Section § 7180

Explanation

This law states that anyone working as an asbestos consultant or site surveillance technician in California needs to be certified by the state starting from July 1, 1992. However, licensed contractors or asbestos abatement contractors can collect up to 12 samples of suspected asbestos material without certification in certain cases, like preparing bids or checking employee safety during construction. They can’t, however, offer health and safety services or perform risk assessments. If a contractor wants to check if an asbestos removal job is complete, they must be certified building inspectors under federal rules. Remember, contractors need to be registered for asbestos work and can’t do air monitoring after asbestos removal unless it’s legally allowed.

(a)CA Business & Professions Code § 7180(a) No person shall, on or after July 1, 1992, engage in the practice of an asbestos consultant as defined in Section 7181, or as a site surveillance technician as defined in Section 7182, unless he or she is certified by the Division of Occupational Safety and Health pursuant to regulations required by subdivision (b) of Section 9021.5 of the Labor Code.
(b)CA Business & Professions Code § 7180(b) Certification as an asbestos consultant or site surveillance technician shall not be required when a licensed contractor or registered asbestos abatement contractor takes no more than 12 bulk samples of suspected asbestos-containing material that is required to be removed, repaired, or disturbed as part of a construction project in a residential dwelling solely for any of the following purposes: (1) bid preparation for asbestos abatement; (2) evaluating exposure to its own employees during construction or asbestos abatement; or (3) determining for its own purposes or for the purpose of communicating whether or not a contract for asbestos abatement has been satisfactorily completed. Persons taking samples for the purposes described in this section shall be certified building inspectors under the Asbestos Hazard Emergency Response Act, as specified in Section 763 of Title 40 of the Code of Federal Regulations, appendix (c) to subpart (e). No licensed contractor or asbestos abatement contractor may provide professional health and safety services or perform any asbestos risk assessment. A bid for asbestos abatement may communicate the results and location of sampling for the presence of asbestos and how the asbestos will be abated. This section does not affect the requirement that asbestos abatement contractors be registered under Section 6501.5 of the Labor Code, nor does it permit a licensed contractor or asbestos abatement contractor to perform clearance air monitoring following asbestos abatement, unless otherwise permitted by law.

Section § 7180.5

Explanation

If you're a building owner or manager hiring someone to do asbestos consulting or monitoring, make sure you hire someone certified by the Division of Occupational Safety and Health. This requirement has been in effect since July 1, 1992.

When a building owner or operator engages the services of a person to perform asbestos consulting or site surveillance technician activities as defined in Sections 7181 and 7182 after July 1, 1992, the building owner or operator shall contract with a person who is certified by the Division of Occupational Safety and Health pursuant to the regulations required by subdivision (b) of Section 9021.5 of the Labor Code.

Section § 7181

Explanation

This section defines an "asbestos consultant" as someone who is hired to provide safety and health services related to asbestos. Their work can include inspecting buildings, designing projects to remove asbestos, managing contracts, supervising workers monitoring the site, collecting samples, creating plans to manage asbestos, and checking air quality after removal.

An “asbestos consultant,” as used in this chapter, means any person who contracts to provide professional health and safety services relating to asbestos-containing material, as defined in subdivision (b) of Section 6501.8 of the Labor Code, including building inspections, abatement project design, contract administration, supervision of site surveillance technicians as defined in Section 7182, sample collections, preparation of asbestos management plans, and clearance air monitoring.

Section § 7182

Explanation

In this law, a 'site surveillance technician' is someone who works independently on-site for an asbestos consultant. Their job is to watch over asbestos removal by others, check air quality for asbestos samples around the area and workers, and help with building surveys and managing contracts, all under the asbestos consultant's guidance.

A “site surveillance technician” means any person who acts as an independent onsite representative of an asbestos consultant who monitors the asbestos abatement activities of others, provides asbestos air monitoring services for area and personnel samples, and performs building surveys and contract administration at the direction of an asbestos consultant.

