the environment through anticipation, identification, and evaluation of hazardous conditions and practices; in order to develop hazard control designs, methods, procedures, and programs; to implement, administer, and advise others of hazard control programs; and to measure, audit, and evaluate the effectiveness of hazard control programs.

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; or

(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 (IHIT), or certified industrial hygienist (CIH).

(3) No person may represent himself or herself as a certified industrial hygienist without first being certified by and currently authorized to use the title by a national nonprofit corporation. The national nonprofit corporation must be established to improve the practice and educational standards of the profession of industrial hygiene, and certify individuals as certified industrial hygienists when they meet its education, experience, examination, and maintenance requirements.

NEW SECTION. Sec. 4. (1) No person may represent himself or herself as an associate safety professional unless they meet the qualifications defined in section 2(1) of this act.

(2) No person may represent himself or herself as a certified safety professional unless they meet the qualifications defined in section 2(3) of this act.

NEW SECTION. Sec. 5. (1) 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 a court of competent jurisdiction to recover actual damages or one thousand dollars, whichever is greater, against any person who violates section 3 of this act.

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

NEW SECTION. Sec. 6. 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) A student studying safety engaging in supervised activities related to safety;

(4) 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;

(5) 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; or

(6) Individuals practicing within the scope of the meaning of safety, so long as the individual does not use the title, initials, or represent themselves to the public as an associate or certified safety professional.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 18 RCW.