Requires that the Department of Labor and Industries' asbestos certification rules be based on the best available evidence, established best practices, and nationally recognized industry standards, and be the least burdensome to applicants necessary to address safety and health hazards.
State Asbestos Laws and Rules.
Except under limited circumstances, before a person can undertake an asbestos project, the person must provide written notice to the Department of Labor and Industries (Department). To work on an asbestos project, an employee or individual must be certified by the Department as a certified asbestos worker or certified asbestos supervisor.
To become certified, a person must take a multiday training course and pass an examination. The Department may deny, suspend, or revoke a certificate for failure of the holder to comply with any requirement under the state's asbestos laws.
The Department must adopt rules regarding certifications and denials, suspensions, and revocations. However, the Department's authority to adopt rules is limited to rules that are specifically required, and only to the extent specifically required, for the standards to be as stringent as the applicable federal asbestos laws.
An "asbestos project" is the construction, demolition, repair, maintenance, remodel, or renovation of any public or private building or mechanical piping equipment or systems involving the demolition, removal, encapsulation, salvage, or disposal of material, or outdoor activity releasing or likely to release asbestos fibers into the air.
Federal Asbestos Laws and Regulations.
The federal Asbestos Hazard Emergency Response Act (AHERA) and its regulations requires the Environmental Protection Agency (EPA) to adopt a model accreditation plan (MAP) for asbestos abatement on certain projects. The MAP applies to asbestos abatement and projects on schools and public and commercial buildings. The MAP covers requirements for training, examinations, and other accreditation qualifications for individuals working with asbestos.
The provision limiting the Department's rulemaking authority for asbestos certification requirements to rules that are specifically required, and only to the extent specifically required, for the state's standards to be as stringent as applicable federal laws is removed. Instead, the Department's rules must be based on the best available evidence, established best practices, and nationally recognized industry standards, and must be the least burdensome to applicants necessary to address safety and health hazards.
(In support) This bill is about how workers and supervisors should be trained to protect themselves. The issue is whether the protection of workers should be left to the state or to the EPA, and it is possible the EPA may end up having standards that are less protective of workers in the future. The bill is limited only to rules around certification of workers and supervisors and not rules around how asbestos is handled in abatement projects.
(Opposed) This would allow the state to diverge from established federal asbestos rules and create inconsistencies. The bill should be amended so that it only applies to the EPA's standards, which is what the Department is asking for, rather than completely eliminating the limitation on the Department's rulemaking.
(In support) Senator Victoria Hunt, prime sponsor; and Tammy Fellin, Department of Labor and Industries.