Section § 7183

Explanation

This law outlines the timeline and process for getting certified as an asbestos consultant or site surveillance technician. Within 15 days of receiving a certification application, officials must tell the applicant if it's complete or needs more information. If complete, they have 45 days to issue a certification card. If there's a delay, a provisional card is given until everything's sorted. This certification meets all current requirements for these professions.

(a)CA Business & Professions Code § 7183(a) Within 15 days of receipt of an application for certification pursuant to this article, the division shall inform the applicant in writing either (1) that the application is complete and accepted, or (2) that it is deficient and that additional information, documentation, or examination, specified in the notification, is required to complete the application. Within 45 days of the date of filing of a completed application, the division shall issue to each person who qualifies for certification pursuant to this article, a certification card which shall identify the holder thereof and the type of certification for which he or she has qualified. If the division cannot comply with the notification deadlines specified in this section, the division shall issue a provisional certification card until all procedures specified in this section are completed.
(b)CA Business & Professions Code § 7183(b) The certification required by this article shall satisfy all certification requirements of the division for asbestos consultants and site surveillance technicians.

Section § 7183.5

Explanation

This law mandates that the relevant division is responsible for overseeing asbestos consultants and technicians. If they find that someone got their certification by lying, acted very irresponsibly or fraudulently, or repeatedly made serious mistakes, they must cancel that person's certification. However, they can only do this after following specific legal procedures outlined in another section of the law.

The division shall enforce this article. In the event the division determines that a certified asbestos consultant or site surveillance technician obtained certification under false pretenses, or that a certified asbestos consultant or site surveillance technician acted in a grossly negligent or fraudulent manner, or engaged in repeated acts of negligence, the division shall revoke that person’s certification. The division shall only revoke a certification after complying with all of the procedural requirements of Chapter 5 (commencing with Section 11500) of Division 3 of Part 1 of Title 2 of the Government Code.

Section § 7184

Explanation

To become a certified asbestos consultant in California, you need to fulfill several requirements. First, you must have relevant education and experience: either a bachelor's degree and one to two years of asbestos work, an associate's degree with three years of experience, or a high school diploma with four years of experience. Next, you need a valid federal asbestos certification. Additionally, you have to pass a proficiency exam covering topics such as asbestos characteristics, health effects, regulatory requirements, safety procedures, and asbestos abatement methods.

A person shall qualify as a certified asbestos consultant by meeting all of the following requirements:
(a)CA Business & Professions Code § 7184(a) Having any one of the following:
(1)CA Business & Professions Code § 7184(a)(1) One year of asbestos-related experience, and a bachelor of science degree in engineering, architecture, industrial hygiene, construction management, or a related biological or physical science.
(2)CA Business & Professions Code § 7184(a)(2) Two years of asbestos-related experience, and a bachelor’s degree.
(3)CA Business & Professions Code § 7184(a)(3) Three years of asbestos-related experience, and an associate of arts degree in engineering, architecture, industrial hygiene, construction management, or a related biological or physical science.
(4)CA Business & Professions Code § 7184(a)(4) Four years of asbestos-related experience and a high school diploma or its equivalent.
(b)CA Business & Professions Code § 7184(b)  Possession of a valid federal Asbestos Hazard Emergency Response Act (Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code) certificate for the type of work being performed, or its equivalent, as determined by the division.
(c)CA Business & Professions Code § 7184(c) Demonstration of proficiency by achieving a passing score as determined by the division on an examination approved or administered by the division including, but not limited to, the following subjects:
(1)CA Business & Professions Code § 7184(c)(1) Physical characteristics of asbestos.
(2)CA Business & Professions Code § 7184(c)(2) Health effects of asbestos.
(3)CA Business & Professions Code § 7184(c)(3) Federal Occupational Safety and Health Administration, Division of Occupational Safety and Health, Environmental Protection Agency, air quality management districts, and State Department of Health Services regulatory requirements, including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, disposal, and general industry safety hazards.
(4)CA Business & Professions Code § 7184(c)(4) State-of-the-art asbestos abatement and control work procedures. The division shall define and incorporate into the certification standards the term “state-of-the-art” for purposes of this article, in the regulations required by subdivision (b) of Section 9021.5 of the Labor Code.
(5)CA Business & Professions Code § 7184(c)(5) Federal Asbestos Hazard Emergency Response Act training information and procedures for inspectors, management planners, and supervisors, as provided for under Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code, or the equivalent, as determined by the division.
(6)CA Business & Professions Code § 7184(c)(6) Information concerning industrial hygiene sampling methodology, including asbestos sampling and analysis techniques and recordkeeping.

