ContractorsAsbestos Consultants
Section § 7180
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.
Section § 7180.5
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.
Section § 7181
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.
Section § 7182
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.
Section § 7183
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.
Section § 7183.5
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.
Section § 7184
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.
Section § 7185
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.
Section § 7187
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.
Section § 7189
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.
Section § 7189.5
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.
Section § 7189.7
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.