HOUSE BILL REPORT
HB 1515
BYRepresentatives Vekich, Patrick, Jones and Wang; by request of Department of Labor and Industries
Reenacting and amending provisions for asbestos projects.
House Committe on Commerce & Labor
Majority Report: Do pass. (11)
Signed by Representatives Vekich, Chair; Cole, Vice Chair; Patrick, Ranking Republican Member; Jones, R. King, Leonard, O'Brien, Prentice, Smith, Walker and Wolfe.
House Staff:Chris Cordes (786-7117)
AS REPORTED BY COMMITTEE ON COMMERCE & LABOR FEBRUARY 28, 1989
BACKGROUND:
Workers who are employed in Washington on asbestos abatement projects are required to be trained and certified by the Department of Labor and Industries. The federal Asbestos Hazard Emergency Response Act of 1986 required states, by the end of 1988 legislative sessions, to provide worker certification plans to ensure that asbestos in schools is removed by certified employees under the supervision of certified supervisors.
In response to the federal mandate, Substitute House Bill 1592 was passed in 1988 and signed (with a partial veto) by the Governor. SHB 1592 provides for contractor and supervisor certification, project prenotification procedures, penalties for non-compliance, and training requirements for employees on all asbestos projects. On September 12, 1988, a lawsuit was filed challenging the enactment of SHB 1592 for violating the requirements of Article II, Section 19 of the state Constitution.
SUMMARY:
The statutory asbestos project provisions are reenacted and amended.
Beginning January 1, 1989, work on an asbestos project may not be performed except under the supervision of a certified asbestos supervisor. Contractors must also have an asbestos contractor's certificate. Examinations are required for certified workers and supervisors. Certificates may be suspended or revoked if obtained through error or fraud or if the holder is found incompetent to perform the work.
Any owner who authorizes a project that has a reasonable possibility of releasing asbestos into the air must perform a good faith inspection to determine whether the proposed project will release any asbestos. An inspection is not required if the owner is reasonably certain that asbestos will not be disturbed or if the owner assumes that asbestos will be disturbed and takes the required precautions. A written inspection report or a statement of the asbestos condition must be given to the employees and be included in the required asbestos project notice.
Except for small projects and emergency projects, any owner who begins an asbestos project without (1) first conducting the inspection and submitting an inspection report or statement, and (2) submitting a description of the project with the project notice is subject to a mandatory fine of not less than $250 for each violation. In addition, the project must be halted. Any contractor who begins an asbestos project without receiving a copy of the inspection report or project statement is subject to a mandatory fine of not less than $250 per day. The contractor's certificate must be revoked for not less than six months if he or she knowingly violates any provision of the act.
Employees may not be discriminated against for notifying the department of activities that he or she reasonably believes violate the act.
An asbestos account is established as of March 24, 1988, to be funded from fees for certification and administration of examinations.
If any provision of the act is held invalid, the remainder of the act is not affected.
Appropriation: An unspecified amount to the Department of Labor and Industries from the accident and medical aid funds.
Fiscal Note: Available.
Effective Date:The bill contains an emergency clause and takes effect immediately.
House Committee ‑ Testified For: Steve Cant, Department of Labor and Industries; Brent Knott, Association of Western Pulp & Paper Workers.
House Committee - Testified Against: Douglas Morrison, Northwest Pulp & Paper Association.
House Committee - Testimony For: Changes are needed in state law to address federal requirements for asbestos abatement projects that occur in schools. The federal requirements for certified supervisors and contractors in schools is also appropriate in all abatement projects.
House Committee - Testimony Against: As drafted, the bill imposes more paperwork than is required under federal law. These issues could be addressed in a compromise proposal.