Section § 7185

Explanation

To become a certified site surveillance technician in asbestos work, a person must complete several specific steps. They need six months of supervised experience with asbestos, a high school diploma or equivalent, and a valid federal certificate for asbestos work. Additionally, they must pass a test covering topics such as asbestos characteristics, health effects, relevant safety regulations, work procedures for asbestos abatement, and industrial hygiene practices.

A person shall qualify as a certified site surveillance technician by meeting all of the following requirements:
(a)CA Business & Professions Code § 7185(a) Having six months of asbestos-related experience under the supervision of an asbestos consultant.
(b)CA Business & Professions Code § 7185(b) Possession of a high school diploma or equivalent.
(c)CA Business & Professions Code § 7185(c)  Possession of a valid federal Asbestos Hazard Emergency Response Act (Subchapter II (commencing with Section 2641) of Chapter 53 of Title 15 of the United States Code) certificate for the type of work being performed, or its equivalent, as determined by the division.
(d)CA Business & Professions Code § 7185(d) Demonstration of proficiency by achieving a passing score, as determined by the division, on an examination approved or administered by the division covering the following subjects:
(1)CA Business & Professions Code § 7185(d)(1) Physical characteristics of asbestos.
(2)CA Business & Professions Code § 7185(d)(2) Health effects of asbestos.
(3)CA Business & Professions Code § 7185(d)(3) Federal Occupational Safety and Health Administration, Division of Occupational Safety and Health, Environmental Protection Agency, air quality management districts, and State Department of Health Services regulatory requirements, including protective clothing, respiratory protection, exposure limits, personal hygiene, medical monitoring, and general industry safety hazards.
(4)CA Business & Professions Code § 7185(d)(4) State-of-the-art asbestos abatement and control work procedures.
(5)CA Business & Professions Code § 7185(d)(5) Industrial hygiene sampling methodology, including sampling techniques and recordkeeping.

Section § 7187

Explanation

This law ensures that asbestos consultants and site surveillance technicians are independent from asbestos abatement contractors, meaning they shouldn't have any financial interest in the contractors they work with on the same project. Consultants can be hired by contractors, but only to provide health and safety services for the contractor's staff. The law doesn't apply to contractors taking a small number of samples to prepare bids, check employee exposure, or confirm work completion, as long as the samples are taken by certified inspectors. Contractors cannot provide health and safety services or asbestos risk assessments but can charge for bid preparation costs, like lab analyses. The main goal is to ensure that any asbestos-related consulting is done with unbiased, professional judgment without financial influence from the contractor.

