Asbestos. Asbestos is a naturally occurring mineral fiber found in rock and soil. Asbestos can be used as an insulator or fire retardant in a variety of consumer goods, including in building materials, and is also found as a naturally occurring contaminant in deposits of other mineral types used for commercial purposes. 

Asbestos Projects.  Employees and other individuals working on an asbestos project must be certified by the Department of Labor and Industries (L&I). To qualify for a certificate, an individual must complete a training course and pass an examination. 

State law prohibits removing or encapsulating asbestos in any facility unless performed by a certified asbestos worker under the direct, on-site supervision of a certified asbestos supervisor. Persons undertaking asbestos projects are required to provide notice to L&I prior to commencing the project. Contractors working on asbestos abatement projects must obtain an asbestos contractor's certificate from L&I and employ at least one certified asbestos supervisor. 

An asbestos project is the construction, demolition, repair, maintenance, remodeling, 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. 

An asbestos abatement project is an asbestos project involving three square feet or three linear feet, or more, of asbestos-containing material. 

L&I has rulemaking authority to implement the asbestos certification and training requirements. L&I '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 applicable federal laws. 

Asbestos Hazard Emergency Response Act. The Asbestos Hazard Emergency Response Act (AHERA) and its regulations require public and non-profit private schools to inspect school buildings for asbestos-containing building material, prepare asbestos management plans, and perform asbestos response actions to prevent or reduce asbestos hazards. AHERA also required the Environmental Protection Agency (EPA) to adopt a model accreditation plan (MAP) for asbestos abatement personnel. The EPA's MAP covers training, examinations, continuing education, qualifications, recordkeeping for training providers, deaccreditation, electronic reporting, and reciprocity for states related to asbestos personnel. 

The provision that limits L&I's rulemaking authority for asbestos certification requirements to rules that are specifically required for the state's standards to be as stringent as applicable federal laws is removed. L&I's rules must instead 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.