When a building owner or operator contracts with an asbestos consultant or site surveillance technician for performance of the activities described in Sections 7181 and 7182, that asbestos consultant or site surveillance technician shall not have any financial or proprietary interest in an asbestos abatement contractor hired for the same project. However, this section shall not preclude the hiring of a consultant by a contractor for the purpose of providing health and safety services for the personnel of the contractor. This section shall not apply when a licensed contractor or registered asbestos abatement contractor takes no more than 12 bulk samples of suspected asbestos-containing material that is required to be removed, repaired, or disturbed as part of a construction project in a residential dwelling solely for any of the following purposes: (1) bid preparation for asbestos abatement; (2) evaluating exposure to its own employees during construction or asbestos abatement; or (3) determining for its own purposes or for the purpose of communicating whether or not a contract for asbestos abatement has been satisfactorily completed. Persons taking samples for the purposes described in this section shall be certified building inspectors under the Asbestos Hazard Emergency Response Act, as specified in Section 763 of Title 40 of the Code of Federal Regulations, appendix (c) to subpart (e). No licensed contractor or asbestos abatement contractor may provide professional health and safety services or perform any asbestos risk assessment. A licensed contractor or asbestos abatement contractor may seek compensation for bid preparation, including the cost of laboratory analysis of asbestos-containing material.
It is the intent of the Legislature in enacting this section to make certain that the asbestos-related work performed by a consultant, including, but not limited to, clearance air monitoring, project design, and contract administration, is performed in a manner which provides for independent professional judgment undertaken without consideration of the financial or beneficial interest of the contractor.

Section § 7189

Explanation

If you work as an asbestos consultant or site surveillance technician in California without being certified, or if you break certain rules, there are penalties. For a first offense, you're looking at a fine between $1,000 and $3,000. If you get caught again, the penalties get tougher: your certification can be taken away or suspended, you'll face a fine between $3,000 and $5,000, and you might even spend up to a year in county jail. These penalties can only be enforced after following proper legal procedures.

Any person who engages in the practices of an asbestos consultant or a site surveillance technician, who is not certified pursuant to this article, or who violates Section 7187, is subject to one of the following penalties:
(a)CA Business & Professions Code § 7189(a) Conviction of a first offense is an infraction punishable by a fine of not less than one thousand dollars ($1,000) or more than three thousand dollars ($3,000).
(b)CA Business & Professions Code § 7189(b) Conviction of a subsequent offense is a misdemeanor requiring revocation or suspension of any asbestos consultant’s or site surveillance technician’s certification, and a fine not not less than three thousand dollars ($3,000) or more than five thousand dollars ($5,000), or imprisonment in the county jail not exceeding one year, or both the fine and imprisonment.
The division shall only impose these penalties after complying with all of the procedural requirements of Chapter 5 (commencing with Section 11500) of Division 3 of Part 1 of Title 2 of the Government Code.

Section § 7189.5

Explanation

This law applies to projects that remove or control asbestos materials, specifically when the project covers 100 square feet or more of asbestos-containing materials. It aligns with specific work definitions found in another section of the labor laws.

This article shall apply to asbestos abatement projects within the meaning of asbestos-related work as defined in Section 6501.8 of the Labor Code, and which involves 100 square feet or more of surface area of asbestos containing material.

Section § 7189.7

Explanation

This law states that California state agencies don't have to hire outside asbestos consultants if their employees, who are performing these tasks, are already certified according to labor regulations. Preferably, these jobs should be done by state employees classified as associate or senior industrial hygienists. Additionally, lawyers giving legal advice about asbestos issues to building owners aren't required to be certified under the labor regulations.

(a)CA Business & Professions Code § 7189.7(a) Nothing in this article shall be construed to require agencies of the state to contract with asbestos consultants or site surveillance technicians who are not employees of the state as long as employees of the state who are assigned to perform the activities described in Sections 7181 and 7182 have been certified by the division pursuant to the regulations required by subdivision (b) of Section 9021.5 of the Labor Code. Where feasible, the state shall assign a state civil service classification of associate industrial hygienist or senior industrial hygienist to carry out asbestos consultation activities as described in Section 7181 for state-owned and leased buildings. The individuals in the classification assigned shall be certified as required in this article before performing these activities.
(b)CA Business & Professions Code § 7189.7(b) Nothing in this article shall be construed to require attorneys who provide legal advice on asbestos-related matters to building owners or operators to be certified by the division pursuant to the regulations required by subdivision (b) of Section 9021.5 of the Labor Code.